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 19930000 English

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ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1993 19930000 Compiled and Published by Authority of the State

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GEORGIA LAWS 1993 TABLE OF CONTENTS VOLUME ONE Acts by NumbersPage References vi Bills and ResolutionsAct Number References xiii Acts and Resolutions of General Application 1 Appellate CourtsPersonnel I Superior CourtsPersonnel and Calendars II IndexTabular XV IndexGeneral LVI Population of Georgia CountiesAlphabetically CLXVI Population of Georgia CountiesNumerically CLXXII Population of Municipalities CLXXIV Population of Judicial Circuits CLXXXV Georgia Senatorial Districts, Alphabetically by County CLXXXVIII Georgia Senators, Alphabetically by Name CXC Georgia Senators, Numerically by District CXCIII Georgia House Districts, Alphabetically by County CXCVI Georgia Representatives, Alphabetically by Name CXCVIII Georgia Representatives, Numerically by District CCVI Status of Referendum Elections CCXIV Governor's Proclamation on Ratification or Rejection of Constitutional Amendments at November, 1992, General Election CCCXL Vetoes by the Governor CCCXLV VOLUME TWO Acts by NumbersPage References vi Bills and ResolutionsAct Number References xiii Acts and Resolutions of Local Application 3501 County Home Rule Actions 5343 Municipal Home Rule Actions 5443 Appellate CourtsPersonnel I Superior CourtsPersonnel and Calendars II IndexTabular XV IndexGeneral LVI Population of Georgia CountiesAlphabetically CLXVI Population of Georgia CountiesNumerically CLXXII Population of Municipalities CLXXIV Population of Judicial Circuits CLXXXV Georgia Senatorial Districts, Alphabetically by County CLXXXVIII Georgia Senators, Alphabetically by Name CXC Georgia Senators, Numerically by District CXCIII Georgia House Districts, Alphabetically by County CXCVI Georgia Representatives, Alphabetically by Name CXCVIII Georgia Representatives, Numerically by District CCVI Status of Referendum Elections CCXIV Governor's Proclamation on Ratification or Rejection of Constitutional Amendments at November, 1992, General Election CCCXL Vetoes by the Governor CCCXLV

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COMPILER'S NOTE General Acts and Resolutions of the 1993 session of the General Assembly of Georgia will be found in Volume I beginning at page 1. No amendments to the Constitution of the State of Georgia were proposed in 1993. 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 1992 are printed in Volume II beginning at page 5343. Home rule actions by municipalities which were filed in the office of the Secretary of State during 1992 are printed in Volume II beginning at page 5443. There are no numbered pages between page 1994 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 Resolution beginning on

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page 1988 was not signed by the Governor. See the note at the end of that Resolution.

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ACTS BY NUMBERS, PAGE REFERENCES 1 3501 2 3514 3 3529 4 3538 5 3552 6 3560 7 3568 8 3576 9 3584 10 3588 11 3594 12 3601 13 3614 14 3620 15 3630 16 3637 17 3643 18 3651 19 3659 20 3667 21 3674 22 3682 23 3691 24 3699 25 3706 26 3714 27 3722 28 3730 29 3737 30 1 31 3746 32 3748 33 3754 34 3757 35 3767 36 3778 37 3784 38 3792 39 3801 40 3803 41 3806 42 3812 43 3820 44 3827 45 3830 46 4 47 3831 48 3839 49 3846 50 3857 51 3881 52 6 53 3888 54 3895 55 3897 56 3904 57 3909 58 3928 59 3934 60 3941 61 3945 62 3961 63 3966 64 3981 65 4006 66 4007 67 4014 68 4020 69 4022 70 4059 71 4064 72 4073 73 4082 74 4087 75 83 76 4091 77 4127 78 4136 79 4144 80 4151 81 4162 82 4174 83 86 84 91 85 118 86 4180 87 4187 88 4191 89 4195 90 4196 91 4198 92 4200 93 4203 94 4205

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95 4213 96 4215 97 4226 98 4228 99 4232 100 4245 101 4248 102 4250 103 4256 104 4258 105 4269 106 4271 107 4273 108 4275 109 4278 110 4282 111 4284 112 4286 113 4288 114 4291 115 4308 116 4310 117 4312 118 4314 119 4316 120 4318 121 4322 122 4324 123 4326 124 4328 125 4331 126 4333 127 4335 128 4341 129 4351 130 4354 131 4356 132 4359 133 4361 134 4370 135 4378 136 4380 137 4382 138 4384 139 4386 140 4404 141 4406 142 4408 143 4410 144 4413 145 4416 146 4418 147 4426 148 4429 149 4431 150 4433 151 4435 152 4437 153 4439 154 4441 155 4446 156 4450 157 4452 158 4455 159 4457 160 4459 161 4461 162 4465 163 4468 164 4470 165 4473 166 4477 167 4480 168 4482 169 4485 170 4490 171 4492 172 4495 173 4498 174 123 175 288 176 4501 177 4503 178 4515 179 4520 180 4522 181 4524 182 4534 183 4543 184 4549 185 4552 186 4556 187 4561 188 4564 189 4566 190 4568 191 4570 192 4573

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193 4574 194 4578 195 4580 196 4582 197 4584 198 4587 199 4589 200 4591 201 4592 202 4595 203 4597 204 4600 205 4602 206 4604 207 4606 208 4608 209 4610 210 290 211 4612 212 4614 213 4616 214 4619 215 4622 216 4631 217 4637 218 4641 219 292 220 4647 221 4649 222 4652 223 4663 224 4698 225 4708 226 4710 227 4718 228 4720 229 4723 230 4725 231 4727 232 4730 233 4737 234 4745 235 4747 236 4749 237 4767 238 4771 239 4780 240 4784 241 4795 242 4805 243 4815 244 4823 245 4827 246 4831 247 4834 248 4836 249 4841 250 4843 251 4845 252 4847 253 4849 254 4851 255 4853 256 4855 257 4857 258 4860 259 4863 260 4866 261 4870 262 4872 263 4874 264 4879 265 4914 266 4916 267 4918 268 4920 269 4922 270 4929 271 4931 272 4934 273 4953 274 4955 275 4957 276 4965 277 4966 278 4970 279 4978 280 294 281 296 282 299 283 301 284 303 285 304 286 305 287 308 288 311 289 313 290 315

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291 316 292 317 293 319 294 320 295 323 296 325 297 327 298 329 299 330 300 5066 301 343 302 348 303 349 304 351 305 353 306 355 307 360 308 361 309 363 310 366 311 370 312 373 313 374 314 376 315 392 316 394 317 396 318 399 319 416 320 417 321 418 322 419 323 423 324 426 325 427 326 429 327 432 328 434 329 435 330 438 331 440 332 442 333 444 334 446 335 447 336 448 337 450 338 452 339 453 340 454 341 456 342 457 343 459 344 462 345 464 346 465 347 467 348 468 349 471 350 476 351 481 352 483 353 491 354 496 355 500 356 510 357 511 358 516 359 518 360 521 361 531 362 535 363 537 364 539 365 541 366 542 367 543 368 563 369 565 370 568 371 5075 372 5083 373 5092 374 5100 375 5112 376 5117 377 5124 378 5130 379 5138 380 5143 381 5147 382 5153 383 5161 384 5168 385 5175 386 5181 387 5186 388 5190

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389 5192 390 5205 391 5241 392 5251 393 5260 394 576 395 577 396 579 397 585 398 588 399 590 400 597 401 603 402 604 403 607 404 608 405 611 406 615 407 617 408 625 409 629 410 630 411 632 412 633 413 698 414 699 415 700 416 701 417 702 418 705 419 707 420 710 421 712 422 715 423 717 424 719 425 721 426 724 427 725 428 727 429 728 430 730 431 732 432 733 433 735 434 738 435 757 436 762 437 765 438 768 439 772 440 776 441 778 442 779 443 782 444 784 445 786 446 787 447 788 448 790 449 791 450 792 451 794 452 795 453 797 454 800 455 801 456 803 457 805 458 806 459 808 460 809 461 811 462 813 463 863 464 5262 465 5301 466 5309 467 5316 468 910 469 914 470 915 471 917 472 929 473 931 474 933 475 934 476 936 477 940 478 947 479 961 480 966 481 968 482 969 483 972 484 974 485 979 486 981

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487 982 488 986 489 992 490 995 491 1000 492 1003 493 1008 494 1012 495 1014 496 1020 497 1023 498 1028 499 1030 500 1037 501 1042 502 1044 503 1047 504 1048 505 1050 506 1051 507 1052 508 1054 509 1055 510 1056 511 1057 512 1061 513 1063 514 1067 515 1071 516 1073 517 1074 518 1076 519 1078 520 1080 521 1081 522 1082 523 1087 524 1091 525 1092 526 1231 527 1260 528 1278 529 1279 530 1290 531 1292 532 1315 533 1336 534 1339 535 1362 536 1365 537 1368 538 1372 539 1374 540 1389 541 1390 542 1394 543 1396 544 1398 545 1399 546 1402 547 1429 548 1434 549 1436 550 1438 551 1440 552 1445 553 1490 554 1497 555 1502 556 1507 557 1510 558 1512 559 1529 560 1534 561 1541 562 1544 563 1550 564 1574 565 1579 566 1585 567 1647 568 1649 569 1654 570 1660 571 1664 572 1665 573 1667 574 1669 575 1670 576 1673 577 1676 578 1678 579 1683 580 1687 581 1688 582 1690 583 1693 584 1695 585 1712 586 1716 587 1719 588 1721

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589 1728 590 1731 591 1732 592 1736 593 5337 594 5340 595 1744 596 1774 597 1775 598 1777 599 1780 600 1781 601 1793 602 1795 603 1797 604 1805 605 1813 606 1815 607 1817 608 1819 609 1909 610 1914 611 1941 612 1969 613 1980 614 1983 615 1985 616 1987 RESOLUTIONS BY NUMBERS, PAGE REFERENCES 1 513 2 1097 3 1100 4 1102 5 1104 6 1107 7 1117 8 1122 9 1126 10 1132 11 1134 12 1137 13 1139 14 1145 15 1150 16 1153 17 1158 18 1159 19 1161 20 1163 21 1169 22 1170 23 1172 24 1173 25 1175 26 1177 27 1178 28 1179 29 1180 30 1181 31 1185 32 1189 33 1191 34 1195 35 1197 36 1198 37 1199 38 1200 39 1205 40 1208 41 5333 42 1210 43 1212 44 1214 45 1216 46 1219 47 1221 48 1225 49 1229 50 5336 51 1952 52 1958 53 1961 54 1963 55 1965 56 1988

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BILLS AND RESOLUTIONSACT NUMBER REFERENCES HB 2 316 394 HB 4 358 516 HB 7 3 3529 HB 8 4 3538 HB 9 5 3552 HB 11 1 3501 HB 12 2 3514 HB 13 6 3560 HB 14 7 3568 HB 15 8 3576 HB 16 9 3584 HB 17 10 3588 HB 19 110 4282 HB 20 11 3594 HB 21 476 936 HB 24 477 940 HB 29 410 630 HB 30 411 632 HB 33 13 3614 HB 34 413 698 HB 35 14 3620 HB 38 327 432 HB 39 328 434 HB 47 369 565 HB 49 368 563 HB 58 Vetoed HB 62 414 699 HB 63 415 700 HB 66 478 947 HB 69 366 542 HB 75 394 576 HB 76 416 701 HB 77 417 702 HB 79 418 705 HB 83 564 1574 HB 84 565 1579 HB 86 609 1909 HB 87 280 294 HB 90 613 1980 HB 93 603 1797 HB 94 419 707 HB 100 552 1445 HB 103 21 3674 HB 107 420 710 HB 108 12 3601 HB 113 601 1793 HB 114 45 3830 HB 115 109 4278 HB 116 281 296 HB 119 15 3630 HB 120 16 3637 HB 121 52 6 HB 123 108 4275 HB 124 602 1795 HB 125 421 712 HB 127 17 3643 HB 129 107 4273 HB 130 422 715 HB 135 106 4271 HB 137 423 717 HB 138 433 735 HB 139 282 299 HB 140 424 719 HB 142 434 738 HB 143 559 1529 HB 144 83 86 HB 145 84 91 HB 146 85 118 HB 149 526 1231 HB 152 26 3714 HB 155 20 3667 HB 156 19 3659 HB 157 105 4269 HB 159 18 3651 HB 164 527 1260 HB 167 425 721 HB 168 435 757 HB 172 436 762 HB 174 362 535 HB 191 571 1664 HB 195 317 396 HB 197 363 537 HB 205 426 724 HB 206 Vetoed HB 213 427 725 HB 214 428 727 HB 216 27 3722 HB 217 28 3730 HB 218 429 728 HB 222 395 577 HB 223 Vetoed HB 224 283 301 HB 226 36 3778 HB 227 572 1665

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HB 228 430 730 HB 229 284 303 HB 232 285 304 HB 237 367 543 HB 239 431 732 HB 242 396 579 HB 243 562 1544 HB 244 563 1550 HB 246 549 1436 HB 248 573 1667 HB 252 528 1278 HB 254 574 1669 HB 255 365 541 HB 257 318 399 HB 258 432 733 HB 259 608 1819 HB 261 397 585 HB 264 174 123 HB 265 605 1813 HB 269 479 961 HB 277 210 290 HB 280 398 588 HB 283 286 305 HB 284 287 308 HB 289 31 3746 HB 292 Vetoed HB 293 288 311 HB 294 319 416 HB 296 289 313 HB 298 575 1670 HB 299 480 966 HB 300 529 1279 HB 301 481 968 HB 302 290 315 HB 303 329 435 HB 306 330 438 HB 308 482 969 HB 316 291 316 HB 320 483 972 HB 322 530 1290 HB 327 484 974 HB 332 32 3748 HB 333 485 979 HB 334 22 3682 HB 335 577 1676 HB 338 41 3806 HB 340 292 317 HB 341 331 440 HB 342 33 3754 HB 344 486 981 HB 346 332 442 HB 349 437 765 HB 350 567 1647 HB 352 333 444 HB 353 320 417 HB 360 334 446 HB 362 531 1292 HB 363 104 4258 HB 364 37 3784 HB 365 38 3792 HB 374 399 590 HB 377 335 447 HB 378 103 4256 HB 379 293 319 HB 383 595 1744 HB 384 400 597 HB 385 438 768 HB 386 336 448 HB 388 102 4250 HB 393 39 3801 HB 395 412 633 HB 399 76 4091 HB 400 321 418 HB 402 487 982 HB 403 576 1673 HB 406 100 4245 HB 409 337 450 HB 410 338 452 HB 411 95 4213 HB 412 29 3737 HB 413 101 4248 HB 414 34 3757 HB 421 488 986 HB 422 211 4612 HB 425 212 4614 HB 428 596 1774 HB 442 98 4228 HB 443 99 4232 HB 444 96 4215 HB 447 439 772 HB 449 92 4200 HB 450 91 4198 HB 453 93 4203 HB 454 566 1585 HB 456 42 3812 HB 457 94 4205 HB 458 97 4226 HB 459 43 3820

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HB 462 440 776 HB 463 489 992 HB 465 47 3831 HB 466 48 3839 HB 468 49 3846 HB 470 90 4196 HB 472 490 995 HB 474 89 4195 HB 476 339 453 HB 485 569 1654 HB 486 570 1660 HB 487 40 3803 HB 489 532 1315 HB 490 402 604 HB 491 554 1497 HB 493 401 603 HB 496 491 1000 HB 497 403 607 HB 502 404 608 HB 508 340 454 HB 509 53 3888 HB 511 341 456 HB 515 342 457 HB 520 578 1678 HB 522 533 1336 HB 523 553 1490 HB 528 343 459 HB 536 568 1649 HB 538 344 462 HB 540 441 778 HB 543 492 1003 HB 544 493 1008 HB 547 494 1012 HB 548 111 4284 HB 550 77 4127 HB 551 75 83 HB 552 345 464 HB 556 443 782 HB 557 112 4286 HB 568 294 320 HB 569 495 1014 HB 570 35 3767 HB 583 66 4007 HB 584 346 465 HB 585 347 467 HB 586 44 3827 HB 588 113 4288 HB 593 348 468 HB 595 55 3897 HB 597 442 779 HB 600 444 784 HB 603 114 4291 HB 604 236 4749 HB 612 115 4308 HB 614 116 4310 HB 619 73 4082 HB 621 213 4616 HB 626 237 4767 HB 630 555 1502 HB 634 279 4978 HB 636 117 4312 HB 643 56 3904 HB 648 405 611 HB 651 579 1683 HB 653 534 1339 HB 657 118 4314 HB 660 445 786 HB 661 446 787 HB 669 535 1362 HB 673 238 4771 HB 677 536 1365 HB 678 295 323 HB 680 447 788 HB 682 214 4619 HB 687 50 3857 HB 688 119 4316 HB 689 496 1020 HB 691 215 4622 HB 695 448 790 HB 696 239 4780 HB 697 51 3881 HB 701 120 4318 HB 704 406 615 HB 712 548 1434 HB 713 371 5075 HB 714 497 1023 HB 717 67 4014 HB 718 583 1693 HB 719 537 1368 HB 720 449 791 HB 728 450 792 HB 730 121 4322 HB 731 122 4324 HB 735 216 4631 HB 737 580 1687 HB 741 364 539 HB 743 123 4326 HB 744 57 3909

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HB 745 Vetoed HB 746 124 4328 HB 750 538 1372 HB 751 451 794 HB 753 539 1374 HB 755 452 795 HB 756 68 4020 HB 757 58 3928 HB 758 59 3934 HB 759 453 797 HB 764 540 1389 HB 768 454 800 HB 774 71 4064 HB 775 60 3941 HB 776 72 4073 HB 779 455 801 HB 780 125 4331 HB 781 582 1690 HB 782 456 803 HB 784 606 1815 HB 787 462 813 HB 789 54 3895 HB 790 217 4637 HB 792 457 805 HB 793 218 4641 HB 797 498 1028 HB 802 407 617 HB 810 458 806 HB 811 558 1512 HB 813 61 3945 HB 814 62 3961 HB 815 63 3966 HB 817 78 4136 HB 818 79 4144 HB 825 126 4333 HB 826 499 1030 HB 830 127 4335 HB 831 128 4341 HB 833 129 4351 HB 836 219 292 HB 839 130 4354 HB 840 220 4647 HB 841 64 3981 HB 843 74 4087 HB 844 409 629 HB 845 65 4006 HB 846 131 4356 HB 853 132 4359 HB 855 80 4151 HB 856 133 4361 HB 858 81 4162 HB 859 134 4370 HB 867 135 4378 HB 868 136 4380 HB 869 137 4382 HB 870 459 808 HB 872 138 4384 HB 873 372 5083 HB 874 221 4649 HB 875 222 4652 HB 876 373 5092 HB 885 460 809 HB 888 223 4663 HB 899 70 4059 HB 908 374 5100 HB 909 224 4698 HB 910 139 4386 HB 911 240 4784 HB 916 241 4795 HB 917 242 4805 HB 918 140 4404 HB 919 142 4408 HB 920 360 521 HB 921 225 4708 HB 924 226 4710 HB 927 143 4410 HB 928 461 811 HB 930 375 5112 HB 935 144 4413 HB 936 581 1688 HB 940 227 4718 HB 941 600 1781 HB 942 69 4022 HB 944 228 4720 HB 946 229 4723 HB 948 230 4725 HB 949 408 625 HB 950 231 4727 HB 951 232 4730 HB 955 376 5117 HB 958 377 5124 HB 960 233 4737 HB 961 243 4815 HB 962 145 4416 HB 963 141 4406 HB 964 463 863 HB 966 322 419 HB 968 379 5138

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HB 970 244 4823 HB 971 245 4827 HB 972 541 1390 HB 976 234 4745 HB 978 Vetoed HB 979 378 5130 HB 982 246 4831 HB 983 380 5143 HB 984 247 4834 HB 985 248 4836 HB 987 249 4841 HB 990 250 4843 HB 991 381 5147 HB 995 251 4845 HB 996 235 4747 HB 1001 252 4847 HB 1002 253 4849 HB 1003 254 4851 HB 1004 255 4853 HB 1005 256 4855 HB 1010 257 4857 HB 1013 258 4860 HB 1014 259 4863 HB 1015 382 5153 HB 1016 383 5161 HB 1017 465 5301 HB 1018 260 4866 HB 1022 261 4870 HB 1023 262 4872 HB 1028 384 5168 HB 1031 263 4874 HB 1032 185 4552 HB 1033 186 4556 HB 1035 187 4561 HB 1036 385 5175 HB 1037 188 4564 HB 1038 189 4566 HB 1039 264 4879 HB 1040 190 4568 HB 1041 265 4914 HB 1042 266 4916 HB 1043 267 4918 HB 1044 191 4570 HB 1045 268 4920 HB 1046 269 4922 HB 1047 270 4929 HB 1048 192 4573 HB 1049 82 4174 HB 1050 271 4931 HB 1051 386 5181 HB 1052 272 4934 HB 1054 387 5186 HB 1055 273 4953 HB 1056 466 5309 HB 1057 193 4574 HB 1058 274 4955 HB 1060 275 4957 HB 1061 388 5190 HB 1069 276 4965 HB 1070 389 5192 HB 1071 464 5262 HB 1072 194 4578 HB 1076 467 5316 HB 1079 195 4580 HB 1081 277 4966 HB 1083 593 5337 HB 1089 196 4582 HB 1093 197 4584 HB 1094 278 4970 HB 1095 198 4587 HB 1096 199 4589 HB 1102 200 4591 HB 1106 201 4592 HB 1107 202 4595 HB 1108 203 4597 HB 1110 390 5205 HB 1115 204 4600 HB 1116 205 4602 HB 1117 206 4604 HB 1118 207 4606 HB 1121 208 4608 HB 1123 209 4610 HB 1124 Vetoed HR 16 23 1172 HR 49 24 1173 HR 55 25 1175 HR 64 26 1177 HR 78 27 1178 HR 88 28 1179 HR 119 29 1180 HR 121 30 1181 HR 122 31 1185 HR 123 32 1189

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HR 125 33 1191 HR 134 34 1195 HR 155 35 1197 HR 156 36 1198 HR 157 37 1199 HR 167 38 1200 HR 168 39 1205 HR 180 48 1225 HR 182 40 1208 HR 197 41 5333 HR 228 42 1210 HR 229 43 1212 HR 330 44 1214 HR 332 45 1216 HR 374 46 1219 HR 400 47 1221 SB 1 584 1695 SB 2 585 1712 SB 3 586 1716 SB 7 359 518 SB 9 361 531 SB 11 604 1805 SB 13 560 1534 SB 14 296 325 SB 15 303 349 SB 16 304 351 SB 17 298 329 SB 18 297 327 SB 19 597 1775 SB 21 23 3691 SB 22 24 3699 SB 23 25 3706 SB 25 349 471 SB 26 612 1969 SB 28 370 568 SB 29 545 1399 SB 30 30 1 SB 45 305 353 SB 48 306 355 SB 51 323 423 SB 61 587 1719 SB 70 542 1394 SB 73 550 1438 SB 74 551 1440 SB 75 147 4426 SB 76 307 360 SB 78 146 4418 SB 83 350 476 SB 85 308 361 SB 87 324 426 SB 88 557 1510 SB 90 309 363 SB 91 310 366 SB 92 311 370 SB 93 312 373 SB 96 148 4429 SB 97 175 288 SB 102 46 4 SB 103 543 1396 SB 104 500 1037 SB 108 325 427 SB 111 149 4431 SB 115 501 1042 SB 117 351 481 SB 125 598 1777 SB 129 607 1817 SB 130 502 1044 SB 133 588 1721 SB 137 299 330 SB 139 Vetoed SB 142 503 1047 SB 145 300 5066 SB 146 504 1048 SB 151 150 4433 SB 152 87 4187 SB 153 88 4191 SB 154 505 1050 SB 156 313 374 SB 162 546 1402 SB 165 506 1051 SB 167 151 4435 SB 171 507 1052 SB 172 508 1054 SB 173 509 1055 SB 175 510 1056 SB 177 152 4437 SB 178 Vetoed SB 179 Vetoed SB 181 Vetoed SB 182 Vetoed SB 183 153 4439 SB 184 Vetoed SB 189 511 1057

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SB 191 326 429 SB 192 544 1398 SB 195 154 4441 SB 196 512 1061 SB 197 513 1063 SB 200 547 1429 SB 201 514 1067 SB 202 515 1071 SB 206 516 1073 SB 210 615 1985 SB 214 517 1074 SB 217 155 4446 SB 218 156 4450 SB 219 157 4452 SB 220 158 4455 SB 221 176 4501 SB 222 301 343 SB 225 561 1541 SB 227 314 376 SB 230 352 483 SB 231 518 1076 SB 234 611 1941 SB 238 302 348 SB 240 556 1507 SB 244 519 1078 SB 249 520 1080 SB 252 589 1728 SB 254 159 4457 SB 256 521 1081 SB 258 160 4459 SB 263 522 1082 SB 265 391 5241 SB 269 614 1983 SB 271 523 1087 SB 273 353 491 SB 275 354 496 SB 277 524 1091 SB 278 392 5251 SB 279 599 1780 SB 283 Vetoed SB 284 177 4503 SB 285 161 4461 SB 294 355 500 SB 295 525 1092 SB 297 178 4515 SB 298 393 5260 SB 304 590 1731 SB 306 315 392 SB 315 468 910 SB 316 Vetoed SB 319 162 4465 SB 325 163 4468 SB 327 164 4470 SB 329 165 4473 SB 333 469 914 SB 335 610 1914 SB 338 166 4477 SB 339 356 510 SB 342 Vetoed SB 343 591 1732 SB 346 470 915 SB 347 357 511 SB 351 179 4520 SB 352 616 1987 SB 353 167 4480 SB 354 180 4522 SB 355 471 917 SB 358 473 931 SB 359 472 929 SB 369 474 933 SB 371 475 934 SB 372 592 1736 SB 373 168 4482 SB 374 181 4524 SB 375 182 4534 SB 379 86 4180 SB 382 183 4543 SB 383 169 4485 SB 385 170 4490 SB 388 171 4492 SB 389 172 4495 SB 390 594 5340 SB 391 173 4498 SB 392 184 4549 SR 7 54 1963 SR 8 56 1988 SR 21 51 1952 SR 44 55 1965 SR 64 2 1097 SR 68 3 1100 SR 69 4 1102

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SR 109 53 1961 SR 115 5 1104 SR 118 6 1107 SR 119 1 513 SR 121 7 1117 SR 122 8 1122 SR 127 9 1126 SR 131 52 1958 SR 142 10 1132 SR 153 11 1134 SR 156 49 1229 SR 158 12 1137 SR 180 13 1139 SR 200 14 1145 SR 208 15 1150 SR 226 16 1153 SR 230 17 1158 SR 231 18 1159 SR 232 19 1161 SR 233 20 1163 SR 234 21 1169 SR 238 22 1170 SR 250 50 5336

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ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1993 MILITARY AFFAIRS DEFENSE FINANCE AND ACCOUNTING SERVICES FACILITY; COMPETITION; CONTRACTS; SERVICES; EMINENT DOMAIN; CONVEYANCES; EXPENDITURE OF PROCEEDS OF GENERAL OBLIGATION DEBT. Code Section 38-2-177 Amended. No. 30 (Senate Bill No. 30). AN ACT To amend Part 4 of Article 2 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to financial and property management of military affairs, so as to authorize comprehensive cooperative agreements regarding services and facilities in defense matters among the federal, state, and local governments and local authorities; to authorize the Department of Defense and other state agencies to compete, and contract with the United States, for the establishment of a Defense Finance and Accounting Services facility in Georgia pursuant to the Opportunity for Economic Growth program of the United States Department of Defense and the Base Closure and Realignment Commission proceedings of the United States; to provide for the provision of services by local governments and local authorities for defense purposes; to provide for exercise of the power of eminent domain; to provide similar, additional, and related powers in the Department of Defense of the State of Georgia and other

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state agencies and instrumentalities; to provide for statements of circumstance and public purpose; 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 4 of Article 2 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to financial and property management of military affairs, is amended by striking Code Section 38-2-177, relating to the power of counties and municipal corporations to make property available to the state and federal governments for purposes of state and national defense, and inserting in its place a new Code section to read as follows: 38-2-177. (a) The General Assembly finds and declares that great public benefit shall result from cooperation among the United States, the state, the counties and municipal corporations of the state, and public authorities with respect to the national, state, and local defense. In particular, such benefit will result from competing and contracting for the establishment of a Defense Finance and Accounting Services facility in Georgia pursuant to the Opportunity for Economic Growth program of the United States Department of Defense and the Base Closure and Realignment Commission proceedings of the United States. Such benefits will include enhanced performance of defense functions, increased job opportunities, increased opportunity for job training and creating a skilled work force, enhanced economic activity, and increased governmental revenues. Pursuant to that finding and declaration, it is further declared to be a significant and important public purpose for the state and local governments to enter into such competition and agreements on such terms and conditions as they may determine in accord with the following: (1) The Department of Defense is authorized to acquire, by purchase, gift, condemnation, or otherwise, construct, establish, operate, maintain, repair, and replace a finance and accounting facility for defense purposes;

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(2) In connection therewith, with the approval of the Governor, the Department of Defense may compete and contract for the establishment of a Defense Finance and Accounting Services facility in Georgia pursuant to the Opportunity for Economic Growth program of the United States Department of Defense and the Base Closure and Realignment Commission proceedings of the United States; (3) In connection therewith, the department may enter into contracts with the United States, not exceeding 50 years in term, by which the state agrees to make services and facilities available to the United States for purposes of the national defense, or by which the United States makes services and facilities available to the state or its authorities for purposes of the state or national defense; and (4) In connection therewith, any other state agency or instrumentality shall be authorized to participate with the department or separately for the purpose of providing or receiving services or facilities consistent with its public functions. (b) In consideration of the mutual public purposes and pursuant to intergovernmental contract, the governing authorities of the counties, municipal corporations, and local authorities of the state are authorized to make appropriations from the funds of such counties, municipal corporations, and local authorities and are authorized to lease, lend, sell, grant, or donate services and property, both real and personal, of the counties and municipal corporations to the state and the federal government for purposes of local, state, and national defense and for the use of the organized militia. For such purposes they may exercise the power of eminent domain. Any donation of real property to the state by a county, municipal corporation, or local authority, with a provision in such a gift that the property shall be used for military purposes and should the property not be used for military purposes the same shall revert to the donor, shall be a valid gift; and if the property can be used by the state for military purposes it may be accepted by the Governor with

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such conditions and reverter, but the Governor may require the conveyance of a full fee and that likewise shall be a valid conveyance. When so accepted it shall be lawful to expend funds appropriated or otherwise authorized, including proceeds of general obligation debt, for the support of the militia to improve the property with an armory or other military facilities. Section 2. This Act shall become effective upon its approval by the Governor 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 12, 1993. BOARD OF ELECTIONS IN COUNTIES OF 40,000-40,700 REPEALED. No. 46 (Senate Bill No. 102). AN ACT To repeal an Act providing for a board of elections in each county having a population of not less than 22,312 and not more than 22,825, approved April 11, 1979 (Ga. L. 1979, p. 4165), as amended by an Act providing for applicability to each county having a population of not less than 40,000 and not more than 40,700, approved April 12, 1982 (Ga. L. 1982, p. 4331); to provide for abolition of any board of elections created by such Act; to provide for submission of this Act to the United States Attorney General; 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. The following Acts are repealed in their entirety: (1) An Act providing for a board of elections in each county having a population of not less than 22,312 and not more than 22,825, approved April 11, 1979 (Ga. L. 1979, p. 4165), as amended by an Act providing for applicability to each county having a population of not less than 40,000 and not more than 40,700, approved April 12, 1982 (Ga. L. 1982, p. 4331); and (2) Said amendatory Act approved April 11, 1979. Section 2. Immediately upon the effective date of this Act, any board of elections created pursuant to said 1979 Act and 1982 amendatory Act is abolished; and the members thereof shall cease to hold office. All staff personnel of any such board shall continue as employees of the county with the same employment rights and duties which they held immediately prior to the effective date of this Act. Such personnel shall become subject to the supervision of the probate judge of the county until another board of elections or board of elections and registration is created for the county, at which time they shall become employees of such board. Pending the creation of such board, the probate judge and such personnel shall assume all the duties of the former board of elections, including the duties of the board of registrars for the county. Section 3. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the governing authority of Columbia County to submit this Act to the United States Attorney General for approval. Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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Section 5. All laws and parts of laws in conflict with this Act are repealed. Approved February 23, 1993. APPROPRIATIONS SUPPLEMENTAL FOR S.F.Y. 1992-1993. No. 52 (House Bill No. 121). AN ACT To amend an Act providing appropriations for the State Fiscal Year 1992-1993 known as the General Appropriations Act, approved April 15, 1992 (Ga. L. 1992, p. 1701), so as to change certain appropriations for the State Fiscal Year 1992-1993; to make language and other changes; to reallocate certain 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. An Act providing appropriations for the State Fiscal Year 1992-1993, as amended, known as the General Appropriations Act approved April 15, 1992 (Ga. L. 1992, p. 1701), is further amended by striking everything following the enacting clause through Section 86, 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, 1992, and ending June 30, 1993, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and General Funds of the State, including surplus, reserves and a revenue

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estimate of $8,099,000,000 (excluding indigent trust fund receipts) for State Fiscal Year 1993. PART I. LEGISLATIVE BRANCH Section 1. General Assembly. Budget Unit: General Assembly $ 22,674,129 Personal Services - Staff $ 11,358,969 Personal Services - Elected Officials $ 3,631,045 Regular Operating Expenses $ 2,485,225 Travel - Staff $ 88,600 Travel - Elected Officials $ 7,000 Capital Outlay $ 0 Equipment $ 298,500 Computer Charges $ 493,000 Real Estate Rentals $ 5,000 Telecommunications $ 675,000 Per Diem, Fees and Contracts - Staff $ 233,174 Per Diem, Fees and Contracts - Elected Officials $ 2,200,816 Photography $ 65,000 Expense Reimbursement Account $ 1,132,800 Total Funds Budgeted $ 22,674,129 State Funds Budgeted $ 22,674,129 Senate Functional Budgets Total Funds State Funds Senate and Research Office $ 3,848,370 $ 3,848,370 Lt. Governor's Office $ 618,694 $ 618,694 Secretary of the Senate's Office $ 1,165,879 $ 1,165,879 Total $ 5,632,943 $ 5,632,943

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House Functional Budgets Total Funds State Funds House of Representatives and Research Office $ 8,810,991 $ 8,810,991 Speaker of the House's Office $ 468,810 $ 468,810 Clerk of the House's Office $ 1,281,037 $ 1,281,037 Total $ 10,560,838 $ 10,560,838 Joint Functional Budgets Total Funds State Funds Legislative Counsel's Office $ 2,267,317 $ 2,267,317 Legislative Fiscal Office $ 2,088,938 $ 2,088,938 Legislative Budget Office $ 902,812 $ 902,812 Ancillary Activities $ 1,221,281 $ 1,221,281 Total $ 6,480,348 $ 6,480,348 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

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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 $ 14,920,434 Personal Services $ 12,636,218 Regular Operating Expenses $ 386,144 Travel $ 521,650 Motor Vehicle Purchases $ 108,000 Equipment $ 9,550 Real Estate Rentals $ 802,995 Per Diem, Fees and Contracts $ 39,000 Computer Charges $ 311,177 Telecommunications $ 105,700 Total Funds Budgeted $ 14,920,434 State Funds Budgeted $ 14,920,434

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PART II. JUDICIAL BRANCH Section 3. Supreme Court. Budget Unit: Supreme Court $ 4,893,172 Personal Services $ 4,200,877 Operating Expenses $ 1,377,295 Total Funds Budgeted $ 5,578,172 State Funds Budgeted $ 4,893,172 Section 4. Court of Appeals. Budget Unit: Court of Appeals $ 5,593,669 Personal Services $ 4,944,669 Operating Expenses $ 699,000 Total Funds Budgeted $ 5,643,669 State Funds Budgeted $ 5,593,669 Section 5. Superior Courts. Budget Unit: Superior Courts $ 45,649,233 Operation of the Courts $ 43,726,048 Prosecuting Attorneys' Council $ 1,791,715 Sentence Review Panel $ 153,600 Council of Superior Court Judges $ 114,499 Judicial Administrative Districts $ 1,464,647 Habeas Corpus Clerk $ 7,800 Total Funds Budgeted $ 47,258,309 State Funds Budgeted $ 45,649,233 Section 6. Juvenile Courts. Budget Unit: Juvenile Courts $ 847,005 Section 7. Institute of Continuing Judicial Education. Budget Unit: Institute of Continuing Judicial Education $ 634,322 Institute's Operations $ 498,322 Georgia Magistrate Courts Training Council $ 136,000 Total Funds Budgeted $ 634,322 State Funds Budgeted $ 634,322 Section 8. Judicial Council. Budget Unit: Judicial Council $ 2,061,454 Council Operations $ 1,186,713 Payments to Judicial Administrative Districts for Case Counting $ 76,500 Board of Court Reporting $ 97,845 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 $ 660,000 Total Funds Budgeted $ 2,319,058 State Funds Budgeted $ 2,061,454 Section 9. Judicial Qualifications Commission. Budget Unit: Judicial Qualifications Commission $ 139,258 Section 10. Indigent Defense Council. Budget Unit: Indigent Defense Council $ 1,009,958

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PART III. EXECUTIVE BRANCH Section 11. Department of Administrative Services. A. Budget Unit: Department of Administrative Services $ 33,098,287 Personal Services $ 47,085,583 Regular Operating Expenses $ 12,345,554 Travel $ 258,340 Motor Vehicle Purchases $ 74,480 Equipment $ 1,519,947 Computer Charges $ 10,398,262 Real Estate Rentals $ 3,724,137 Telecommunications $ 2,819,765 Per Diem, Fees and Contracts $ 402,825 Rents and Maintenance Expense $ 10,751,716 Utilities $ 38,550 Payments to DOAS Fiscal Administration $ 2,750,000 Direct Payments to Georgia Building Authority for Capital Outlay $ 0 Direct Payments to Georgia Building Authority for Operations $ 0 Telephone Billings $ 45,094,697 Radio Billings $ 383,880 Materials for Resale $ 16,500,000 Public Safety Officers Indemnity Fund $ 0 Health Planning Review Board Operations $ 35,825 Total Funds Budgeted $ 154,183,561 State Funds Budgeted $ 33,098,287

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Department of Administrative Services Functional Budgets Total Funds State Funds Executive Administration $ 1,685,974 $ 527,183 Departmental Administration $ 2,715,708 $ 2,682,794 Statewide Systems Administration $ 10,165,277 $ 7,415,277 Space Management Administration $ 485,167 $ 485,167 Procurement Administration $ 2,837,754 $ 2,837,754 General Services Administration $ 483,246 $ 0 Central Supply Services $ 16,894,076 $ 0 Data Processing Services $ 46,501,373 $ 12,879,760 Motor Vehicle Services $ 3,554,856 $ 0 Communication Services $ 57,013,807 $ 5,850,000 Printing Services $ 6,585,403 $ 0 Surplus Property Services $ 1,606,287 $ 0 Mail and Courier Services $ 1,156,055 $ 0 Risk Management Services $ 2,078,226 $ 0 State Properties Commission $ 420,352 $ 420,352 Total $ 154,183,561 $ 33,098,287

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B. Budget Unit: Georgia Building Authority $ 0 Personal Services $ 18,778,739 Regular Operating Expenses $ 5,509,356 Travel $ 0 Motor Vehicle Purchases $ 215,000 Equipment $ 176,335 Computer Charges $ 60,800 Real Estate Rentals $ 16,800 Telecommunications $ 122,584 Per Diem, Fees and Contracts $ 171,000 Capital Outlay $ 0 Utilities $ 7,466,638 Contractual Expense $ 263,100 Fuel $ 0 Facilities Renovations and Repairs $ 0 Total Funds Budgeted $ 32,780,352 State Funds Budgeted $ 0

Page 14

Georgia Building Authority Functional Budgets Total Funds State Funds Grounds $ 1,624,398 $ 0 Custodial $ 4,788,256 $ 0 Maintenance $ 3,930,348 $ 0 Security $ 5,197,690 $ 0 Van Pool $ 394,619 $ 0 Sales $ 4,960,896 $ 0 Administration $ 10,244,673 $ 0 Railroad Excursions $ 1,639,472 $ 0 Facility Renovations $ 0 $ 0 Total $ 32,780,352 $ 0 Section 12. Agency for the Removal of Hazardous Materials. Budget Unit: Agency for the Removal of Hazardous Materials $ 99,834 Personal Services $ 81,334 Regular Operating Expenses $ 10,300 Travel $ 7,800 Motor Vehicle Purchases $ 0 Equipment $ 0 Computer Charges $ 0 Real Estate Rentals $ 0 Telecommunications $ 400 Per Diem, Fees and Contracts $ 0 Capital Outlay $ 0 Utilities $ 0 Total Funds Budgeted $ 99,834 State Funds Budgeted $ 99,834

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Section 13. Department of Agriculture. A. Budget Unit: Department of Agriculture $ 32,061,169 Personal Services $ 28,652,322 Regular Operating Expenses $ 3,876,578 Travel $ 815,170 Motor Vehicle Purchases $ 379,616 Equipment $ 273,063 Computer Charges $ 308,700 Real Estate Rentals $ 778,070 Telecommunications $ 318,274 Per Diem, Fees and Contracts $ 163,072 Market Bulletin Postage $ 860,000 Payments to Athens and Tifton Veterinary Laboratories $ 2,386,487 Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas, Oakwood, and Statesboro $ 1,759,941 Veterinary Fees $ 403,760 Indemnities $ 112,700 Advertising Contract $ 175,000 Payments to Georgia Agrirama Development Authority for Operations $ 622,817 Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets $ 362,600 Capital Outlay $ 0 Contract - Federation of Southern Cooperatives $ 39,200 Tick Control Program $ 0 Total Funds Budgeted $ 42,287,370 State Funds Budgeted $ 32,061,169 Department of Agriculture Functional Budgets Total Funds State Funds Plant Industry $ 4,776,629 $ 4,390,629 Animal Industry $ 6,595,082 $ 6,339,082 Marketing $ 1,828,226 $ 1,779,226 General Field Forces $ 3,127,022 $ 3,002,022 Internal Administration $ 3,147,683 $ 2,748,054 Information and Education $ 2,022,724 $ 2,022,724 Fuel and Measures $ 3,029,092 $ 2,886,512 Consumer Protection Field Forces $ 6,562,699 $ 4,499,390 Meat Inspection $ 4,070,110 $ 1,717,904 Major Markets $ 4,458,629 $ 837,803 Seed Technology $ 505,651 $ 0 Entomology and Pesticides $ 2,163,823 $ 1,837,823 Total $ 42,287,370 $ 32,061,169

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B. Budget Unit: Georgia Agrirama Development Authority $ 0 Personal Services $ 818,030 Regular Operating Expenses $ 169,800 Travel $ 5,864 Motor Vehicle Purchases $ 0 Equipment $ 10,755 Computer Charges $ 500 Real Estate Rentals $ 0 Telecommunications $ 7,708 Per Diem, Fees and Contracts $ 48,081 Capital Outlay $ 147,160 Goods for Resale $ 95,000 Total Funds Budgeted $ 1,302,898 State Funds Budgeted $ 0

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Section 14. Department of Banking and Finance. Budget Unit: Department of Banking and Finance $ 7,245,076 Personal Services $ 6,005,914 Regular Operating Expenses $ 288,747 Travel $ 318,019 Motor Vehicle Purchases $ 88,792 Equipment $ 17,138 Computer Charges $ 245,830 Real Estate Rentals $ 225,000 Telecommunications $ 51,136 Per Diem, Fees and Contracts $ 4,500 Total Funds Budgeted $ 7,245,076 State Funds Budgeted $ 7,245,076 Section 15. Department of Children and Youth Services. Budget Unit: Department of Childrenw and Youth Services $ 78,197,283 Personal Services $ 57,924,378 Regular Operating Expenses $ 4,251,258 Travel $ 704,472 Motor Vehicle Purchases $ 146,860 Equipment $ 333,177 Computer Charges $ 160,324 Real Estate Rentals $ 1,029,100 Telecommunications $ 673,005 Per Diem, Fees and Contracts $ 1,632,048 Utilities $ 1,960,860 Institutional Repairs and Maintenance $ 341,002 Grants to County-Owned Detention Centers $ 2,265,400 Service Benefits for Children $ 8,391,202 Purchase of Service Contracts $ 182,311 Total Funds Budgeted $ 79,995,397 State Funds Budgeted $ 78,197,283

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Children and Youth Services Functional Budgets Total Funds State Funds Regional Youth Development Centers $ 19,545,531 $ 18,816,119 Milledgeville State YDC $ 10,078,577 $ 9,681,185 Augusta State YDC $ 7,791,747 $ 7,467,229 Atlanta State YDC $ 4,337,649 $ 4,185,336 Macon State YDC $ 4,658,475 $ 4,463,996 Court Services $ 14,174,787 $ 14,174,787 Community Treatment Centers $ 2,969,773 $ 2,969,773 Day Centers $ 878,889 $ 878,889 Group Homes $ 759,032 $ 759,032 Purchased Services $ 9,175,255 $ 9,175,255 Runaway Investigation/Interstate Compact $ 825,990 $ 825,990 Assessment and Classification $ 454,235 $ 454,235 Youth Services Administration $ 4,345,457 $ 4,345,457 Total $ 79,995,397 $ 78,197,283 Section 16. Department of Community Affairs. Budget Unit: Department of Community Affairs $ 14,136,952 Personal Services $ 5,355,918 Regular Operating Expenses $ 220,527 Travel $ 135,980 Motor Vehicle Purchases $ 0 Equipment $ 881 Computer Charges $ 208,833 Real Estate Rentals $ 516,379 Telecommunications $ 42,580 Per Diem, Fees and Contracts $ 96,564 Capital Felony Expenses $ 68,600 Contracts with Regional Development Commissions $ 2,217,561 Local Assistance Grants $ 902,800 Appalachian Regional Commission Assessment $ 97,803 Community Development Block Grants (Federal) $ 30,000,000 Music Hall of Fame $ 107,800 Georgia Music Week Promotion $ 0 Local Development Fund $ 890,000 Payment to State Housing Trust Fund $ 4,625,000 Payment to Georgia Environmental Facilities Facilities Authority for Operations $ 1,232,474 Total Funds Budgeted $ 46,719,700 State Funds Budgeted $ 14,136,952

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Department of Community Affairs Functional Budgets Total Funds State Funds Office of the Commissioner $ 11,065,587 $ 9,744,587 Government Management $ 1,377,483 $ 1,360,483 Financial Assistance $ 31,943,855 $ 967,355 Coordinated Planning $ 2,332,775 $ 2,064,527 Total $ 46,719,700 $ 14,136,952

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Section 17. Department of Corrections. A. Budget Unit: Administration, Institutions and Probation $ 494,382,121 Personal Services $ 358,044,602 Regular Operating Expenses $ 49,287,841 Travel $ 2,265,442 Motor Vehicle Purchases $ 2,903,000 Equipment $ 3,842,407 Computer Charges $ 4,578,356 Real Estate Rentals $ 4,765,190 Telecommunications $ 4,116,139 Per Diem, Fees and Contracts $ 4,201,674 Capital Outlay $ 0 Utilities $ 14,858,811 Court Costs $ 546,000 County Subsidy $ 13,870,000 County Subsidy for Jails $ 4,117,200 Central Repair Fund $ 886,000 Payments to Central State Hospital for Meals $ 3,890,500 Payments to Central State Hospital for Utilities $ 1,331,940 Payments to Public Safety for Meals $ 444,500 Inmate Release Fund $ 1,740,000 Health Services Purchases $ 29,235,881 Payments to MAG for Health Care Certification $ 50,000 University of Georgia - Cooperative Extension Service Contracts $ 330,153 Minor Construction Fund $ 1,580,200 Total Funds Budgeted $ 506,885,836 Indirect DOAS Funding $ 450,000 Georgia Correctional Industries $ 0 State Funds Budgeted $ 494,382,121 Departmental Functional Budgets Total Funds State Funds Administration $ 53,560,712 $ 53,058,712 Institutions and Support $ 358,345,140 $ 357,127,140 Probation $ 94,979,984 $ 84,196,269 Total $ 506,885,836 $ 494,382,121

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B. Budget Unit: Board of Pardons and Paroles $ 35,371,233 Personal Services $ 28,841,882 Regular Operating Expenses $ 1,206,200 Travel $ 636,315 Motor Vehicle Purchases $ 40,500 Equipment $ 129,000 Computer Charges $ 456,836 Real Estate Rentals $ 2,403,000 Telecommunications $ 785,000 Per Diem, Fees and Contracts $ 267,500 County Jail Subsidy $ 600,000 Health Services Purchases $ 5,000 Total Funds Budgeted $ 35,371,233 State Funds Budgeted $ 35,371,233 Section 18. Department of Defense. Budget Unit: Department of Defense $ 3,752,403 Personal Services $ 6,691,642 Regular Operating Expenses $ 4,169,788 Travel $ 22,460 Motor Vehicle Purchases $ 0 Equipment $ 33,300 Computer Charges $ 3,700 Real Estate Rentals $ 4,740 Telecommunications $ 68,500 Per Diem, Fees and Contracts $ 566,400 Total Funds Budgeted $ 11,560,530 State Funds Budgeted $ 3,752,403 Department of Defense Functional Budgets Total Funds State Funds Office of the Adjutant General $ 1,133,806 $ 1,022,698 Georgia Air National Guard $ 4,523,265 $ 511,711 Georgia Army National Guard $ 5,903,459 $ 2,217,994 Total $ 11,560,530 $ 3,752,403

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Section 19. State Board of Education - Department of Education. Budget Unit: Department of Education $ 3,073,909,691 Personal Services $ 37,756,260 Regular Operating Expenses $ 3,982,877 Travel $ 1,210,209 Motor Vehicle Purchases $ 0 Equipment $ 439,897 Computer Charges $ 5,302,383 Real Estate Rentals $ 2,403,082 Telecommunications $ 1,440,290 Per Diem, Fees and Contracts $ 13,289,749 Utilities $ 755,136 Capital Outlay $ 53,600 QBE Formula Grants: Kindergarten/Grades 1 - 3 $ 740,410,606 Grades 4 - 8 $ 687,938,672 Grades 9 - 12 $ 294,146,672 High School Laboratories $ 105,116,834 Vocational Education Laboratories $ 98,000,675 Special Education $ 254,839,311 Gifted $ 35,093,414 Remedial Education $ 56,687,843 Staff Development and Professional Development $ 20,636,046 Media $ 84,028,051 Indirect Cost $ 578,797,768 Pupil Transportation $ 124,547,423 Local Fair Share $ (594,153,230) Mid-Term Adjustment Reserve $ 63,259,024 Cost of Living Adjustment $ 49,019,607 Textbook - 7 Year Cycle $ (36,920,019) Textbook - Increased FTE Counts $ 3,526,262 Other Categorical Grants: Equalization Formula $ 153,074,397 Sparsity Grants $ 3,421,565 In School Suspension $ 20,074,950 Special Instructional Assistance $ 41,642,563 Middle School Incentive $ 49,234,404 Special Education Low - Incidence Grants $ 406,000 Non-QBE Grants: Education of Children of Low-Income Families $ 200,863,393 Retirement (H.B. 272 and H.B. 1321) $ 4,600,914 Instructional Services for the Handicapped $ 23,177,937 Tuition for the Multi-Handicapped $ 2,371,899 Severely Emotionally Disturbed $ 35,493,693 School Lunch (Federal) $ 113,396,789 School Lunch (State) $ 22,861,763 Supervision and Assessment of Students and Beginning Teachers and Performance-Based Certification $ 1,500,000 Regional Education Service Agencies $ 6,820,033 Georgia Learning Resources System $ 3,124,736 High School Program $ 21,605,317 Special Education in State Institutions $ 3,965,103 Governor's Scholarships $ 2,378,647 Advanced Placement Exams $ 650,000 Job Training Partnership Act $ 3,084,680 Vocational Research and Curriculum $ 258,213 Even Start $ 1,779,075 Salaries and Travel of Public Librarians $ 10,242,708 Public Library Materials $ 4,441,538 Talking Book Centers $ 874,209 Public Library M O $ 3,764,432 Child Care Lunch Program (Federal) $ 16,787,825 Chapter II - Block Grant Flow Through $ 10,500,934 Payment of Federal Funds to Board of Technical and Adult Education $ 16,188,891 Education of Homeless Children/Youth $ 81,000 Innovative Programs $ 2,350,000 Technology Grants $ 525,000 Limited English-Speaking Students Program $ 5,921,681 Drug Free School (Federal) $ 11,504,934 Transition Program for Refugees $ 100,000 Emergency Immigrant Education Program $ 156,657 Title II Math/Science Grant (Federal) $ 4,353,819 Robert C. Byrd Scholarship (Federal) $ 253,000 Health Insurance - Non-Cert. Personnel and Retired Teachers $ 67,167,892 Pre-School Handicapped Program $ 11,525,312 Mentor Teachers $ 750,000 Serve America $ 370,103 Pre-Kindergarten Program $ 2,593,489 Duty-Free Lunch $ 0 Total Funds Budgeted $ 3,517,847,937 Indirect DOAS Services Funding $ 340,000 State Funds Budgeted $ 3,073,909,691

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Education Functional Budgets Total Funds State Funds State Administration $ 5,109,930 $ 4,467,589 Instructional Services $ 19,567,448 $ 13,911,368 Governor's Honors Program $ 1,164,392 $ 1,027,999 Administrative Services $ 18,016,039 $ 12,813,117 Special Services $ 6,111,660 $ 2,401,299 Professional Practices Commission $ 825,869 $ 825,869 Local Programs $ 3,451,214,454 $ 3,023,635,705 Georgia Academy for the Blind $ 4,805,938 $ 4,577,545 Georgia School for the Deaf $ 6,655,903 $ 6,414,720 Atlanta Area School for the Deaf $ 4,376,304 $ 3,834,480 Total $ 3,517,847,937 $ 3,073,909,691

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Section 20. Employees' Retirement System. Budget Unit: Employees' Retirement System $ 250,000 Personal Services $ 1,536,309 Regular Operating Expenses $ 225,800 Travel $ 13,500 Motor Vehicle Purchases $ 0 Equipment $ 13,015 Computer Charges $ 438,573 Real Estate Rentals $ 242,000 Telecommunications $ 23,812 Per Diem, Fees and Contracts $ 1,139,380 Benefits to Retirees $ 0 Total Funds Budgeted $ 3,632,389 State Funds Budgeted $ 250,000 Section 21. Forestry Commission. Budget Unit: Forestry Commission $ 31,930,436 Personal Services $ 26,965,436 Regular Operating Expenses $ 5,329,085 Travel $ 155,845 Motor Vehicle Purchases $ 964,884 Equipment $ 1,650,000 Computer Charges $ 144,250 Real Estate Rentals $ 46,740 Telecommunications $ 1,007,600 Per Diem, Fees and Contracts $ 617,925 Ware County Grant $ 24,500 Ware County Grant for Southern Forest World $ 4,900 Ware County Grant for Road Maintenance $ 60,000 Capital Outlay $ 184,705 Total Funds Budgeted $ 37,155,870 State Funds Budgeted $ 31,930,436

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Forestry Commission Functional Budgets Total Funds State Funds Reforestation $ 1,732,084 $ 11,265 Field Services $ 31,436,473 $ 28,571,868 General Administration and Support $ 3,987,313 $ 3,347,303 Total $ 37,155,870 $ 31,930,436 Section 22. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of Investigation $ 36,198,566 Personal Services $ 28,057,897 Regular Operating Expenses $ 2,695,667 Travel $ 472,761 Motor Vehicle Purchases $ 789,008 Equipment $ 771,010 Computer Charges $ 1,393,092 Real Estate Rentals $ 1,967,522 Telecommunications $ 769,317 Per Diem, Fees and Contracts $ 1,036,456 Evidence Purchased $ 390,711 Capital Outlay $ 451,000 Total Funds Budgeted $ 38,794,441 Total State Funds Budgeted $ 36,198,566 Georgia Bureau of Investigation Functional Budgets Total Funds State Funds Administration $ 3,356,564 $ 3,356,564 Drug Enforcement $ 9,060,867 $ 8,050,962 Investigative $ 11,308,271 $ 10,743,181 Georgia Crime Information Center $ 6,797,812 $ 6,371,490 Forensic Sciences $ 8,270,927 $ 7,676,369 Total $ 38,794,441 $ 36,198,566

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Section 23. Office of the Governor. Budget Unit: Office of the Governor $ 24,969,087 Personal Services $ 12,442,847 Regular Operating Expenses $ 907,086 Travel $ 242,531 Motor Vehicle Purchases $ 0 Equipment $ 63,139 Computer Charges $ 647,937 Real Estate Rentals $ 970,338 Telecommunications $ 325,138 Per Diem, Fees and Contracts $ 41,937,128 Cost of Operations $ 2,865,310 Mansion Allowance $ 40,000 Governor's Emergency Fund $ 3,704,000 Intern Stipends and Travel $ 152,280 Art Grants of State Funds $ 2,627,357 Art Grants of Non-State Funds $ 232,211 Humanities Grant - State Funds $ 42,800 Art Acquisitions - State Funds $ 0 Children and Youth Grants $ 95,000 Juvenile Justice Grants $ 1,363,725 Payments to Hazardous Waste Management Authority $ 728,540 Georgia Crime Victims Assistance Program $ 100,000 Grants to Local Systems $ 503,500 Grants - Local EMA $ 1,044,200 Grants - Other $ 0 Grants - Civil Air Patrol $ 40,000 Grants - Disaster $ 0 Total Funds Budgeted $ 71,075,067 State Funds Budgeted $ 24,969,087 Office of the Governor Functional Budgets Total Funds State Funds Governor's Office $ 6,761,590 $ 6,761,590 Commission on Equal Opportunity $ 844,724 $ 734,724 Office of Planning and Budget $ 5,574,680 $ 5,574,680 Council for the Arts $ 3,510,188 $ 2,974,510 Office of Consumer Affairs $ 2,208,907 $ 2,208,907 State Energy Office $ 29,914,244 $ 295,902 Vocational Education Advisory Council $ 243,297 $ 91,147 Office of Consumers' Utility Council $ 523,605 $ 523,605 Criminal Justice Coordinating Council $ 11,930,191 $ 343,412 Children and Youth Coordinating Council $ 1,775,402 $ 495,402 Human Relations Commission $ 206,567 $ 206,567 Governor's Commission on Drug Awareness and Prevention $ 411,445 $ 0 Professional Standards Commission $ 3,371,360 $ 3,371,360 Georgia Emergency Management Agency $ 3,498,867 $ 1,087,281 Office of State Olympic Coordination $ 300,000 $ 300,000 Total $ 71,075,067 $ 24,969,087

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Section 24. Department of Human Resources. A. Budget Unit: Departmental Operations $ 552,585,314 1. General Administration and Support Budget: Personal Services $ 42,420,443 Regular Operating Expenses $ 1,889,111 Travel $ 1,160,886 Motor Vehicle Purchases $ 863,000 Equipment $ 96,052 Real Estate Rentals $ 4,484,397 Per Diem, Fees and Contracts $ 697,789 Computer Charges $ 877,000 Telecommunications $ 645,969 Special Purpose Contracts $ 307,485 Service Benefits for Children $ 19,153,867 Purchase of Service Contracts $ 30,196,885 Institutional Repairs and Maintenance $ 59,455 Postage $ 939,821 Payments to DMA-Community Care $ 13,213,121 Total Funds Budgeted $ 117,005,281 Indirect DOAS Services Funding $ 412,600 State Funds Budgeted $ 70,918,201 General Administration and Support Functional Budgets Total Funds State Funds Commissioner's Office $ 737,000 $ 737,000 Budget Administration $ 1,979,593 $ 1,979,593 Office of Children and Youth $ 19,153,867 $ 18,631,822 Administrative Support Services $ 16,034,637 $ 15,068,537 Facilities Management $ 5,046,140 $ 3,499,255 Administrative Appeals $ 1,587,761 $ 1,587,761 Regulatory Services - Program Direction and Support $ 584,783 $ 574,783 Child Care Licensing $ 2,709,605 $ 2,709,605 Health Care Facilities Regulation $ 6,210,964 $ 1,849,067 Fraud and Abuse $ 5,823,352 $ 792,241 Financial Services $ 5,279,758 $ 5,079,758 Auditing Services $ 1,747,275 $ 1,747,275 Personnel Administration $ 1,736,257 $ 1,736,257 Indirect Cost $ 0 $ (7,766,215) Public Affairs $ 398,942 $ 398,942 Aging Services $ 46,520,589 $ 20,897,762 State Health Planning Agency $ 1,454,758 $ 1,394,758 Total $ 117,005,281 $ 70,918,201

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2. Public Health Budget: Personal Services $ 46,781,952 Regular Operating Expenses $ 69,848,568 Travel $ 890,347 Motor Vehicle Purchases $ 40,000 Equipment $ 95,566 Real Estate Rentals $ 1,088,038 Per Diem, Fees and Contracts $ 4,040,921 Computer Charges $ 689,083 Telecommunications $ 697,336 Crippled Children's Benefits $ 7,739,825 Kidney Disease Benefits $ 308,000 Cancer Control Benefits $ 2,928,130 Benefits for Medically Indigent High-Risk Pregnant Women and Their Infants $ 950,000 Family Planning Benefits $ 515,602 Crippled Children's Clinics $ 640,000 Special Purpose Contracts $ 654,009 Purchase of Service Contracts $ 10,995,141 Grant-In-Aid to Counties $ 74,210,729 Institutional Repairs and Maintenance $ 29,700 Postage $ 133,686 Grants for Regional Maternal and Infant Care $ 747,761 Total Funds Budgeted $ 224,024,394 Indirect DOAS Services Funding $ 549,718 State Funds Budgeted $ 113,349,449

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Public Health Functional Budgets Total Funds State Funds District Health Administration $ 10,998,587 $ 10,868,912 Newborn Follow-Up Care $ 1,014,010 $ 738,855 Dental Health $ 1,354,336 $ 1,144,161 Stroke and Heart Attack Prevention $ 1,921,067 $ 1,391,067 Sickle Cell, Vision and Hearing $ 3,542,136 $ 3,147,407 High-Risk Pregnant Women and Infants $ 5,363,033 $ 5,251,033 Sexually Transmitted Diseases $ 3,639,862 $ 296,020 Family Planning $ 6,974,039 $ 3,869,875 Malnutrition $ 71,297,675 $ 0 Grant in Aid to Counties $ 49,011,370 $ 46,346,054 Children's Medical Services $ 12,616,713 $ 7,616,713 Emergency Health $ 2,942,492 $ 1,885,944 Primary Health Care $ 1,641,238 $ 1,269,250 Epidemiology $ 639,048 $ 473,560 Immunization $ 794,646 $ 0 Community Tuberculosis Control $ 2,454,914 $ 1,987,934 Maternal and Child Health Management $ 987,912 $ 663,163 Infant and Child Health $ 1,329,405 $ 506,479 Maternal Health - Perinatal $ 2,511,353 $ 1,601,605 Chronic Disease $ 1,031,530 $ 1,031,530 Diabetes $ 498,922 $ 498,922 Cancer Control $ 3,958,331 $ 3,828,701 Director's Office $ 809,745 $ 612,520 Employees' Health $ 322,420 $ 322,420 Health Program Management $ 1,624,636 $ 1,491,035 Vital Records $ 1,758,251 $ 1,539,222 Health Services Research $ 720,797 $ 497,979 Environmental Health $ 922,953 $ 749,036 Laboratory Services $ 5,296,984 $ 5,176,984 Community Care $ 3,108,063 $ 1,228,650 Community Health Management $ 339,338 $ 250,701 Aids $ 6,778,097 $ 3,300,102 Vaccines $ 9,954,417 $ 696,591 Drug and Clinic Supplies $ 2,823,605 $ 1,865,229 Adolescent Health $ 2,870,878 $ 1,816,778 Public Health - Planning Councils $ 171,591 $ 155,071 Public Health - Division Indirect Cost $ 0 $ (770,054) Total $ 224,024,394 $ 113,349,449

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3. Rehabilitation Services Budget: Personal Services $ 62,837,150 Regular Operating Expenses $ 10,416,531 Travel $ 800,674 Motor Vehicle Purchases $ 45,100 Equipment $ 331,676 Real Estate Rentals $ 3,551,681 Per Diem, Fees and Contracts $ 4,930,167 Computer Charges $ 1,719,009 Telecommunications $ 1,456,893 Case Services $ 17,377,092 E.S.R.P. Case Services $ 27,000 Special Purpose Contracts $ 593,500 Purchase of Services Contracts $ 8,266,975 Institutional Repairs and Maintenance $ 139,000 Utilities $ 892,620 Postage $ 510,068 Total Funds Budgeted $ 113,895,136 Indirect DOAS Services Funding $ 100,000 State Funds Budgeted $ 20,091,102

Page 34

Rehabilitation Services Functional Budgets Total Funds State Funds District Field Services $ 37,894,528 $ 8,057,978 Independent Living $ 596,298 $ 389,540 Bobby Dodd Workshop $ 457,965 $ 131,761 Sheltered Employment $ 1,604,916 $ 778,829 Community Facilities $ 7,023,653 $ 2,911,328 State Rehabilitation Facilities $ 6,712,772 $ 1,299,599 Diversified Industries of Georgia $ 756,765 $ 0 Program Direction and Support $ 3,180,222 $ 1,201,178 Grants Management $ 602,613 $ 602,613 Disability Adjudication $ 23,841,138 $ 0 Georgia Factory for the Blind $ 11,613,444 $ 765,429 Roosevelt Warm Springs Institute $ 19,610,822 $ 3,952,847 Total $ 113,895,136 $ 20,091,102 4. Family and Children Services Budget: Personal Services $ 37,632,181 Regular Operating Expenses $ 3,369,889 Travel $ 651,453 Motor Vehicle Purchases $ 0 Equipment $ 227,655 Real Estate Rentals $ 1,856,861 Per Diem, Fees and Contracts $ 9,464,103 Computer Charges $ 21,938,065 Telecommunications $ 2,118,333 Children's Trust Fund $ 1,126,134 Cash Benefits $ 456,330,951 Special Purpose Contracts $ 3,703,926 Service Benefits for Children $ 113,369,868 Purchase of Service Contracts $ 14,591,953 Postage $ 3,142,475 Grants to County DFACS - Operations $ 233,896,918 Total Funds Budgeted $ 903,420,765 Indirect DOAS Services Funding $ 2,565,582 State Funds Budgeted $ 348,226,562

Page 35

Family and Children Services Functional Budgets Total Funds State Funds Director's Office $ 363,168 $ 363,168 Social Services $ 3,065,140 $ 3,065,140 Administrative Support $ 5,588,224 $ 4,493,755 Quality Assurance $ 3,650,549 $ 3,650,549 Community Services $ 11,091,750 $ 941,219 Field Management $ 1,207,894 $ 1,207,894 Human Resources Management $ 1,665,126 $ 1,497,727 Public Assistance $ 23,008,256 $ 9,862,797 Child Support Recovery $ 39,269,890 $ 3,406,848 AFDC Payments $ 445,719,849 $ 169,362,394 SSI - Supplemental Benefits $ 100 $ 100 Refugee Programs $ 2,799,421 $ 0 Energy Benefits $ 8,665,581 $ 0 County DFACS Operations - Eligibility $ 98,713,966 $ 49,298,280 County DFACS Operations - Social Services $ 73,828,638 $ 25,322,660 Food Stamp Issuance $ 2,769,480 $ 0 County DFACS Operations - Homemakers Services $ 7,199,934 $ 1,769,007 County DFACS Operations - Joint and Administration $ 47,958,249 $ 21,480,589 County DFACS Operations - Employability Program $ 6,196,131 $ 2,353,667 Employability Benefits $ 13,988,947 $ 5,457,000 Legal Services $ 1,730,874 $ 1,275,316 Family Foster Care $ 32,235,990 $ 21,891,254 Institutional Foster Care $ 5,586,136 $ 4,437,334 Specialized Foster Care $ 2,074,927 $ 1,969,337 Adoption Supplement $ 6,453,207 $ 4,530,793 Day Care $ 56,107,157 $ 16,165,359 Outreach - Contracts $ 144,817 $ 144,817 Special Projects $ 1,085,349 $ 1,061,747 Children's Trust Fund Commission $ 1,252,015 $ 1,252,015 Indirect Cost $ 0 $ (8,034,204) Total $ 903,420,765 $ 348,226,562

Page 37

Budget Unit Object Classes: Personal Services $ 189,671,726 Regular Operating Expenses $ 85,524,099 Travel $ 3,503,360 Motor Vehicle Purchases $ 948,100 Equipment $ 750,949 Real Estate Rentals $ 10,980,977 Per Diem, Fees and Contracts $ 19,132,980 Computer Charges $ 25,223,157 Telecommunications $ 4,918,531 Crippled Children's Benefits $ 7,739,825 Kidney Disease Benefits $ 308,000 Cancer Control Benefits $ 2,928,130 Benefits for Medically Indigent High-Risk Pregnant Women and Their Infants $ 950,000 Family Planning Benefits $ 515,602 Case Services $ 17,377,092 E.S.R.P. Case Services $ 27,000 Crippled Children's Clinics $ 640,000 Children's Trust Fund $ 1,126,134 Cash Benefits $ 456,330,951 Special Purpose Contracts $ 5,258,920 Service Benefits for Children $ 132,523,735 Purchase of Service Contracts $ 64,050,954 Grant-In-Aid to Counties $ 74,210,729 Institutional Repairs and Maintenance $ 228,155 Utilities $ 892,620 Postage $ 4,726,050 Payments to DMA-Community Care $ 13,213,121 Grants for Regional Maternal and Infant Care $ 747,761 Grants to County DFACS - Operations $ 233,896,918 B. Budget Unit: Community Mental Health/Mental Retardation and Institutions $ 414,691,428 Personal Services $ 341,508,994 Regular Operating Expenses $ 36,037,623 Travel $ 283,053 Motor Vehicle Purchases $ 420,000 Equipment $ 1,772,651 Computer Charges $ 4,066,700 Real Estate Rentals $ 234,554 Telecommunications $ 2,348,900 Per Diem, Fees and Contracts $ 8,149,039 Utilities $ 11,469,056 Authority Lease Rentals $ 714,900 Institutional Repairs and Maintenance $ 1,724,700 Substance Abuse Community Services $ 42,737,596 Mental Retardation Community Services $ 91,097,922 Mental Health Community Services $ 22,097,993 Community Mental Health Center Services $ 55,871,683 Special Purpose Contract $ 272,118 Total Funds Budgeted $ 620,807,482 Indirect DOAS Services Funding $ 2,404,100 State Funds Budgeted $ 414,691,428

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Community Mental Health/Mental Retardation and Institutional Functional Budgets Total Funds State Funds Southwestern State Hospital $ 40,512,868 $ 24,418,556 Brook Run $ 30,820,338 $ 10,788,238 Georgia Mental Health Institute $ 32,567,161 $ 25,385,922 Georgia Regional Hospital at Augusta $ 23,923,914 $ 19,918,233 Northwest Regional Hospital at Rome $ 30,092,197 $ 22,250,759 Georgia Regional Hospital at Atlanta $ 30,435,255 $ 21,243,416 Central State Hospital $ 136,607,219 $ 80,985,141 Georgia Regional Hospital at Savannah $ 24,842,773 $ 18,563,294 Gracewood State School and Hospital $ 46,848,380 $ 20,826,768 West Central Georgia Regional Hospital $ 22,916,873 $ 17,500,655 Outdoor Therapeutic Program $ 3,462,612 $ 2,593,738 Mental Health Community Assistance $ 10,233,627 $ 10,057,319 Mental Retardation Community Assistance $ 4,786,953 $ 2,939,056 Day Care Centers for Mentally Retarded $ 69,911,100 $ 42,175,100 Supportive Living $ 21,757,590 $ 17,483,697 Georgia State Foster Grandparents/Senior Companion Program $ 702,484 $ 702,484 Project Rescue $ 516,969 $ 516,969 Drug Abuse Contracts $ 1,090,072 $ 1,090,072 Community Mental Health Center Services $ 55,871,683 $ 47,149,568 Project ARC $ 379,214 $ 379,214 Metro Drug Abuse Centers $ 1,406,231 $ 1,210,731 Group Homes for Autistic Children $ 280,748 $ 280,748 Project Friendship $ 340,403 $ 340,403 Community Mental Retardation Staff $ 4,099,727 $ 4,099,727 Community Mental Retardation Residential Services $ 15,536,164 $ 15,536,164 Contract with Clayton County Board of Education for Autistic Children $ 90,900 $ 90,900 MH/MR/SA Administration $ 10,774,027 $ 6,164,556 Total $ 620,807,482 $ 414,691,428

Page 40

Section 25. Department of Industry and Trade. Budget Unit: Department of Industry and Trade $ 15,795,790 Personal Services $ 7,791,692 Regular Operating Expenses $ 1,343,815 Travel $ 244,217 Motor Vehicle Purchases $ 59,760 Equipment $ 53,769 Computer Charges $ 106,285 Real Estate Rentals $ 843,733 Telecommunications $ 203,076 Per Diem, Fees and Contracts $ 676,248 Local Welcome Center Contracts $ 126,910 Advertising and Cooperative Advertising $ 4,240,985 Georgia Ports Authority Lease Rentals $ 1,445,000 Historic Chattahoochee Commission Contract $ 0 Georgia Council for International Visitors $ 0 Waterway Development in Georgia $ 24,500 Contract - Georgia Association of Broadcasters $ 0 Southern Center for International Studies $ 0 Lanier Regional Watershed Commission $ 9,800 Capital Outlay $ 0 Total Funds Budgeted $ 17,169,790 State Funds Budgeted $ 15,795,790

Page 41

Department of Industry and Trade Functional Budgets Total Funds State Funds Administration $ 8,370,075 $ 7,550,075 Economic Development $ 4,441,686 $ 4,281,686 Tourism $ 4,358,029 $ 3,964,029 Total $ 17,169,790 $ 15,795,790 Section 26. Department of Insurance. Budget Unit: Department of Insurance $ 14,143,756 Personal Services $ 11,775,443 Regular Operating Expenses $ 706,912 Travel $ 394,214 Motor Vehicle Purchases $ 40,500 Equipment $ 130,880 Computer Charges $ 653,502 Real Estate Rentals $ 611,762 Telecommunications $ 286,025 Per Diem, Fees and Contracts $ 150,000 Health Care Utilization Review $ 0 Total Funds Budgeted $ 14,749,238 State Funds Budgeted $ 14,143,756

Page 42

Department of Insurance Functional Budgets Total Funds State Funds Internal Administration $ 4,495,910 $ 4,495,910 Insurance Regulation $ 5,487,035 $ 5,487,035 Industrial Loans Regulation $ 477,115 $ 477,115 Fire Safety and Mobile Home Regulations $ 4,289,178 $ 3,683,696 Total $ 14,749,238 $ 14,143,756 Section 27. Department of Labor. Budget Unit: Department of Labor $ 6,455,582 Personal Services $ 62,661,235 Regular Operating Expenses $ 5,183,747 Travel $ 1,060,000 Motor Vehicle Purchases $ 0 Equipment $ 470,063 Computer Charges $ 3,812,046 Real Estate Rentals $ 1,379,108 Telecommunications $ 1,263,770 Per Diem, Fees and Contracts (JTPA) $ 67,264,698 Per Diem, Fees and Contracts $ 2,870,657 W.I.N. Grants $ 0 Payments to State Treasury $ 1,774,078 Capital Outlay $ 2,130,000 Total Funds Budgeted $ 149,869,402 State Funds Budgeted $ 6,455,582

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Department of Labor Functional Budgets Total Funds State Funds Executive Offices/Administrative Services $ 22,577,652 $ 3,748,276 Employment and Training Services $ 127,291,750 $ 2,707,306 Total $ 149,869,402 $ 6,455,582 Section 28. Department of Law. Budget Unit: Department of Law $ 8,727,304 Personal Services $ 8,184,253 Regular Operating Expenses $ 335,425 Travel $ 84,057 Motor Vehicle Purchases $ 0 Equipment $ 4,030 Computer Charges $ 149,533 Real Estate Rentals $ 462,926 Telecommunications $ 92,080 Per Diem, Fees and Contracts $ 30,000 Books for State Library $ 110,000 Total Funds Budgeted $ 9,452,304 State Funds Budgeted $ 8,727,304 Section 29. Department of Medical Assistance. A. Budget Unit: Medicaid Services $ 960,317,537 Personal Services $ 12,942,598 Regular Operating Expenses $ 3,273,421 Travel $ 104,200 Motor Vehicle Purchases $ 0 Equipment $ 48,176 Computer Charges $ 16,926,286 Real Estate Rentals $ 935,973 Telecommunications $ 401,058 Per Diem, Fees and Contracts $ 56,408,982 Medicaid Benefits, Penalties and Disallowances $ 2,413,356,054 Payments to Counties for Mental Health $ 43,767,828 Audit Contracts $ 772,500 SFY 1992 Medicaid Benefits, Penalties and Disallowances $ 222,957,982 Total Funds Budgeted $2,771,895,058 State Funds Budgeted $ 960,317,537

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Medical Assistance Functional Budgets Total Funds State Funds Commissioner's Office $ 929,327 $ 460,517 Benefits, Penalties and Disallowances $ 2,680,081,864 $ 944,231,236 Community Services $ 1,067,418 $ 379,647 Systems Management $ 18,713,573 $ 5,277,579 Professional Services $ 2,198,326 $ 909,852 Program Compliance $ 4,570,579 $ 1,730,418 Institutional Policy and Reimbursement $ 6,488,687 $ 3,606,486 Maternal and Child Health $ 482,950 $ 137,939 Operations $ 57,362,334 $ 3,583,863 Total $2,771,895,058 $ 960,317,537 B. Budget Unit: Indigent Trust Fund $ 90,578,050 Per Diem, Fees and Contracts $ 0 Benefits $ 238,866,166 Total Funds Budgeted $ 238,866,166 State Funds Budgeted $ 90,578,050

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Section 30. Merit System of Personnel Administration. Budget Unit: Merit System of Personnel Administration $ 0 Personal Services $ 7,347,732 Regular Operating Expenses $ 1,679,552 Travel $ 81,440 Motor Vehicle Purchases $ 37,805 Equipment $ 912,524 Per Diem, Fees and Contracts $ 92,116,066 Computer Charges $ 3,301,983 Telecommunications $ 283,826 Health Insurance Payments $ 701,835,729 Total Funds Budgeted $ 807,596,657 Other Agency Funds $ 47,000 Agency Assessments $ 9,927,543 Employee and Employer Contributions $ 797,490,170 Deferred Compensation $ 131,944 State Funds $ 0 Merit System Functional Budgets Total Funds State Funds Commissioner's Office $ 1,693,931 $ 0 Applicant Services $ 2,659,945 $ 0 Classification and Compensation $ 1,279,462 $ 0 Flexible Benefits $ 1,240,213 $ 0 Employee Training and Development $ 1,290,188 $ 0 Health Insurance Administration $ 27,234,367 $ 0 Health Insurance Claims $ 769,635,934 $ 0 Internal Administration $ 2,562,617 $ 0 Total $ 807,596,657 $ 0

Page 46

Section 31. Department of Natural Resources. A. Budget Unit: Department of Natural Resources $ 59,258,781 Personal Services $ 59,515,856 Regular Operating Expenses $ 11,499,043 Travel $ 384,234 Motor Vehicle Purchases $ 1,614,659 Equipment $ 2,098,805 Real Estate Rentals $ 4,164,903 Per Diem, Fees and Contracts $ 1,089,506 Computer Charges $ 794,950 Telecommunications $ 996,057 Authority Lease Rentals $ 147,440 Advertising and Promotion $ 150,000 Cost of Material for Resale $ 2,450,000 Capital Outlay: New Construction $ 503,703 Repairs and Maintenance $ 2,228,500 Land Acquisition Support $ 330,000 Wildlife Management Area Land Acquisition $ 585,000 Shop Stock Parks $ 270,000 User Fee Enhancements $ 1,129,000 Buoy Maintenance $ 30,000 Waterfowl Habitat $ 0 Paving at State Parks and Historic Sites $ 400,000 Grants: Land and Water Conservation $ 800,000 Environmental Facilities $ 0 Historic Preservation $ 234,330 Recreation $ 0 Contracts: Georgia Special Olympics $ 49,000 Georgia Sports Hall of Fame $ 0 Technical Assistance Contract $ 106,513 Corps of Engineers (Cold Water Creek State Park) $ 170,047 Georgia Rural Water Association $ 9,800 Georgia State Games Commission $ 88,472 U. S. Geological Survey for Ground Water Resources $ 300,000 U.S. Geological Survey for Topographic Mapping $ 0 Payments to Georgia Agricultural Exposition Authority $ 2,448,394 Georgia Boxing Commission $ 5,000 Total Funds Budgeted $ 94,593,212 Receipts from Jekyll Island State Park Authority $ 314,594 Receipts from Stone Mountain Memorial Association $ 2,122,585 Indirect DOAS Funding $ 200,000 State Funds Budgeted $ 59,258,781

Page 47

Department of Natural Resources Functional Budgets Total Funds State Funds Internal Administration $ 6,611,382 $ 2,225,234 Parks, Recreation and Historic Sites $ 34,677,361 $ 17,833,561 Coastal Resources $ 1,669,991 $ 1,563,491 Game and Fish $ 28,251,643 $ 24,024,491 Environmental Protection $ 23,382,835 $ 13,612,004 Total $ 94,593,212 $ 59,258,781 B. Budget Unit: Georgia Agricultural Exposition Authority $ 0 Personal Services $ 1,595,002 Regular Operating Expenses $ 1,245,998 Travel $ 21,450 Motor Vehicle Purchases $ 0 Equipment $ 85,000 Computer Charges $ 29,000 Real Estate Rentals $ 0 Telecommunications $ 29,000 Per Diem, Fees and Contracts $ 663,000 Capital Outlay $ 0 Total Funds Budgeted $ 3,668,450 State Funds Budgeted $ 0

Page 48

Functional Budget Total Funds State Funds Georgia Agricultural Exposition Authority $ 3,668,450 $ 0 Section 32. Department of Public Safety. A. Budget Unit: Department of Public Safety $ 82,419,028 1. Operations Budget: Personal Services $ 47,389,536 Regular Operating Expenses $ 6,793,660 Travel $ 113,000 Motor Vehicle Purchases $ 2,391,120 Equipment $ 504,520 Computer Charges $ 0 Real Estate Rentals $ 7,735 Telecommunications $ 602,000 Per Diem, Fees and Contracts $ 194,150 State Patrol Posts Repairs and Maintenance $ 150,000 Capital Outlay $ 0 Total Funds Budgeted $ 58,145,721 Indirect DOAS Service Funding $ 150,000 State Funds Budgeted $ 57,995,721 2. Driver Services Budget: Personal Services $ 18,102,456 Regular Operating Expenses $ 1,928,201 Travel $ 22,000 Motor Vehicle Purchases $ 25,000 Equipment $ 155,700 Computer Charges $ 3,507,000 Real Estate Rentals $ 39,600 Telecommunications $ 590,000 Per Diem, Fees and Contracts $ 185,350 Capital Outlay $ 0 Conviction Reports 290,000 State Patrol Posts Repairs and Maintenance $ 30,000 Driver License Processing $ 1,048,000 Total Funds Budgeted $ 25,923,307 Indirect DOAS Service Funding $ 1,500,000 State Funds Budgeted $ 24,423,307

Page 49

Public Safety Functional Budgets Total Funds State Funds Administration $ 11,446,055 $ 11,446,055 Driver Services $ 25,923,307 $ 24,423,307 Field Operations $ 46,699,666 $ 46,549,666 Total $ 84,069,028 $ 82,419,028 B. Budget Unit: Units Attached for Administrative Purposes Only $ 12,768,516 1. Attached Units Budget: Personal Services $ 6,843,024 Regular Operating Expenses $ 2,500,836 Travel $ 91,200 Motor Vehicle Purchases $ 0 Equipment $ 101,720 Computer Charges $ 377,000 Real Estate Rentals $ 100,821 Telecommunications $ 142,000 Per Diem, Fees and Contracts $ 572,840 Peace Officers Training Grants $ 3,016,149 Capital Outlay $ 0 Total Funds Budgeted $ 13,745,590 State Funds Budgeted $ 12,475,528 2. Office of Highway Safety Budget: Personal Services $ 468,615 Regular Operating Expenses $ 43,742 Travel $ 10,828 Motor Vehicle Purchases $ 0 Equipment $ 3,096 Computer Charges $ 37,600 Real Estate Rentals $ 75,078 Telecommunications $ 3,670 Per Diem, Fees and Contracts $ 74,012 Highway Safety Grants $ 3,500,000 Total Funds Budgeted $ 4,216,641 State Funds Budgeted $ 292,988

Page 50

Attached Units Functional Budgets Total Funds State Funds Office of Highway Safety $ 4,216,641 $ 292,988 Georgia Peace Officers Standards and Training $ 4,895,730 $ 4,895,730 Police Academy $ 1,159,276 $ 859,216 Fire Academy $ 1,044,905 $ 964,905 Georgia Firefighters Standards and Training Council $ 397,332 $ 397,332 Georgia Public Safety Training Facility $ 6,248,347 $ 5,358,345 Total $ 17,962,231 $ 12,768,516 Section 33. Public School Employees' Retirement System. Budget Unit: Public School Employees' Retirement System $ 9,622,000 Payments to Employees' Retirement System $472,000 Employer Contributions $ 9,150,000 Total Funds Budgeted $ 9,622,000 State Funds Budgeted $ 9,622,000

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Section 34. Public Service Commission. Budget Unit: Public Service Commission $ 8,240,248 Personal Services $ 6,055,926 Regular Operating Expenses $ 387,583 Travel $ 165,442 Motor Vehicle Purchases $ 133,328 Equipment $ 10,682 Computer Charges $ 400,600 Real Estate Rentals $ 321,189 Telecommunications $ 122,366 Per Diem, Fees and Contracts $ 2,098,115 Total Funds Budgeted $ 9,695,231 State Funds Budgeted $ 8,240,248 Public Service Commission Functional Budgets Total Funds State Funds Administration $ 1,520,898 $ 1,520,898 Transportation $ 3,091,378 $ 1,750,117 Utilities $ 5,082,955 $ 4,969,233 Total $ 9,695,231 $ 8,240,248 Section 35. Board of Regents, University System of Georgia. A. Budget Unit: Resident Instruction $ 800,775,892 Personal Services: Educ., Gen., and Dept. Svcs $ 912,491,091 Sponsored Operations $ 127,868,149 Operating Expenses: Educ., Gen., and Dept. Svcs $ 211,894,841 Sponsored Operations $ 130,027,723 Special Funding Initiative $ 5,656,519 Office of Minority Business Enterprise $ 300,346 Special Desegregation Programs $ 327,618 Forestry Research $ 281,769 Research Consortium $ 1,550,000 Capital Outlay $ 19,930,103 Total Funds Budgeted $1,410,328,159 Departmental Income $ 35,145,666 Sponsored Income $ 258,453,106 Other Funds $ 312,926,195 Indirect DOAS Services Funding $ 3,027,300 State Funds Budgeted $ 800,775,892 B. Budget Unit: Regents Central Office and Other Organized Activities $ 137,005,657 Personal Services: Educ., Gen., and Dept. Svcs $ 229,830,296 Sponsored Operations $ 71,769,222 Operating Expenses: Educ., Gen., and Dept. Svcs $ 126,848,743 Sponsored Operations $ 38,685,565 Fire Ant and Environmental Toxicology Research $ 0 Agricultural Research $ 1,851,062 Advanced Technology Development Center $ 1,537,913 Capitation Contracts for Family Practice Residency $ 2,582,707 Residency Capitation Grants $ 2,390,499 Student Preceptorships $ 146,403 Mercer Medical School Grant $ 5,194,000 Morehouse School of Medicine Grant $ 1,212,000 Capital Outlay ETMH $ 17,400,000 Center for Rehabilitation Technology $ 1,686,906 SREB Payments $ 7,380,925 Medical Scholarships $ 1,101,055 Regents Opportunity Grants $ 552,720 Regents Scholarships $ 184,240 Rental Payments to Georgia Military College $ 808,908 CRT Inc. Contract at Georgia Tech Research Institute $ 206,780 Direct Payments to the Georgia Public Telecommunications Commission for Operations $ 6,203,236 Total Funds Budgeted $ 517,573,180 Departmental Income $ 0 Sponsored Income $ 112,271,263 Other Funds $ 267,740,560 Indirect DOAS Services Funding $ 555,700 State Funds Budgeted $ 137,005,657

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Regents Central Office and Other Organized Activities Functional Budgets Total Funds State Funds Marine Resources Extension Center $ 1,706,531 $ 1,169,743 Skidaway Institute of Oceanography $ 3,568,530 $ 1,355,342 Marine Institute $ 1,303,980 $ 853,257 Georgia Tech Research Institute $ 127,675,519 $ 11,709,917 Education Extension Services $ 7,302,905 $ 2,009,167 Agricultural Experiment Station $ 47,848,067 $ 30,987,555 Cooperative Extension Service $ 41,644,325 $ 24,988,513 Eugene Talmadge Memorial Hospital $ 242,606,023 $ 27,679,204 Veterinary Medicine Experiment Station $ 2,419,303 $ 2,419,303 Veterinary Medicine Teaching Hospital $ 2,486,322 $ 449,604 Joint Board of Family Practice $ 12,284,440 $ 12,284,440 Georgia Radiation Therapy Center $ 2,295,254 $ 0 Athens and Tifton Veterinary Laboratories $ 3,276,299 $ 45,745 Regents Central Office $ 21,155,682 $ 21,053,867 Total $ 517,573,180 $ 137,005,657

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C. Budget Unit: Georgia Public Telecommunications Commission $ 0 Personal Services $ 6,733,297 Operating Expenses $ 7,745,891 Total Funds Budgeted $ 14,479,188 Other Funds $ 14,479,188 State Funds Budgeted $ 0 Section 36. Department of Revenue. Budget Unit: Department of Revenue $ 79,711,570 Personal Services $ 50,496,965 Regular Operating Expenses $ 4,329,794 Travel $ 1,365,575 Motor Vehicle Purchases $ 62,745 Equipment $ 551,124 Computer Charges $ 12,205,702 Real Estate Rentals $ 2,646,528 Telecommunications $ 883,411 Per Diem, Fees and Contracts $ 1,591,243 County Tax Officials/Retirement and FICA $ 4,550,926 Grants to Counties/Appraisal Staff $ 0 Motor Vehicle Tags and Decals $ 2,439,610 Hostage $ 3,258,844 Total Funds Budgeted $ 84,382,467 Indirect DOAS Services Funding $ 3,845,000 State Funds Budgeted $ 79,711,570 Department of Revenue Functional Budgets Total Funds State Funds Departmental Administration $ 8,829,065 $ 8,829,065 Internal Administration $ 10,396,987 $ 10,196,987 Electronic Data Processing $ 9,471,504 $ 8,656,304 Field Services $ 17,483,129 $ 17,183,129 Income Tax Unit $ 7,786,460 $ 7,086,460 Motor Vehicle Unit $ 15,317,389 $ 14,017,389 Central Audit Unit $ 6,899,238 $ 6,899,238 Property Tax Unit $ 3,935,931 $ 2,910,034 Sales Tax Unit $ 4,215,912 $ 3,886,112 State Board of Equalization $ 46,852 $ 46,852 Total $ 84,382,467 $ 79,711,570

Page 55

Section 37. Secretary of State. Budget Unit: Secretary of State $ 22,163,259 Personal Services $ 14,918,849 Regular Operating Expenses $ 2,200,541 Travel $ 176,350 Motor Vehicle Purchases $ 208,000 Equipment $ 170,887 Computer Charges $ 970,815 Real Estate Rentals $ 2,282,570 Telecommunications $ 304,610 Per Diem, Fees and Contracts $ 780,637 Election Expenses $ 650,000 Total Funds Budgeted $ 22,663,259 State Funds Budgeted $ 22,163,259 Secretary of State Functional Budgets Total Funds State Funds Internal Administration $ 3,153,195 $ 3,013,195 Archives and Records $ 4,368,619 $ 4,293,619 Business Service and Regulation $ 4,235,404 $ 4,140,404 Election and Campaign Disclosure $ 1,536,087 $ 1,500,087 Drugs and Narcotics $ 968,286 $ 914,286 State Ethics Commission $ 269,339 $ 269,339 State Examining Boards $ 8,132,329 $ 8,032,329 Total $ 22,663,259 $ 22,163,259

Page 56

B. Budget Unit: Real Estate Commission $ 1,754,416 Personal Services $ 1,027,392 Regular Operating Expenses $ 153,500 Travel $ 15,000 Motor Vehicle Purchases $ 11,000 Equipment $ 12,000 Computer Charges $ 263,074 Real Estate Rentals $ 113,700 Telecommunications $ 24,000 Per Diem, Fees and Contracts $ 134,750 Total Funds Budgeted $ 1,754,416 State Funds Budgeted $ 1,754,416 Real Estate Commission Functional Budget State Funds Cost of Operations Real Estate Commission $ 1,754,416 $ 1,794,416 Section 38. Soil and Water Conservation Commission. Budget Unit: Soil and Water Conservation Commission $ 1,643,494 Personal Services $ 885,630 Regular Operating Expenses $ 108,635 Travel $ 54,050 Motor Vehicle Purchases $ 0 Equipment $ 12,375 Computer Charges $ 7,250 Real Estate Rentals $ 53,377 Telecommunications $ 15,920 Per Diem, Fees and Contracts $ 705,914 County Conservation Grants $ 416,768 Total Funds Budgeted $ 2,259,919 State Funds Budgeted $ 1,643,494

Page 57

Section 39. Student Finance Commission. Budget Unit: Student Finance Commission $ 24,876,997 Personal Services $ 4,592,951 Regular Operating Expenses $ 397,661 Travel $ 81,800 Motor Vehicle Purchases $ 0 Equipment $ 18,500 Computer Charges $ 366,027 Real Estate Rentals $ 145,000 Telecommunications $ 38,000 Per Diem, Fees and Contracts $ 24,763 Payment of Interest and Fees $ 0 Guaranteed Educational Loans $ 4,076,000 Tuition Equalization Grants $ 16,774,274 Student Incentive Grants $ 4,803,940 Law Enforcement Personnel Dependents' Grants $ 38,000 North Georgia College ROTC Grants $ 85,000 Osteopathic Medical Loans $ 160,000 Georgia Military Scholarship Grants $ 501,740 Paul Douglas Teacher Scholarship Loans $ 425,000 Total Funds Budgeted $ 32,528,656 State Funds Budgeted $ 24,876,997 Georgia Student Finance Commission Functional Budgets Total Funds State Funds Internal Administration $ 5,178,917 $ 0 Higher Education Assistance Corporation $ 0 $ 0 Georgia Student Finance Authority $ 26,863,954 $ 24,391,212 Georgia Nonpublic Postsecondary Education Commission $ 485,785 $ 485,785 Total $ 32,528,656 $ 24,876,997

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Section 40. Teachers' Retirement System. Budget Unit: Teachers' Retirement System $ 3,800,000 Personal Services $ 3,404,588 Regular Operating Expenses $ 320,500 Travel $ 26,650 Motor Vehicle Purchases $ 3,200 Equipment $ 944,361 Computer Charges $ 315,500 Real Estate Rentals $ 63,014 Telecommunications $ 320,000 Per Diem, Fees and Contracts $ Retirement System Members $ 3,200,000 Floor Fund for Local Retirement Systems $ 600,000 Total Funds Budgeted $ 9,197,813 State Funds Budgeted $ 3,800,000 Section 41. Department of Technical and Adult Education. Budget Unit: Department of Technical and Adult Education $ 121,216,988 Personal Services $ 3,586,821 Regular Operating Expenses $ 357,303 Travel $ 108,250 Motor Vehicle Purchases $ 0 Equipment $ 17,000 Computer Charges $ 391,822 Real Estate Rentals $ 454,619 Telecommunications $ 141,000 Per Diem, Fees and Contracts $ 713,500 Personal Services-Institutions $ 85,856,410 Operating Expenses-Institutions $ 18,459,911 Capital Outlay $ 0 Quick Start Program $ 5,815,340 Area School Program $ 23,268,933 Regents Program $ 2,584,343 Adult Literacy Grants $ 10,506,158 Total Funds Budgeted $ 152,261,410 State Funds Budgeted $ 121,216,988

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Functional Budgets Total Funds State Funds Administration $ 5,770,315 $ 3,962,520 Institutional Programs $ 146,491,095 $ 117,254,468 Total $ 152,261,410 $ 121,216,988 Section 42. Department of Transportation. Budget Unit: Department of Transportation $ 420,204,091 For public roads and bridges and for other transportation activities. Personal Services $ 223,456,977 Regular Operating Expenses $ 58,998,174 Travel $ 1,555,799 Motor Vehicle Purchases $ 820,368 Equipment $ 5,187,002 Computer Charges $ 5,088,058 Real Estate Rentals $ 1,307,274 Telecommunications $ 2,406,075 Per Diem, Fees and Contracts $ 11,910,705 Capital Outlay $ 751,374,730 Capital Outlay - Airport Approach Aid and Operational Improvements $ 975,335 Capital Outlay - Airport Development $ 850,000 Mass Transit Grants $ 9,342,544 Harbor Maintenance/Intra-Coastal Waterways Maintenance and Operations $ 680,000 Spoilage Area Acquisition, Clearing, Preparation and Dike Reconstruction $ 3,000,000 Total Funds Budgeted $ 1,076,953,041 State Funds Budgeted $ 420,204,091

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Department of Transportation Functional Budgets Motor Fuel Tax Budget Total Funds State Funds Planning and Construction $ 790,093,128 $ 166,253,128 Maintenance and Betterments $ 228,575,142 $ 217,175,142 Facilities and Equipment $ 8,689,580 $ 8,039,580 Administration $ 22,499,387 $ 21,919,387 Total $1,049,857,237 $ 413,387,237 General Funds Budget Total Funds State Funds Paving at State and Local Schools and State Institutions $ 0 $ 0 Air Transportation $ 1,517,581 $ 1,157,581 Inter-Modal Transfer Facilities $ 21,898,223 $ 4,979,273 Harbor/Intra-Coastal Waterways Activities $ 3,680,000 $ 680,000 Planning and Construction $ 0 $ 0 Total $ 27,095,804 $ 6,816,854

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Section 43. Department of Veterans Service. Budget Unit: Department of Veterans Service $ 20,845,883 Personal Services $ 4,343,151 Regular Operating Expenses $ 109,725 Travel $ 71,200 Motor Vehicle Purchases $ 0 Equipment $ 83,100 Computer Charges $ 8,800 Real Estate Rentals $ 233,487 Telecommunications $ 55,500 Per Diem, Fees and Contracts $ 23,000 Operating Expense/Payments to Central State Hospital $ 15,255,296 Operating Expense/Payments to Medical College of Georgia $ 6,033,934 Regular Operating Expenses for Projects and Insurance $ 80,321 Total Funds Budgeted $ 26,297,514 State Funds Budgeted $ 20,845,883 Veterans Service Functional Budgets Total Funds State Funds Veterans Assistance $ 4,856,463 $ 4,652,480 Veterans Home and Nursing Facility - Milledgeville $ 15,326,196 $ 11,805,918 Veterans Nursing Home - Augusta $ 6,114,855 $ 4,387,485 Total $ 26,297,514 $ 20,845,883 Section 44. Workers' Compensation Board. Budget Unit: Workers' Compensation Board $ 9,343,742 Personal Services $ 6,763,040 Regular Operating Expenses $ 308,220 Travel $ 64,750 Motor Vehicle Purchases $ 0 Equipment $ 13,958 Computer Charges $ 190,110 Real Estate Rentals $ 932,964 Telecommunications $ 105,000 Per Diem, Fees and Contracts $ 239,200 Payments to State Treasury $ 1,000,000 Total Funds Budgeted $ 9,617,242 State Funds Budgeted $ 9,343,742

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Section 45. State of Georgia General Obligation Debt Sinking Fund. A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund State General Funds (Issued) $ 318,716,359 Motor Fuel Tax Funds (Issued) $ 68,310,000 387,026,359 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 prorata 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

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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 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.

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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, Department of Administrative Services. 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, Department of Agriculture. Provided that of the appropriation to the Department of Agriculture, $85,000 is designated and committed for youth programs and activities. Section 54. Provisions Relative to Section 15, Department of Children and Youth Services. Section 55. Provisions Relative to Section 16, Department of Community Affairs. Provided, that the funds appropriated herein to the Georgia Environmental Facilities Authority for loans shall be available for nominal or no interest loans to counties, municipalities, local water or sewer authorities, boards or political subdivisions created by the General Assembly or pursuant to the Constitution and laws of the state for emergency-type water and sewer projects.

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Section 56. Provisions Relative to Section 17, Department 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. 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. Provided, that the Department shall require the same qualifications for contract chaplains as that for classified merit system positions with the same job duties. It is the intent of this General Assembly that the Department is authorized to use agency funds for the purpose of planning a medical unit, a geriatrics unit, and a 500 bed county workcamp. Section 57. Provisions Relative to Section 19, State Board of Education-Department of Education. The formula calculation for Quality Basic Education funding assumes a base unit cost of $1,653.98. 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 19, 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 1993. From the Appropriations in Section 19, 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

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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 1993 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 1993 that it contributed during SFY 1992. It is intended that the electronic student information system is a component of the statewide comprehensive electronic information network required by Section 20-2-320 of the Quality Basic Education Act and funds appropriated for the student information system and the electronic information network are considered to be for the same purpose. Local county school systems that have complied with the advance incentive funding program shall have priority in future appropriations by the General Assembly for school building construction in the advance incentive funding program.

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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 high schools. It is the intent of this General Assembly that the Department of Education accumulate empirically-based data to support educational research and program evaluation. It is the intent of this General Assembly that the department continue the Student Profiles activity with existing funds. Provided, however, that it is the intent of the General Assembly that every classroom teacher in grades K-5 shall have a duty-free lunch period. Schools not providing a duty-free lunch period shall provide a plan for implementing a duty-free lunch period including a date for implementation. Such plan shall be submitted to the Department of Education prior to October 1 and shall include an implementation date no later than February 1. Provided, that the Governor's Scholarship Program shall include the following graduates from accredited high schools in Georgia with minimum full-time equivalent (FTE) counts in grades 9 through 12 as noted: high schools with 150 or more FTE count, the valedictorian, salutatorian and Star Student; high schools with 100 to 149 FTE count, the valedictorian and Star Student; high schools with 50 to 99 FTE count, the Valedictorian. Provided, that of the funds appropriated for staff and professional development, $200,000 is designated and committed to

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train elementary and middle school teachers in methods of teaching science and technology. It is the intent of the General Assembly that the mid-term adjustment to the Quality Basic Education formula grants and calculations for the ensuing fiscal year Quality Basic Education formula grants be based on the corrected full-time equivalent student count as received by the Department of Education from each local school system as of the last working day prior to Thanksgiving Day of the applicable fiscal year pursuant to Code Sections 20-2-160 and 20-2-162(a). The corrected full-time equivalent count shall be transmitted to the Office of Planning and Budget by the Department of Education by the close of business on the same day. Section 58. Provisions Relative to Section 20, Employees' Retirement System. There is included in this appropriations bill funding for HB 37, HB 38, HB 39, HB 41, HB 353, HB 588, HB 203, HB 309, and HB 310. Section 59. Provisions Relative to Section 21, Forestry Commission. It is the intent of the General Assembly that the Walker Nursery remain open. It is the intent of the General Assembly that the Forestry Commission continue compiling, publishing and distribution of the Georgia Forestry Magazine and Wood-Using Industries in Georgia publications. Section 60. Provisions Relative to Section 23, Office of the Governor. The Governor's Office of Planning and Budget shall give prior approval for all publications, other than Departmental internal forms.

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Section 61. Provisions Relative to Section 24, Department of Human Resources. The Department of Human Resources is authorized to calculate all Aid to Families with Dependent Children benefit payments utilizing a factor of 66.0% of the standards of need; such AFDC payments shall be made from the date of certification and not from the date of application; and the following maximum benefits and maximum standards of need shall apply: Number in Asst. Group Standards of Need Maximum Monthly Amount 1 $ 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 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. 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 1993 by amendment to the Department's annual operating budget as approved by the Office of Planning and Budget:

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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, it is the intent of this General Assembly that the Department of Human Resources is authorized to allow eligible 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. It is the intent of this General Assembly that no funds directed to the Department of Veterans Services for payments to Central State Hospital shall be redirected or used by the Department of Human Resources for any function other than the Veterans Nursing Home at Central State Hospital. Provided, the department is authorized to transfer Personal Services surpluses, not to exceed $275,000 at each of the MH/MR/SA institutions to insure sufficient funding for agency contracted nursing services. Such transfers shall not require prior budgetary approval. In addition to the above appropriation for the Department of Human Resources, the Department is authorized to utilize additional federal VR110 funds for capital outlay projects at

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Roosevelt Warm Springs Institute for Rehabilitation for use by handicapped citizens. Necessary matching funds will be provided within existing budget and with donated funds. It is the intent of this General Assembly that the Department of Human Resources utilize existing funds to expand the PEACH Program to Crawford County. It is the intent of this General Assembly that the Department of Human Resources use existing funds to purchase meningitis vaccines. Section 62. Provisions Relative to Section 28, Law Department. Provided, the department is authorized to use other funds for upgrading computer systems. Section 63. Provisions Relative to Section 29, Department 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 directed to use existing funds to cover the services of certified registered nurse anesthetists. The Department is authorized to use existing funds for coverage of Occupational Therapy Service in Home Health Services.

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Section 64. Provisions Relative to Section 30, Merit System of Personnel Administration. The Department is authorized to assess no more than $165.00 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 the state employees health benefit plan for the months of July through December of SFY 1993 shall not exceed 14.3%. For the remaining months of SFY 1993 the rate shall not exceed 10.7%. It is the intent of this General Assembly that the employer contribution rate for the teachers health benefit plan for the months of July through December of SFY 1993 shall not exceed 11.38%. For the remaining months of SFY 1993 the rate shall not exceed 8.66%. It is the intent of this General Assembly that the pay for performance study to be conducted by the Merit System of Personnel Administration include within its scope the development of a career ladder for service delivery employees. Section 65. Provisions Relative to Section 31, 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. Provided that of the funds appropriated herein for Historic Preservation Grants, distribution thereof shall be pro rata among those Regional Development Centers which employ Preservation Planners as of July, 1991. 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

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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 66. Provisions Relative to Section 32, Department of Pubnic Safety. It is the intent of this General Assembly that the issuance of unmarked cars shall be made in accordance with the Rules and Regulations issued by the Commissioner of Public Safety. It is the intent of this General Assembly that from the funding appropriated for the expansion of Driver Services, no funds may be expended for the purchase of license-issuance buses or the training of license examiners after initial training. Section 67. Provisions Relative to Section 35, 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. Provided, that of the above amount, $1,500,000 is appropriated for eminent scholar chairs and shall be placed in the Georgia Eminent Scholars Endowment Trust Fund.

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Section 68. Provisions Relative to Section 37, Secretary of State. Provided, that of the funds appropriated for Occupational Certification, $75,000 is authorized for board member participation at conferences related to professional regulation. Provided, that the funds appropriated herein for the State Ethics Commission, no more than $5,000 may be used to increase the compensation for an existing position as of March 1, 1992, and all other funds shall be used for the purposes of employing additional staff and/or operational funds for the State Ethics Commission. Section 69. Provisions Relative to Section 41, Department of Technical and Adult Education. None of the State funds appropriated in Section 41 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 herein, $25,000.00 is designated and committed solely for Board Member Training. Section 70. Provisions Relative to Section 42, 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.

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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 42 of this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation. e.) Functions financed with General Fund appropriations shall be accounted for separately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution. f.) Bus rental income may be retained to operate, maintain and upgrade department-owned buses, and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment. g.) State funds for any airport development project shall not exceed local funds for such project, except for airports owned by the State of Georgia. 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/selling department-owned aircraft facilities may be retained for use in the department's aviation program.

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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 $481,697,237 of motor fuel tax appropriated in this act, $5,000,000 is designated for the design of the bridge that will replace the existing Sidney Lanier Bridge in Brunswick. It is the further intent of this General Assembly that of the $481,697,237 of motor fuel tax appropriated in this act, $38,641,836 is designated and committed for the Local Assistance Road Program. It is the express intent of this General Assembly, by this Act, that the use of motor fuel funds for the purpose of providing annual debt service on existing or new general obligation debt, for road purposes, issued by the State of Georgia, is for the sole and specific purpose of addressing the State's special need appropriation. The Department is authorized to use federal funds to match bond proceeds to acquire, appraise, rehabilitate and evaluate additional railroad lines. Section 71. In addition to all other appropriations for the State fiscal year ending June 30, 1993, 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; and there is hereby appropriated $300,000 for the purpose of providing funds for the Weights and Measures Warehouse, Animal Protection and Feed Division; there is hereby appropriated

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$8,320,000 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 ($8,200,000 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 departmental remittances to the Fiscal Division of the Department of Administrative Services from agency fund collections. Section 72. 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 73. 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

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of special interest in future audits to insure strict compliance with the intent of this General Assembly. Section 74. 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

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copies of required filings with the chairmen of the House and Senate Appropriations Committees. Section 75. 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 76. 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 77. No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds. Section 78. In accordance with the requirements of Article IX, Section VI, Paragraph Ia of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under 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 79. (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 1993 Regular Session, except as 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 80. 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 81. 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 82. The constitutionally elected official, appointed departmental commissioner, or otherwise designated chief officer of each budget unit in the Appropriations Act shall develop a system for reporting to the House of Representatives Budget Subcommittee and the Senate Continuation Subcommittee recommendations on all programs subject to continuing appropriations where the department feels an appropriate review may cause savings or efficiencies or repeal of said program from future continuing appropriations. The House of Representatives Budget Subcommittee and Senate Continuation Subcommittee shall report to the

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membership of the General Assembly, within one week of the convening of each annual meeting of the General Assembly, a list of all programs brought to the House of Representatives Budget Subcommittee and Senate Continuation Subcommittee as well as actions recommended, if any, by the House of Representatives Budget Subcommittee and Senate Continuation Subcommittee of the General Assembly. It is the expressed intent of the General Assembly to seek, in a positive environment, recommendations from those charged with managing the appropriations of state funds, ways to economize and make the operations of the government more efficient. It is further the intention of the General Assembly to seek constructive advice on those programs which no longer merit continuing appropriation, or those programs which, through merger with other operations, may result in a positive reduction in the expenditures of state government. Section 83. It is the intent of this General Assembly that the Georgia State Financing and Investment Commission utilize the funds appropriated to it in this appropriations bill, together with surplus and reserve funds available from the Georgia Building Authority (Hospital) to defease all undefeased outstanding bonds of the Georgia Building Authority (Hospital). Section 84. TOTAL STATE FUND APPROPRIATIONS State Fiscal Year 1993 $ 8,252,216,454 (Including $90,578,050 in Indigent Trust Fund) Section 85. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 86. All laws and parts of laws in conflict with this Act are repealed.

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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 1, 1993. ALCOHOLIC BEVERAGES REFUNDS OR CREDITS FOR TAXES PAID; WINE DELIVERIES IN CERTAIN VEHICLES. Code Sections 3-2-13 and 3-6-26 Amended. No. 75 (House Bill No. 551). AN ACT To amend Code Section 3-2-13 of the Official Code of Georgia Annotated, relating to the issuance of refunds or credits for taxes paid or stamps purchased, so as to clarify certain provisions pertaining to refunds or credits for taxes paid on alcoholic beverages and for stamps purchased in payment of taxes on alcoholic beverages; to provide an effective date; to provide for applicability; to amend Code Section 3-6-26 of the Official Code of Georgia Annotated, relating to the delivery, transportation, receipt, and storage of wine sold by wholesale dealers to retail dealers, so as to authorize wine deliveries in vehicles owned or leased by a wholesale dealer's employees; 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 3-2-13 of the Official Code of Georgia Annotated, relating to the issuance of refunds or credits for taxes paid or stamps purchased, is amended by striking in its entirety said Code section and inserting in lieu thereof a new Code Section 3-2-13 to read as follows: 3-2-13. (a) The commissioner may issue credits for taxes paid by or due from a wholesaler or, in the case of taxes on distilled spirits, may issue credits for stamps purchased by a manufacturer, distiller, or wholesaler when it is shown to the commissioner's satisfaction that any of the following events have occurred: (1) Alcoholic beverages have been received by the wholesaler through an error in shipment and the alcoholic beverages are returned to the shipper prior to any sale by the wholesaler in this state; (2) Alcoholic beverages ordered by the wholesaler have been destroyed in transit prior to entry into the wholesaler's warehouse or storage area; (3) Alcoholic beverages which are unfit for consumption upon receipt have been received by the wholesaler and the alcoholic beverages are returned to the shipper or destroyed prior to any sale by the wholesaler in this state; (4) Alcoholic beverages have been destroyed while in the possession of a wholesaler within the state by an act of God, such as fire, flood, lightning, wind, or other natural calamity; (5) Wines have been sold by the wholesaler for delivery and consumption outside the state, provided the sale and delivery shall in all respects comply with the requirements of Code Section 3-6-26.1; or (6) Taxes were paid or stamps were purchased under a statute expressly held to be unconstitutional by a court of last resort and the payments were made under protest and the ground of the protest was the same as the

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basis for the ruling of unconstitutionality by the court of last resort. (b) No person shall receive a credit for taxes paid or stamps purchased in any case where an amount equal to the amount of taxes paid or to the cost of the stamps purchased has been charged to or paid by any purchaser of the person seeking a refund or credit. When an applicant is issued a credit for taxes paid or stamps purchased, in every case where an amount equal to the amount of taxes paid or cost of the stamps purchased has been charged to or paid by any purchaser of the applicant, the applicant shall refund or credit to the purchaser or customer an amount equal to the credit allowed by the commissioner. (c) In the event that the commissioner issues a credit under this Code section to a person who has or will have insufficient tax liabilities to the State of Georgia against which to offset the credit, the commissioner shall issue a refund to such person for the unusable portion of the credit. Section 2. Code Section 3-6-26 of the Official Code of Georgia Annotated, relating to the delivery, transportation, receipt, and storage of wine sold by wholesale dealers to retail dealers, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 3-6-26 to read as follows: 3-6-26. All wines sold by a wholesale dealer to a retail dealer shall be delivered only to the premises of a licensed retail dealer and transported only by a conveyance owned, or leased, and operated by a wholesale dealer, or owned, or leased, and operated by a wholesale dealer's employee, who is designated to deal in the brands of wines sold and is licensed to make sales and deliveries within the municipality or county in which the sale or delivery is made. The wine so sold shall not be delivered to, received, or stored at any place other than premises for which state and local retail licenses have been issued. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such

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approval and Section 1 of this Act shall apply to all applications for credit or refund of alcoholic beverages taxes filed with the commissioner on or after April 13, 1992. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved March 19, 1993. RETIREMENT CODE REVISION. Code Title 47 Amended. No. 83 (House Bill No. 144). 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 manner, or and inserting in lieu thereof manner or in subsection (d) and by striking forms and inserting in lieu thereof form in paragraph (1) of subsection (g) of Code Section 47-2-2, relating to involuntary separation

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from employment as applicable to involuntary separation benefits under the Employees' Retirement System of Georgia. (2) By striking paragraph (1) and subparagraph (a) of said paragraph (1) of subsection (b) and inserting in lieu thereof paragraph (1) of subsection (b) and subparagraph (b)(1)(A) in the introductory language of subsection (i) of Code Section 47-2-91, relating to retirement credit under the Employees' Retirement System of Georgia for accumulation of forfeited annual and sick leave for certain employees. (3) By striking system; and and inserting in lieu thereof system and and by striking tax collector, or and inserting in lieu thereof tax collector or in subsection (b) of Code Section 47-2-97, relating to the applicability of certain creditable service toward involuntary separation benefits under the Employees' Retirement System of Georgia. (4) By striking chapter there and inserting in lieu thereof chapter, there and by striking benefit fund' and inserting in lieu thereof benefit fund,' in the introductory language of subsection (c) and by adding and at the end of paragraph (2) of subsection (d) of Code Section 47-2-128, relating to eligibility for survivors benefits coverage under the Employees' Retirement System of Georgia and related matters. (5) By striking annuity or and inserting in lieu thereof annuity, or in the introductory language of subsection (a) of Code Section 47-2-332, relating to the exemption of certain rights and benefits under the Employees' Retirement System of Georgia from certain taxes and forms of legal attachment. (6) By striking service, and inserting in lieu thereof service both times it appears in paragraph (5) of subsection (e) and by striking Section and inserting in lieu thereof Sections and by striking is made and inserting in lieu thereof are made in paragraph (2) of subsection (f) of Code Section 47-2-334, relating to service plan retirement and other matters applicable to persons who become members of the Employees' Retirement System of Georgia on or after July 1, 1982.

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(7) By adding and at the end of subparagraph (P) of paragraph (28) of Code Section 47-3-1, relating to definitions relative to the Teachers Retirement System of Georgia. (8) By striking the period at the end of paragraph (4) and inserting in lieu thereof ; and in Code Section 47-3-43, relating to the pension accumulation fund of the Teachers Retirement System of Georgia. (9) By adding and at the end of paragraph (1) of subsection (a) of Code Section 47-3-65, relating to membership, rights, and benefits under the Teachers Retirement System of Georgia for persons in service to certain employers. (10) By striking hereinafter provided and inserting in lieu thereof provided in this subsection and by striking herein and inserting in lieu thereof by this subsection in subsection (e) of Code Section 47-3-66, relating to membership of teachers employed by independent school systems in the Teachers Retirement System of Georgia. (11) By adding a comma between service and whichever in subsection (b) of Code Section 47-3-120, relating to an allowance on service retirements under the Teachers Retirement System of Georgia and related matters. (12) By striking one half and inserting in lieu thereof one-half in subsection (d) of Code Section 47-3-121, relating to optional retirement allowances under the Teachers Retirement System of Georgia. (13) By striking at date and inserting in lieu thereof at the date in subsection (d) of Code Section 47-3-122, relating to eligibility and application for disability benefits under the Teachers Retirement System of Georgia. (14) By striking fund and upon withdrawing such contributions, and inserting in lieu thereof fund, and upon withdrawing such contributions in subsections (d) and (e) and by striking such personnel shall cease to be members and inserting in lieu thereof such person shall cease to be a member in the fifth sentence of subsection (e) of Code Section 47-4-40,

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relating to eligibility for membership in the Public School Employees Retirement System. (15) By striking such persons shall and inserting in lieu thereof such person shall in subsection (b) of Code Section 47-4-80, relating to determination of membership service credit under the Public School Employees Retirement System. (16) By deleting the comma following 47-4-102 in subsection (c) of Code Section 47-4-104, relating to certain death benefits under the Public School Employees Retirement System. (17) By striking has or may be and inserting in lieu thereof has been or may be in paragraph (4) of Code Section 47-6-70.1, relating to prior service credit in the Georgia Legislative Retirement System for military service. (18) By redesignating divisions (i) through (iii) as subparagraphs (A) through (C) of paragraph (3) of subsection (d) of Code Section 47-7-100, relating to eligibility for full pension benefits under the Georgia Firemen's Pension Fund and related matters. (19) By striking the comma and inserting in lieu thereof a colon at the end of the introductory language in Code Section 47-7-104, relating to benefits payable to volunteer firemen erroneously found to be eligible for some benefits under the Georgia Firemen's Pension Fund. (20) By striking board whether and inserting in lieu thereof board, whether in Code Section 47-7-123, relating to the exemption from taxation of the assets of the Board of Trustees of the Georgia Firemen's Pension Fund. (21) By striking World War II and inserting in lieu thereof World War II, in subsection (a) of Code Section 47-8-41, relating to eligibility for appointment as a senior judge or retirement under the Superior Court Judges Retirement Fund. (22) By deleting and at the end of paragraph (1) of subsection (a); by striking two-thirds and inserting in lieu thereof two-thirds' , by striking are authorized and inserting

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in lieu thereof is authorized, and by adding and at the end of paragraph (2) of subsection (a); and by adding a comma between chapter and approved and by striking attorney, judge and inserting in lieu thereof attorney, or judge in paragraph (3) of subsection (a) of Code Section 47-8-43, relating to payments into the Superior Court Judges Retirement Fund. (23) By striking of this subsection and inserting in lieu thereof of this Code section in paragraph (1) of subsection (e) of Code Section 47-9-41.1, relating to creditable service under the Superior Court Judges Retirement System for service as a state court judge or solicitor. (24) By striking herein and inserting in lieu thereof under this Code section in subsection (c) and by deleting of this chapter in subsections (c) and (d) of Code Section 47-11-71.1, relating to the amount of retirement benefits and optional retirement benefits under the Judges of the Probate Courts Retirement Fund of Georgia. (25) By striking (c), (d), and (e) and inserting in lieu thereof (c) and (d) and this subsection in subsection (e) of Code Section 47-12-43, relating to the manner of deduction of payments to the District Attorneys Retirement Fund of Georgia and related matters. (26) By striking Korean conflict, and inserting in lieu thereof Korean Conflict, in Code Section 47-12-64, relating to credit under the District Attorneys Retirement Fund of Georgia for certain military service. (27) By striking duty of board and inserting in lieu thereof duty of the board in subsection (h) of Code Section 47-13-72, relating to spouses' benefits and related matters under the District Attorneys' Retirement System. (28) By striking in line of and inserting in lieu thereof in the line of in Code Section 47-17-42, relating to membership in the Peace Officers' Annuity and Benefit Fund and related matters.

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(29) By striking paragraphs (1) or (2) or (1) and (2) and inserting in lieu thereof paragraph (1) or (2) or paragraphs (1) and (2) in paragraph (3) of subsection (a) and by striking said subsection (a), and inserting in lieu thereof subsection (a) of this Code section, in subsection (b) of Code Section 47-20-10, relating to the minimum annual employer contribution required by the Public Retirement Systems Standards Act. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved March 22, 1993. OFFICIAL CODE OF GEORGIA ANNOTATED CORRECTIONS AND REENACTMENT. No. 84 (House Bill No. 145). AN ACT To amend the Official Code of Georgia Annotated, so as to correct typographical, stylistic, capitalization, punctuation, and other errors and omissions in the Official Code of Georgia Annotated and in Acts of the General Assembly amending the Official Code of Georgia Annotated; to reenact the statutory portion of the Official Code of Georgia Annotated, as amended; to provide for necessary or appropriate revisions and modernizations of matters contained in the Official Code of Georgia Annotated; to provide for and to correct citations in the Official Code of Georgia Annotated and other codes and laws of the state; to 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.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Reserved. Section 2. Reserved. Section 3. Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, is amended as follows: (1) By striking paragraph (5) of subsection (a) and inserting in lieu thereof paragraph (5) of subsection (b) in Code Section 3-6-23, relating to persons to whom wine may be sold by wholesale dealers. Section 4. Title 4 of the Official Code of Georgia Annotated, relating to animals, is amended as follows: (1) By adding shall be known and following article in Code Section 4-11-1, relating to the Georgia Animal Protection Act. Section 5. Reserved. Section 6. Reserved. Section 7. Reserved. Section 8. Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, is amended as follows: (1) By deleting the comma following unit twice in subsection (f) of Code Section 8-2-135, relating to licenses for manufacturers who build, sell, or offer for sale manufactured homes in the State of Georgia. (2) By striking such board and inserting in lieu thereof the board in subsection (d) of Code Section 8-3-214, relating to orders of the Board of Commissioners of the Commission on Equal Opportunity.

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(3) By striking Georgia Residential Finance Authority and inserting in lieu thereof Georgia Housing and Finance Authority in paragraph (1) of Code Section 8-3-308, relating to duties of State Housing Trust Fund for the Homeless Commission. Section 9. Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended as follows: (1) By striking the manner hereinabove provided, and inserting in lieu thereof such manner, in paragraph (1) of subsection (d) and by striking herein provided and inserting in lieu thereof provided in this Code section twice in subsection (i) of Code Section 9-11-4, relating to process, service of process, and related matters. (2) By striking herein provided for and inserting in lieu thereof provided for in this Code section in subsection (g) of Code Section 9-11-12, relating to the answer, defenses, and objections in civil actions and related matters. (3) By striking above provided and inserting in lieu thereof provided in subsection (a) of this Code section in subsection (b) of Code Section 9-11-16, relating to pretrial procedure under the Georgia Civil Practice Act. (4) By striking division (A)(ii) and inserting in lieu thereof division (ii) of subparagraph (A) in division (b)(4)(C)(ii) of Code Section 9-11-26, relating to general provisions governing discovery in civil actions. (5) By striking anytime and inserting in lieu thereof any time and by inserting a comma following provided in subsection (a) and by striking herein and inserting in lieu thereof in this subsection in subsection (b) of Code Section 9-11-40, relating to the time and place of trials in civil actions. (6) By striking impanelled and inserting in lieu thereof impaneled in subsection (b) of Code Section 9-11-47, relating to jurors in civil actions.

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(7) By striking above provided and inserting in lieu thereof provided in subsection (a) of this Code section in subsection (b) of Code Section 9-11-49, relating to special verdicts in civil actions. (8) By striking hereinbefore provided and inserting in lieu thereof provided in this subsection in subsection (b) of Code Section 9-11-58, relating to the entry of judgment in civil actions. (9) By striking collectible and inserting in lieu thereof collectable in Code Section 9-13-75, relating to setoff of judgments and the collection of the balance. (10) By striking herein set forth and inserting in lieu thereof set forth in this Code section in subsection (b) of Code Section 9-13-143, relating to rates for legal advertisements. (11) By striking as herein provided and inserting in lieu thereof as provided in this Code section in subsection (c) of Code Section 9-13-161, relating to where and when sales under execution are held and court order required to change place of public sales. Section 10. Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is amended as follows: (1) By deleting ; and the dealer shall be liable for rental return as outlined in subsection (a) of Code Section 10-1-236 in Code Section 10-1-238, relating to action by the gasoline distributor against a dealer for breach of agreement. (2) By striking the period and inserting in lieu thereof ; or at the end of paragraph (25) of subsection (b) of Code Section 10-1-393, relating to unfair or deceptive practices in consumer transactions which are declared unlawful. (3) By striking Code Sections 10-1-424 through 10-1-426 and inserting in lieu thereof Code Section 10-1-424 or 10-1-425 or this Code section in Code Section 10-1-426, relating to

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penalty for violations of Code Sections 10-1-424 and 10-1-425 and good faith exception for broadcasters and publishers. (4) By striking Peace Officers Standards and Training Council and inserting in lieu thereof Georgia Peace Officer Standards and Training Council twice in paragraph (4) of subsection (d) of Code Section 10-9-15, relating to the power of the Geo. L. Smith II Georgia World Congress Center Authority with regard to ensuring maximum use of the project. Section 11. Reserved. Section 12. Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended as follows: (1) By striking 1970', and inserting in lieu thereof 1970,' in paragraph (3) of subsection (c) and by striking archaeological and inserting in lieu thereof archeological in subparagraph (g)(3)(F) of Code Section 12-2-8, relating to promulgation of minimum standards and procedures for protection of natural resources, environment, and vital areas of state. (2) By striking permit hold and inserting in lieu thereof permit holder in paragraph (6) of subsection (d) of Code Section 12-3-52, relating to archeological exploration, excavation, or surveying. (3) By striking hydrogeology and inserting in lieu thereof hydrology in paragraph (1) of Code Section 12-5-522, relating to the contents of river basin management plans. (4) By adding Part 1 of preceding Article 3 in paragraph (12.1) of Code Section 12-8-22, relating to definitions relative to the Georgia Comprehensive Solid Waste Management Act. (5) By adding Article 1 of preceding Chapter 9 and by deleting the `Georgia Air Quality Act of 1978,' and inserting in lieu thereof `The Georgia Air Quality Act,' in subsection (e) of Code Section 12-8-97, relating to hazardous site inventory.

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(6) By striking hydrogeology and inserting in lieu thereof hydrology in paragraphs (3) and (4) of subsection (b) of Code Section 12-8-102, relating to creation of the Georgia Hazardous Waste Management Authority. (7) By striking promulgated to this article. and inserting in lieu thereof promulgated pursuant to this article. in paragraph (1) and by striking promulgated thereto. and inserting in lieu thereof promulgated pursuant thereto. in paragraph (4) of subsection (c) of Code Section 12-9-7, relating to permit required for air pollution control. (8) By adding Article 1 of preceding Chapter 9 twice and by deleting of 1978 following Act twice in Code Section 12-12-14, relating to commencement of asbestos removal or encapsulation projects by contractors. (9) By adding Part 1 of preceding Article 3 in paragraph (13) of Code Section 12-13-3, relating to definitions relative to the Georgia Underground Storage Tank Act. (10) By adding federal preceding Clean Water Act twice in paragraph (4) of Code Section 12-14-1, relating to definitions of oil or hazardous material spills or releases. Section 13. Title 13 of the Official Code of Georgia Annotated, relating to contracts, is amended as follows: (1) By striking division (c)(3)(B)(iii) of this Code section, and inserting in lieu thereof division (iii) of subparagraph (B) of this paragraph in subparagraph (c)(3)(A) of Code Section 13-8-15, relating to unfair methods of competition and unfair or deceptive acts or practices. Section 14. Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, is amended as follows: (1) By striking goodwill and inserting in lieu thereof good will in subparagraph (a)(2)(A) of Code Section 14-3-1041, relating to procedure for amendment of articles of incorporation by a corporation.

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Section 15. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended as follows: (1) By striking 15-6-88 through 15-6-92 and inserting in lieu thereof 15-6-88 and 15-6-89, this Code section, and Code Sections 15-6-91 and 15-6-92 in subsections (b), (c), and (d) of Code Section 15-6-90, relating to longevity increases relative to state courts. (2) By deleting reserved subsection (g) of Code Section 15-9-60, relating to court costs for specific services by judges of the probate courts. (3) By striking to move a new and inserting in lieu thereof to move to a new and by striking secretary to a new and inserting in lieu thereof secretary to the new in subparagraph (c)(2)(B) and by striking previously and inserting in lieu thereof previously in paragraph (3) of subsection (c) of Code Section 15-18-17, relating to employment of secretaries by district attorneys generally. Section 16. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended as follows: (1) By striking subsections (c) and (d) and inserting in lieu thereof subsections (c), (d), and (e) in subsection (b) of Code Section 16-5-23, relating to simple battery. (2) By striking record and circumstances and inserting in lieu thereof record the circumstances in subsection (b) of Code Section 16-15-5, relating to additional punishment upon misdemeanor conviction. Section 17. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended as follows: (1) By striking hereinafter authorized and inserting in lieu thereof authorized in this Code section in subsection (f) of Code Section 17-6-1, relating to where offenses are bailable.

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(2) By striking all money appropriated and inserting in lieu thereof all moneys appropriated in paragraph (2) of subsection (b) of Code Section 17-15-10, relating to the creation of the Georgia Crime Victims Emergency Fund. Section 18. Reserved. Section 19. Reserved. Section 20. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended as follows: (1) By striking 20-3-250.10A and inserting in lieu thereof 20-3-250.27 in paragraphs (3.1) and (27) of Code Section 20-3-250.2, relating to definitions of nonpublic postsecondary educational institutions. (2) By striking 20-3-250.10A and inserting in lieu thereof 20-3-250.27 twice in subsection (c) of Code Section 20-3-250.6, relating to minimum standards for educational institutions. Section 21. Reserved. Section 22. Reserved. Section 23. Reserved. Section 24. Reserved. Section 25. Reserved. Section 26. Reserved. Section 27. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended as follows: (1) By striking Act' and inserting in lieu thereof Act,' and by adding or at the end of paragraph (2) of subsection (a) of Code Section 27-1-36, relating to civil enforcement by the Department of Natural Resources.

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(2) By deleting the comma following preserving or mounting in subsection (a) of Code Section 27-2-9, relating to taxidermist licenses. (3) By inserting a comma following Part 22 in subsection (c) of Code Section 27-2-17, relating to falconry permits. (4) By striking insure and inserting in lieu thereof ensure in Code Section 27-2-22, relating to wildlife rehabilitation permits. (5) By deleting and at the end of paragraph (1) of subsection (d) of Code Section 27-2-22.1, relating to fox trapping and selling. (6) By adding or at the end of paragraph (12) of Code Section 27-3-1.1, relating to acts prohibited on wildlife management areas. (7) By striking diesel, and inserting in lieu thereof or diesel boat, and by striking or steamboat, and inserting in lieu thereof a steamboat, in subsection (a) of Code Section 27-3-13, relating to killing of birds and animals from boats, aircraft, and motor vehicles. (8) By designating the two undesignated paragraphs as subsections (a) and (b), respectively; and by striking code and inserting in lieu thereof Code; by striking nature, and upon and inserting in lieu thereof nature and, upon; by striking at a fine and inserting in lieu thereof by a fine; and by striking $500 and $5,000 and inserting in lieu thereof $500.00 and $5,000.00 in the second undesignated paragraph of Code Section 27-3-27, relating to unlawful use of bear bait. (9) By adding or at the end of paragraph (2) of subsection (a) and by striking 10 and inserting in lieu thereof ten in paragraphs (2) and (3) of subsection (g) of Code Section 27-4-11.1, relating to possession of firearms and intoxication on public fishing areas. (10) By striking insure and inserting in lieu thereof ensure in the introductory language of Code Section 27-5-1,

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relating to legislative intent and findings relative to wild animals. (11) By striking insure and inserting in lieu thereof ensure in subparagraph (C) of paragraph (13) of Code Section 27-5-6, relating to specifications for humane handling, care, confinement, and transportation of wild animals. Section 28. Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, is amended as follows: (1) By striking void. Provided, however, and inserting in lieu thereof void; provided, however, in Code Section 28-1-14.1, relating to local bills proposing annexation by municipalities. (2) By striking hard-bound and inserting in lieu thereof hardbound and by striking soft-bound and inserting in lieu thereof softbound twice in subsection (e) of Code Section 28-4-3, relating to the Office of Legislative Counsel. (3) By deleting of this Code from subsection (b) of Code Section 28-5-55, relating to exemptions from Article 3A of Chapter 5 of Title 28 relative to the Local Government Impact Fiscal Notes Act. (4) By striking Title 50 and inserting in lieu thereof Title 50, in subsection (b) of Code Section 28-5-85, relating to payment of small claims by the Claims Advisory Board. (5) By deleting of this Code from Code Section 28-10-7, relating to effect of Chapter 10 of Title 28 on responsibilities of the Georgia Rail Passenger Authority. Section 29. Reserved. Section 30. Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, is amended as follows:

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(1) By striking Division of Mental Health and Mental Retardation and inserting in lieu thereof Division of Mental Health, Mental Retardation, and Substance Abuse in subparagraph (a)(1)(A) of Code Section 30-1-4, relating to the Council on the Deaf. Section 31. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended as follows: (1) By striking March 18 and inserting in lieu thereof March 28 in the introductory language of subsection (b) and by striking paragraphs (2), (9), and (10) and inserting in lieu thereof paragraphs (2), (9), and (13) in the living will contained in subsection (b) and by striking from item 1 in the living will form contained in subsection (b) of Code Section 31-32-3, relating to execution of a living will, the following: `() including hydration but not nourishment, or', and inserting in lieu thereof the following: `() including nourishment but not hydration, or'. Section 32. Title 32 of the Official Code of Georgia Annotated is amended as follows: (1) By striking Code Section 32-6-29, relating to the duty of the Department of Transportation to enforce Article 2 of Chapter 6 of said title and paragraph (15) of subsection (a) of Code Section 32-2-2 and enforcement officers, and inserting in lieu thereof a new Code Section 32-6-29 to read as follows: new Code Section 32-6-29 to read as follows: `32-6-29. (a) It shall be the duty of the department to enforce this article and the licensing and fuel tax registration requirements contained in paragraph (15) of subsection (a) of Code Section 32-2-2. To carry out this duty, the commissioner is authorized to appoint enforcement officers who shall have the power: (1) To enforce all laws, rules, and regulations pertaining to this article and the licensing and fuel tax registration

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requirements contained in paragraph (15) of subsection (a) of Code Section 32-2-2; (2) To prevent and detect acts which constitute civil or criminal violations of the laws, rules, and regulations pertaining to this article and the licensing and fuel tax registration requirements contained in paragraph (15) of subsection (a) of Code Section 32-2-2; (3) To arrest without warrant any person charged with criminal offenses appertaining to the laws, rules, and regulations pertaining to this article and the licensing and fuel tax registration requirements contained in paragraph (15) of subsection (a) of Code Section 32-2-2; and (4) To issue citations for civil damages to any person found violating the laws, rules, and regulations pertaining to the weights of motor vehicles, trailers, and loads. (b) The commissioner is authorized to appoint enforcement officers who shall have, in addition to any powers or duties created by any other law, the power: (1) To enforce all state laws and to arrest any person found to be violating any state law but only on the following properties owned or controlled by the department: rest areas, truck-weighing stations or checkpoints, wayside parks, parking facilities, and any buildings and grounds for public equipment and personnel used for or engaged in administration, construction, or maintenance of the public roads or research pertaining thereto; (2) To enforce Code Section 16-10-24, but only in those situations involving the obstruction or hindrance of enforcement officers designated by the department in their official duties and to arrest any person found to be violating Code Section 16-10-24 in this regard; (3) To carry firearms issued or authorized by the department while in the performance of their duties but

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only if such enforcement officers have been certified by the Georgia Peace Officer Standards and Training Council as having successfully completed the course of training required by Chapter 8 of Title 35, the `Georgia Peace Officer Standards and Training Act'; (4) To direct and control traffic on any public road which is part of the state highway system but only in areas where maintenance and construction activities are being performed and at scenes of accidents and emergencies until local police officers of Georgia State Patrol officers arrive and have the situation under control; (5) To enforce, on any public road which is part of the state highway system, Code Section 16-11-43 and to arrest any person found to be violating any provision of said Code section; (6) To enforce, on any public road which is part of the state highway system, Code Section 16-7-43 and to arrest any person found to be violating any provision of said Code section; (7) To enforce, on any public road which is part of the state highway system, Code Section 16-7-24 and to arrest any person found to be violating any provision of said Code section; and (8) To enforce any state law when ordered to do so by the Governor or protect any life or property when the circumstances demand action. (c) These enforcement officers shall have the full authority of peace officers while in the performance of their duties. As used in this subsection, the term `peace officer' means any person who by virtue of his or her office of public employment is vested by law with a duty to maintain public order or to make arrests for offenses, whether that duty extends to all crimes or is limited to specific offenses. (d) Each person designated by the commissioner as an enforcement officer shall take an oath before an officer duly

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authorized to administer oaths. For each such person, the department shall secure a bond of not less than $5,000.00 from a surety company licensed to transact business in this state. Such bond shall be conditioned upon the faithful performance of his or her duties and made payable to the commissioner and his or her successors in office. Section 33. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended as follows: (1) By striking Article 1 or 2 and inserting in lieu thereof Article 1 in subsection (c) of Code Section 33-5-23, relating to the revocation or suspension of a surplus lines broker's license. (2) By striking (15) and inserting in lieu thereof (16) in paragraph (15) and by striking (14), (15), or (16) and inserting in lieu thereof (15), (16), or (17) in paragraph (18) of Code Section 33-23-21, relating to the grounds for refusal, suspension, or revocation of a license. (3) By adding or at the end of subparagraph (f)(3)(C) and by deleting or after issued, delivered, in subsection (g) of Code Section 33-24-21.2, relating to continuation of coverage under group accident and sickness plans for persons 60 years of age or older. (4) By striking motorists and inserting in lieu thereof motorist in paragraph (3) of subsection (b) of Code Section 33-24-41.1, relating to liability insurance. (5) By adding or at the end of paragraph (4) of subsection (c) of Code Section 33-25-10, relating to the payment of interest on proceeds or payments under life insurance policies. (6) By striking subsection (c) and inserting in lieu thereof subsection (d) in paragraph (1) of subsection (b) of Code Section 33-29-19, relating to rate modification on individual accident and sickness policies providing for optional loss ratio guarantee.

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(7) By redesignating paragraphs (5) and (6) as paragraphs (6) and (5), respectively; by striking Section 1395 et seq. and inserting in lieu thereof Section 1395, et seq. in redesignated paragraph (6) of Code Section 33-43-1, relating to definitions concerning medicare supplement insurance. (8) By adding and at the end of paragraph (5) of subsection (e) of Code Section 33-43-3, relating to standards for medicare supplement insurance policy benefits. (9) By adding or at the end of division (6)(C)(i) of Code Section 33-48-2, relating to definitions concerning producer controlled property and casualty insurers. (10) By striking subsection (f) and inserting in lieu thereof paragraph (6) in paragraph (3) of subsection (a) of Code Section 33-48-4, relating to proceedings upon a violation of Chapter 48 of Title 33. Section 34. Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is amended as follows: (1) By striking The Commissioner and inserting in lieu thereof The Commissioner of Insurance in subsection (a) of Code Section 34-9-133, relating to apportionment and assignment of rejected risks in workers' compensation policies. 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 vehicle or plates. and inserting in lieu thereof vehicle or plate. at the end of the first sentence in subsection (a) of Code Section 35-1-4, relating to requirements for reporting stolen motor vehicles and license plates. (2) By striking funded by the Peace Officers Standards and Training Council and inserting in lieu thereof funded by the Georgia Peace Officer Standards and Training Council in Code Section 35-1-10, relating to training in investigation of family violence incidents.

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(3) By striking This Chapter and inserting in lieu thereof This chapter in Code Section 35-5-1, relating to the Georgia Public Safety Training Center Act. (4) By striking council member and inserting in lieu thereof councilmember in subsection (c) of Code Section 35-7-3, relating to election of officers and appointment of committees of the Organized Crime Prevention Council. (5) By adding the between means and Georgia in paragraph (3) of Code Section 35-8-2, relating to definitions of employment and training of peace officers. (6) By striking peace officer and inserting in lieu thereof peace officer's in subparagraph (b)(1)(F) of Code Section 35-8-7.1, relating to authority of the Georgia Peace Officer Standards and Training Council to refuse certificate to applicant or to discipline certified peace officer or exempt peace officer. (7) By adding Georgia between the and Peace in subsection (f) of Code Section 35-8-20, relating to training requirements for police chiefs, department heads, and wardens. (8) By striking 35-9-2 through 35-9-12 and inserting in lieu thereof 35-9-2 and 35-9-3, this Code section, and Code Section 35-9-5 through 35-9-12 in Code Section 35-9-4, relating to qualifications for appointment as special policeman. (9) By striking 35-9-2 through 35-9-14 and inserting in lieu thereof 35-9-2 through 35-9-4, this Code section, and Code Sections 35-9-6 through 35-9-14 in subsection (a) and by striking 35-9-2 through 35-9-12 and inserting in lieu thereof 35-9-2 through 35-9-4, this Code section, and Code Sections 35-9-6 through 35-9-12 in subsection (b) of Code Section 35-9-5, relating to issuance of certificate of appointment as a special policeman. (10) By striking 35-9-2 through 35-9-12 and inserting in lieu thereof 35-9-2 through 35-9-5, this Code section, and Code Sections 35-9-7 through 35-9-12 in Code Section 35-9-6, relating to oath of office of special policeman.

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(11) By striking 35-9-2 through 35-9-12 and inserting in lieu thereof 35-9-2 through 35-9-7, this Code section, and Code Sections 35-9-9 through 35-9-12 in Code Section 35-9-8, relating to status of special policeman as employee of state. (12) By striking 35-9-2 through 35-9-12 and inserting in lieu thereof 35-9-2 through 35-9-8, this Code section, and Code Sections 35-9-10 through 35-9-12 in the introductory language of subsection (a) of Code Section 35-9-9, relating to powers and duties of special policemen generally. (13) By striking 35-9-2 through 35-9-12 and inserting in lieu thereof 35-9-2 through 35-9-9, this Code section, and Code Sections 35-9-11 and 35-9-12 in Code Section 35-9-10, relating to special policemen are subject to rules and regulations of appointing authority. (14) By striking 35-9-2 through 35-9-12 and inserting in lieu thereof 35-9-2 through 35-9-10, this Code section, and Code Section 35-9-12 in Code Section 35-9-11, relating to termination and revocation of appointment of special policeman. (15) By striking 35-9-2 through 35-9-12 and inserting in lieu thereof 35-9-2 through 35-9-11 and this Code section in Code Section 35-9-12, relating to immunity of state from liability for acts or omissions of special policemen. Section 36. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended as follows: (1) By deleting of 1978 from subsection (b) of Code Section 36-1-16, relating to garbage, trash, waste, or refuse not to be transported across state or county boundaries for dumping without permission and any exemption thereto. (2) By adding United States preceding decennial in Code Section 36-5-23, relating to salary of county commissioners in counties having a population of not less than 56,400 or more than 60,000. (3) By adding United States preceding decennial in Code Section 36-5-24, relating to salary of county commissioner

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in counties having population of not less than 12,300 or more than 12,400. (4) By striking referenda and inserting in lieu thereof referendum in subsection (b) of Code Section 36-7-2.1, relating to abolishing the office of an elected surveyor. (5) By designating the second paragraph of subsection (a) as subsection (a.1) and by striking from such paragraph this subsection and inserting in lieu thereof subsection (a) of this Code section in Code Section 36-15-9, relating to costs for law librarians. (6) By deleting Part 2 of in subsection (a) of Code Section 36-32-8, relating to municipal court jurisdiction regarding emission inspections. (7) By adding of Georgia following Judicial Council in Code Section 36-32-23, relating to oath of office of members of the Georgia Municipal Courts Training Council. (8) By striking munidipal and inserting in lieu thereof municipal in the introductory language of subsection (a); by striking alster and inserting in lieu thereof alter, by striking not to alter and inserting in lieu thereof nor to alter, by striking the period at the end and inserting in lieu thereof a semicolon in paragraph (2) of subsection (a) of Code Section 36-34-2, relating to powers relating to administration of municipal government generally. (9) By striking said subsection (a) and inserting in lieu thereof subsection (a) of this Code section in subsection (f) of Code Section 36-36-32, relating to authority to annex upon application of owners of 60 percent of the land and 60 percent of the resident electors generally. (10) By striking of 1973 from subparagraph (E) of paragraph (8) of Code Section 36-44-3, relating to definitions relative to redevelopment powers.

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(11) By striking herein and inserting in lieu thereof in this Code section in subsection (d) of Code Section 36-44-4, relating to creation of redevelopment agency. (12) By striking subsection (a) and inserting in lieu thereof subsection (b) in subsection (c) of Code Section 36-45-20, relating to training courses for city clerks. (13) By striking paragraph (17) and inserting in lieu thereof paragraph (18) in subsection (a) of Code Section 36-61-3, relating to legislative findings relative to urban redevelopment. (14) By striking paragraph (21) and inserting in lieu thereof paragraph (22) in subsection (f) of Code Section 36-61-12, relating to bonds for urban redevelopment projects. (15) By striking herein and inserting in lieu thereof in this chapter in Code Section 36-62-7, relating to operation of development authority projects. (16) By striking this subsection (a) and inserting in lieu thereof this subsection in subsection (a) of Code Section 36-63-11, relating to construction of Chapter 63 of Title 36 generally. (17) By striking five years and inserting in lieu thereof two years in paragraph (2) of subsection (c) of Code Section 36-67A-3, relating to disclosure of campaign contributions in rezoning actions. (18) By striking referenda and inserting in lieu thereof referendums in paragraph (2) of subsection (a) of Code Section 36-68-3, relating to mandatory features of enabling local law merging county and municipal government. (19) By striking the comma preceding established in paragraph (1) and by adding for between and and participation in paragraph (2) of Code Section 36-70-2, relating to definitions of coordinated and comprehensive planning by counties and municipalities.

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(20) By adding a comma following 1992 three times in subsection (b) of Code Section 36-70-5, relating to effect of Chapter 70 of Title 36 on county and municipal zoning powers. (21) By striking subsection (l) of Code Section 36-71-4, relating to calculation of development impact fees, and inserting in lieu thereof the following: (l) A municipal or county development impact fee ordinance may exempt all or part of particular development projects from development impact fees if: (1) Such projects are determined to create extraordinary economic development and employment growth or affordable housing; (2) The public policy which supports the exemption is contained in the municipality's or county's comprehensive plan; and (3) The exempt development's proportionate share of the system improvement is funded through a revenue source other than development impact fees. (22) By striking Sections 36-80-6 through 36-80-9 and inserting in lieu thereof Section 36-80-6, this Code section, and Code Sections 36-80-8 and 36-80-9 in Code Section 36-80-7, relating to state contracts for combined, consolidated, and merged programs. (23) By striking 36-80-6 through 36-80-9 and inserting in lieu thereof 36-80-6 through 36-80-8 and this Code section in Code Section 36-80-9, relating to regulations regarding combined, consolidated, and merged programs. (24) By striking 36-80-10 through 36-80-14 and inserting in lieu thereof 36-80-10 through 36-80-13 and this Code section in Code Section 36-80-14, relating to annual sinking fund for unbonded debt. (25) By striking 36-82-67 through 36-82-72 and inserting in lieu thereof 36-82-67 and 36-82-68, this Code section,

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and Code Sections 36-82-70 through 36-82-72 in Code Section 36-82-69, relating to limitations on authority of receiver and supervising court. (26) By striking 36-82-67 through 36-82-72 each time it appears and inserting in lieu thereof 36-82-67 through 36-82-69, this Code section, and Code Sections 36-82-71 and 36-82-72 in Code Section 36-82-70, relating to supervision of receiver by court. (27) By deleting the comma following 13-10-1 in subsection (b) of Code Section 36-82-104, relating to action on breached bond or security deposit. (28) By striking of the state and inserting in lieu thereof of this state in paragraph (26) and by striking Georgia Residental Financial Authority and inserting in lieu thereof Georgia Housing and Finance Authority in paragraph (37) of Code Section 36-82-182, relating to definitions regarding the Georgia allocation system. (29) By striking application failing and inserting in lieu thereof application's failing in subsection (f) of Code Section 36-82-187, relating to application for economic development share and competitive pool allocation. (30) By striking employment test, and inserting in lieu thereof employment tests, in the introductory language of subsection (a) of Code Section 36-82-188, relating to the employment test for certain allocations. Section 37. Reserved. Section 38. Reserved. Section 39. Reserved. Section 40. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended as follows:

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(1) By striking mutilation of license and inserting in lieu thereof mutilation of a license in subsection (b) of Code Section 40-2-44, relating to reporting of theft, loss, or mutilation of license plates or revalidation decals. (2) By striking `restored,' and inserting in lieu thereof `restored' in paragraph (2) of subsection (a) of Code Section 40-3-37, relating to salvaged or rebuilt motor vehicles. (3) By striking such as and inserting in lieu thereof including but not limited to in Type 2 and Type 5; by deleting , etc. in Type 2 and Type 5; and by adding or preceding snowplow in Type 2 and by adding or preceding library in Type 5 of subsection (c) of Code Section 40-4-2, relating to application of Article 1 of Chapter 4 of Title 40 relative to identification of passenger cars and components. (5) By striking restoration fee and shall and inserting in lieu thereof restoration fee and the owner shall in paragraph (3) of subsection (c) of Code Section 40-5-71, relating to procedure upon notice of insurance cancellation. (6) By striking behind the wheel and inserting in lieu thereof behind-the-wheel in subsection (c) of Code Section 40-5-83, relating to establishment and approval of clinics and programs. (7) By striking easy to read and inserting in lieu thereof easy-to-read in paragraph (1) of subsection (a) of Code Section 40-6-252, relating to parking, standing, or driving vehicle in private parking area after request not to do so. Section 41. Reserved. Section 42. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended as follows: (1) By deleting pursuant to subsection (a) of Code Section 42-8-100 and by deleting subsection (b) of in Code Section 42-8-30.1, relating to applicability to counties establishing a probation system pursuant to Code Section 42-8-100.

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Section 43. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended as follows: (1) By repealing in its entirety Code Section 43-26-43, relating to termination of the Georgia Board of Examiners of Licensed Practical Nurses, which reads as follows: 43-26-43. For the purposes of Chapter 2 of this title, `The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the Georgia Board of Examiners of Licensed Practical Nurses shall be terminated on July 1, 1994, and this article and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8. (2) By striking No persons and inserting in lieu thereof No person in the introductory language of Code Section 43-33-11, relating to license required for physical therapists or physical therapist assistants. (3) By striking above-mentioned examination and inserting in lieu thereof examination provided for in subparagraph (A) of this paragraph and by striking above-mentioned records relating to the mental or physical condition of such licensee or applicant and inserting in lieu thereof records relating to the mental or physical condition of such licensee or applicant obtained pursuant to subparagraph (B) of this paragraph in subparagraph (a)(2)(C) and by striking foregoing actions and inserting in lieu thereof actions enumerated pursuant to paragraph (1) of this subsection in paragraph (2) of subsection (b) of Code Section 43-33-18, relating to refusal to grant or restore a license to a physical therapist or physical therapist assistant. (4) By inserting Article 1 of preceding Chapter 26 in paragraph (6) of subsection (a) and by striking physician's and inserting in lieu thereof physicians the second time it appears in subsection (c) of Code Section 43-34-26.1, relating to delegation of authority to a nurse or physician's assistant.

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(5) By striking herein and inserting in lieu thereof in this subsection in the undesignated paragraph at the end of subsection (c) of Code Section 43-34-27, relating to provisional licenses for physicians' assistants. (6) By striking above-mentioned examination and inserting in lieu thereof examination provided for in subparagraph (A) of this paragraph and by striking above-mentioned records relating to the mental or physical condition of such licensee or applicant and inserting in lieu thereof records relating to the mental or physical condition of such licensee or applicant obtained pursuant to subparagraph (B) of this paragraph in subparagraph (a)(13)(C) and by striking foregoing actions and inserting in lieu thereof actions enumerated pursuant to paragraph (1) of this subsection in paragraph (2) of subsection (b) of Code Section 43-34-37, relating to authority to refuse a license to or to discipline a physician. Section 44. Title 44 of the Official Code of Georgia Annotated, relating to property, is amended as follows: (1) By striking (2) and (3) and inserting in lieu thereof (3) and (4) in subsection (d) of Code Section 44-5-149, relating to creation of the Advisory Board on Anatomical Gift Procurement. (2) By adding of this Code section following subsection (b) the second time it appears in subsection (d) of Code Section 44-5-151, relating to HIV test of body part or donor. (3) By striking subsection (b) of Code Section 44-9-113, and inserting in lieu thereof subsection (c) of Code Section 44-10-4, in subsection (c) of Code Section 44-10-3, relating to creation or alteration of conservation easements. (4) By striking of facade and conservation easements pursuant to Code Sections 44-10-1 through 44-10-5, and inserting in lieu thereof of conservation easements pursuant to Code Sections 44-10-1 through 44-10-8, in Code Section 44-10-21, relating to legislative purpose and intent relative to ordinances providing for historical preservation.

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(5) By striking of facade easements and conservation easements in accordance with Code Sections 44-10-1 through 44-10-5; and inserting in lieu thereof of conservation easements in accordance with Code Sections 44-10-1 through 44-10-8; in paragraph (6) of Code Section 44-10-25, relating to powers and duties of the historic preservation commission. (6) By adding River following Mississippi in paragraph (1) of Code Section 44-12-260, relating to definition of American Indian human remains and burial objects held by museums. Section 45. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended as follows: (1) By adding of Georgia following Superior Court Judges in paragraph (2) of subsection (c) and by striking the effective date of this Code section and inserting in lieu thereof September 18, 1991, in paragraph (2) of subsection (g) of Code Section 45-7-110, relating to criteria for order of temporary furloughs of public officers and employees. (2) By striking referenda approval on abolishing and inserting in lieu thereof approval in referendums to abolish in subsection (b) of Code Section 45-16-80, relating to abolition of the office of the coroner. (3) By striking Article 2 and inserting in lieu thereof Article 1 in subsection (c) of Code Section 45-18-6, relating to authorization of contracts to provide insurance benefits. (4) By striking article and inserting in lieu thereof chapter in Code Section 45-18-80, relating to exemption of certain state employees retired prior to July 1, 1962, from personal liability for services at state hospitals. Section 46. Reserved. 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 striking collectible and inserting in lieu thereof collectable in paragraph (2) of subsection (f) of Code Section 48-2-32, relating to forms of payment of taxes and license fees. (2) By striking under this article and inserting in lieu thereof under this chapter and by striking program, include among and inserting in lieu thereof program include, among in Code Section 48-16-1, relating to legislative findings, declarations, and intent regarding the tax amnesty program. (3) By striking this article and inserting in lieu thereof this chapter in subsection (c) of Code Section 48-16-12, relating to willful failure to make any return, declaration, or form prescribed by the commissioner with respect to the taxes covered by the amnesty program. Section 49. Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended as follows: (1) By striking the semicolon at the end of paragraph (3) and inserting ; and in lieu thereof, by striking ; and at the end of paragraph (4) and inserting a period in lieu thereof, and by striking paragraph (5), which reads as follows: (5) Reserved. from subsection (a) of Code Section 49-5-7, relating to the designation of the Department of Human Resources as exclusive state agency for administration of public child and youth welfare services. Section 50. Reserved. Section 51. Reserved. Section 52. Title 52 of the Official Code of Georgia Annotated, relating to waters of the state, ports, and watercraft, is amended as follows:

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(1) By striking the Coastal Marshlands Protection Act of 1970, and inserting in lieu thereof Part 4 of Article 4 of Chapter 5 of Title 12, the `Coastal Marshlands Protection Act of 1970,' in paragraph (3) of Code Section 52-1-3, relating to definitions relative to protection of tidewaters. (2) By striking the Coastal Marshlands Protection Act of 1970, and inserting in lieu thereof Part 4 of Article 4 of Chapter 5 of Title 12, the `Coastal Marshlands Protection Act of 1970,' in paragraph (4) of Code Section 52-1-32, relating to definitions relative to right of passage. 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 1992 supplements to the Official Code of Georgia Annotated published under authority of the state in 1992 by the Michie Company, is reenacted and shall have the effect of statutes enacted by the General Assembly of Georgia. Annotations; editorial notes; Code Revision Commission notes; research references; notes on law review articles; opinions of the Attorney General of Georgia; indexes; analyses; title, chapter, article, part, and subpart captions or headings, except as otherwise provided in the Code; catchlines of Code sections or portions thereof, except as otherwise provided in the Code; and rules and regulations of state agencies, departments, boards, commissions, or other entities which are contained in the Official Code of Georgia Annotated are not enacted as statutes by the provisions of this Act. Material which has been added in brackets or parentheses and editorial, delayed effective date, effect of amendment, or other similar notes within the text of a Code section by the editorial staff of the publisher in order to explain or to prevent a misapprehension concerning the contents of the Code section and which is explained in an editorial note is not enacted by the provisions of this section and shall not be considered a part of the Official Code of Georgia Annotated. The

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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 1993 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 22, 1993. ELECTIONS CODE REVISION. Code Title 21 Amended. No. 85 (House Bill No. 146). 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

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the Official Code of Georgia Annotated; to provide for other matters relating to Title 21 of the Official Code of Georgia Annotated; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended as follows: (1) By striking this Code section and inserting in its place subsection (a) of Code Section 21-2-4 in paragraph (5) of Code Section 21-2-3, relating to definitions and descriptions regarding congressional districts. (2) By striking vice-president and inserting in its place Vice President in Code Section 21-2-10, relating to election of presidential electors. (3) By deleting the subsection (a) designation in the language preceding paragraph (1) of Code Section 21-2-31, relating to duties of the State Election Board. (4) By striking democratic and inserting in its place Democratic and by striking republican and inserting in its place Republican in Code Section 21-2-74, relating to the creation of certain election boards. (5) By striking 21-2-138 by and inserting in its place 21-2-138 of in subsection (f), by striking the periods at the end of paragraphs (1), (2), and (3) and inserting in their place semicolons, and by striking the period at the end of paragraph (4) and inserting in its place ; and in subsection (g) of Code Section 21-2-132, relating to pauper's affidavits. (6) By striking the periods at the end of paragraphs (1), (2), and (3) and inserting in their place semicolons and by striking the period at the end of paragraph (4) and inserting in its place ; and in subsection (a.1) of Code Section 21-2-153, relating to qualification of candidates for party nomination.

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(7) By striking State, and and inserting in its place State and in subsection (a) of Code Section 21-2-193, relating to selection of candidates to appear on presidential preference primary ballots. (8) By striking subsection (c) and inserting in its place paragraph (1) of subsection (c) in subsection (e) of Code Section 21-2-217, relating to form of registration cards. (9) By striking of removing and inserting in its place for removing in subsection (b) of Code Section 21-2-225, relating to the list of electors. (10) By striking herein provided and inserting in its place provided in subsection (c) of this Code section in subsection (d) of Code Section 21-2-236, relating to examination of elector's qualifications. (11) By striking alphabetically, according to the party name, and inserting in its place alphabetically according to the party name and by striking name, to and inserting in its place name to in subsection (c) of Code Section 21-2-285, relating to form of official ballots. (12) By striking mechanism and inserting in its place a mechanism in paragraph (20) of Code Section 21-2-322, relating to voting machine requirements. (13) By striking one representative of each political party or body, certified by the chairman of such committee and inserting in its place one representative of each political party or body, certified by the chairperson of such political party or body in subsection (c) of Code Section 21-2-327, relating to preparation of voting machines. (14) By striking ink, and inserting in its place ink in subsection (a) of Code Section 21-2-354, relating to form of ballot labels. (15) By striking deputy registrars and inserting in its place deputy registrars, in paragraph (2) of subsection (a) of

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Code Section 21-2-386, relating to absentee ballots received from electors. (16) By striking (Primary or Election) and inserting in its place (primary or election) twice and by striking Certificate and inserting in its place certificate in the form in subsection (a) of Code Section 21-2-402, relating to voter's certificates. (17) By striking Vice-President and inserting in its place Vice President in subsection (b) of Code Section 21-2-438, relating to void ballots. (18) By striking a receptacle as hereinabove provided and inserting in its place such receptacle in subsection (e) of Code Section 21-2-452, relating to voting machine procedures. (19) By striking offices and inserting in its place office in Code Section 21-2-503, relating to commissions in contested elections. (20) By striking less and inserting in its place one year in the introductory language of subsection (b) of Code Section 21-3-61, relating to election of municipal officers in municipalities with terms of three years or one year. (21) By adding and immediately following the semicolon at the end of paragraph (3) of subsection (a) of Code Section 21-3-133, relating to purging the municipal list of electors. (22) By striking , or both and inserting in its place or booth in subsection (a) of Code Section 21-3-165, relating to equipment for polling places. (23) By striking name, to and inserting in its place name to twice and by striking alphabetically, according and inserting in its place alphabetically according in subsection (c) of Code Section 21-3-187, relating to the form of official ballots. (24) By striking 21-3-318). and inserting in its place 21-3-318.) in the next-to-last paragraph of the form in subsection

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(d) of Code Section 21-3-284, relating to the form of an absentee ballot. (25) By striking deputy registrars and inserting in its place deputy registrars, in paragraph (2) of subsection (a) of Code Section 21-3-286, relating to absentee ballots received from electors. (26) By striking number and inserting in its place numbered in subsection (c) of Code Section 21-3-348, relating to duties of poll officers. (27) By striking herein below called and inserting in its place referred to in this subsection as in subsection (d) of Code Section 21-3-360, relating to voting machines. (28) By striking poster and inserting in its place paster in subsection (e) of Code Section 21-3-362, relating to voting procedures. (29) By striking return and inserting in its place return sheets in Code Section 21-3-409, relating to delivery of election materials to the city clerk. (30) By striking being and inserting in its place ,being in the form in subsection (b) of Code Section 21-4-9, relating to applications for recall petitions. (31) By striking office holder), and inserting in its place officeholder), in the ballot in subsection (e) of Code Section 21-4-13, relating to recall elections. (32) By redesignating paragraph (14.1) as enacted by Ga. L. 1992, p. 1075, as paragraph (14.2) of Code Section 21-5-3, relating to definitions of ethics in government. (33) By striking the period and inserting in its place ; and at the end of paragraph (5) of subsection (b) of Code Section 21-2-50, relating to financial disclosure statements.

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Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved March 22, 1993. LIMITED LIABILITY COMPANIES FORMATION, OPERATION, AND DISSOLUTION. Code Title 14, Chapter 11 Enacted. Code Section 14-2-1109.1 Enacted. Code Section 14-9-206.1 Amended. Code Title 43 Amended. No. 174 (House Bill No. 264). AN ACT To amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to provide for the formation, operation, and dissolution of limited liability companies; to provide for a short title; to provide for definitions; to provide for purposes and powers of limited liability companies; to provide for articles of organization; to provide for execution of documents; to provide for filing of documents by the Secretary of State; to provide for names, the reservation thereof, and the transfer thereof; to provide for registered offices and registered agents and the change thereof; to provide for amendments of articles of organization; to provide for restatement of articles of organization; to provide for correction of filed documents; to provide for an election to become a limited liability company; to provide for the powers, duties, and authority of members and managers; to provide limitations on the conveyance of real property; to provide for liability to third parties; to provide for management; to provide for duties; to provide for indemnification; to prohibit or regulate conflicting interest

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transactions; to provide for approval rights of members and managers; to authorize certain actions without meetings; to provide for meetings, notices, waiver of notices, records, and information; to provide for professional relationships; to provide for financial matters relating to limited liability companies; to provide for contributions to capital and liability for such contributions; to provide for allocation of profits and losses; to provide for distributions and matters and restrictions relating thereto; to provide for liability upon wrongful distributions; to provide for regulation of limited liability company interests and the admission of members; to provide for assignments; to provide for rights of assignees and judgment creditors; to provide for admission of members; to provide for powers of the estate of a deceased or incompetent member; to provide for and regulate events of dissociation, withdrawal, and dissolution; to provide for judicial and administrative dissolution, winding up, distribution of assets, and statements of commencement of winding up; to provide for known and unknown claims against dissolved limited liability companies; to provide for the manner of publication of requests for claims; to provide for certificates of termination; to provide for and regulate foreign limited liability companies; to provide for laws applicable to foreign limited liability companies; to require certificates of authority and provide for matters related thereto; to require registered offices and registered agents for foreign limited liability companies and provide for matters related thereto; to provide for certificates of authority, names, amendments of certificates, withdrawal, revocation of certificates, appeals, failure to procure certificates, and penalties related to foreign limited liability companies; to provide for actions to restrain companies in violation of such laws; to provide for derivative actions and the practices, procedures, and expenses related thereto; to provide for mergers and the plans, approvals, articles, affects, practices, and procedures related thereto; to provide for rights of dissenters and matters related thereto; to provide for filing fees and penalties; to provide for executions by judicial act; to provide for annual registration; to provide for taxation; to provide for administrative powers of the Secretary of State; to provide for rules and regulations; to provide for construction; to provide for service of process and venue; to provide an effective date; to provide for severability and the repeal of conflicting laws; to provide that a corporation may elect to become a limited liability company; to provide for

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practices and procedures in connection therewith; to provide for operating agreements; to provide for a plan of election; to amend provisions relating to mergers of limited partnerships so as to provide that limited partnerships may merge with limited liability companies; to provide for terms, conditions, practices, and procedures in connection with such merger; to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to authorize certain professions and businesses and persons licensed, registered, or certified to practice or engage in certain professions and businesses and to restrict or prohibit certain professions and businesses and persons licensed, registered, or certified to practice or engage in certain professions and businesses to form or be members of limited liability companies; to change the provisions relating to grounds for a state examining board to review to grant or to revoke a license; to change the provisions relating to the practice of accountancy and the State Board of Accountancy; to provide for the registration of firms and partnerships practicing public accountancy; to change the provisions relating to ownership of accountant's working papers; to change the provisions relating to the use of certain titles, abbreviations, or devicesl to change the provisions relating to false or fraudulent claims; to change the provisions relating to solicitation of employment; to change the provisions relating to architects and the practice of architecture; to change the provisions relating to athlete agents and the registration and regulation thereof; to change the provisions relating to auctioneers and apprentice auctioneers and the regulation thereof; to change the provisions relating to licenses; to change the provisions relating to the auctioneer's education, research, and recovery fund; to change the provisions relating to professional counselors, social workers, and marriage and family therapists; to change the provisions relating to dentists and the practice of dentistry and the regulation thereof; to change the provisions relating to the regulation of instructors in driver training and the operators of driver training schools; to change the provisions relating to the regulation of electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors; to change the provisions relating to low-voltage contracting and the regulation thereof; to change the provisions relating to utility contracting and the regulation thereof; to change the provisions relating to the practice of professional engineering and the regulation thereof; to change the provisions

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relating to land surveying and the regulation thereof; to change the provisions relating to charitable solicitations, charitable organizations, and charitable solicitors and the regulation thereof; to change the provisions relating to contracts for preneed funeral services; to change the provisions relating to the practice of geology and the regulation thereof; to change the provisions relating to landscape architects and the regulation thereof; to change the provisions relating to private detective and private security businesses and the regulation thereof; to change the provisions relating to regulation of real estate appraisers and the regulation thereof; to change the provisions relating to real estate brokers and associate brokers and salespersons and the regulation thereof; to change the provisions relating to the real estate education, research, and recovery fund; to change the provisions relating to real estate schools and instructors and the regulation thereof; to change the provisions relating to used car dealers and the regulation thereof; to change the provisions relating to used motor vehicle parts dealers, dismantlers, and rebuilders and salvage dealers and the regulation thereof; to change the provisions relating to veterinary medicine and the practice and regulation thereof; to provide for other matters relative to the foregoing; to provide for other matters relating to limited liability companies, the members thereof, and the practice of professions, businesses, trades, and occupations by limited liability companies or members thereof; to change or add certain pronouns; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part I Section 1. Title 14 of the Official Code of Georgia Annotated, relating to limited liability companies, is amended by striking Chapter 11, relating to foreign limited liability companies, which reads as follows: CHAPTER 11

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14-11-1. As used in this chapter, the term `foreign limited liability company' means a limited liability company formed under the laws of a jurisdiction other than this state. 14-11-2. (a) The laws of the jurisdiction under which a foreign limited liability company is organized govern its organization and internal affairs and the liability of its managers, members, and other owners, regardless of whether the foreign limited liability company procured or should have procured a certificate of authority under this chapter. (b) A foreign limited liability company may not be denied a certificate of authority by reason of any difference between the laws of the jurisdiction under which the foreign limited liability company is organized and the laws of this state. 14-11-3. (a) A foreign limited liability company transacting business in this state shall procure a certificate of authority to do so from the Secretary of State. In order to procure a certificate of authority to transact business in this state, a foreign limited liability company shall submit to the Secretary of State an application for a certificate of authority as a foreign limited liability company, signed by a person duly authorized to sign such instruments by the laws of the jurisdiction under which the foreign limited liability company is organized, setting forth: (1) The name of the foreign limited liability company and, if different, the name under which it proposes to qualify and transact business in this state; (2) The name of the jurisdiction under whose laws it is organized; (3) Its date of organization and period of duration; (4) The street address and county of its registered office in this state and the name of its registered agent at that office;

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(5) A statement that the Secretary of State is, pursuant to subsection (i) of Code Section 14-11-4, appointed the agent of the foreign limited liability company for service of process if no agent has been appointed under subsection (a) of Code Section 14-11-4 or, if appointed, the agent's authority has been revoked or the agent cannot be found or served by the exercise of reasonable diligence; (6) The address of the office required to be maintained in the jurisdiction of its organization by the laws of that jurisdiction or, if no such office is required, its principal office; (7) The address of the office at which is kept a list of the names and addresses of its members and other owners, together with an undertaking by it to keep those records until its registration in this state is canceled or revoked; and (8) The name and a business address of a person who, under the laws of the jurisdiction under which it was formed, has substantial responsibility for managing its business activities. (b) Without excluding other activities which may not constitute transacting business in this state, a foreign limited liability company shall not be considered to be transacting business in this state, for the purpose of qualification under this chapter, solely by reason of carrying on in this state any one or more of the following activities: (1) Maintaining or defending any action or administrative or arbitration proceeding or effecting the settlement thereof or the settlement of claims or disputes; (2) Holding meetings of its managers, members, or other owners or carrying on other activities concerning its internal affairs; (3) Maintaining bank accounts, share accounts in savings and loan associations, custodial or agency arrangements

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with a bank or trust company, or stock or bond brokerage accounts; (4) Maintaining offices or agencies for the transfer, exchange, and registration of membership or other ownership interests in it or appointing and maintaining trustees or depositaries with relation to such interests; (5) Effecting sales through independent contractors; (6) Soliciting or procuring orders, whether by mail or through employees or agents or otherwise, where such orders require acceptance outside this state before becoming binding contracts and where such contracts do not involve any local performance other than delivery and installation; (7) Making loans or creating or acquiring evidences of debt, mortgages, or liens on real or personal property or recording the same; (8) Securing or collecting debts or enforcing any rights in property securing the same; (9) Effecting transactions in interstate or foreign commerce; (10) Owning or controlling another entity organized under the laws of, or transacting business within, this state; (11) Conducting an isolated transaction not in the course of a number of repeated transactions of like nature; or (12) Serving as trustee, executor, administrator, or guardian or, in like fiduciary capacity, where permitted so to serve by the laws of this state. (c) The list of activities in subsection (b) of this Code section is not exhaustive.

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(d) This Code section shall not be deemed to establish a standard for activities that may subject a foreign limited liability company to taxation or to service of process under any of the laws of this state. 14-11-4. (a) Each foreign limited liability company that is required to procure a certificate of authority to do business in this state shall continuously maintain in this state a registered office and a registered agent at such registered office for service of process on the foreign limited liability company. (b) A registered agent must be an individual resident of this state, a domestic corporation, or a foreign corporation authorized to do business in this state. (c) A foreign limited liability company may change its registered office or its registered agent, or both, by indicating any such change on its annual registration statement filed pursuant to Code Section 14-11-14 or by executing and delivering to the Secretary of State for filing a statement setting forth: (1) The name of the foreign limited liability company; (2) The street address and county of its then registered office; (3) If the address of its registered office is to be changed, the new street address and county of the registered office; (4) The name of its then registered agent; and (5) If its registered agent is to be changed, the name of its successor registered agent. (d) If the Secretary of State finds that such statement conforms to subsection (c) of this Code section, he shall file such statement in his office; and upon such filing, the change of address of the registered office or the change of the registered

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agent, or both, as the case may be, shall become effective. (e) A registered agent of a foreign limited liability company may resign as such agent upon filing a written notice thereof with the Secretary of State. The appointment of such agent shall terminate upon the expiration of 30 days after receipt of such notice by the Secretary of State. There shall be attached to such notice an affidavit of such agent, if an individual, or of an officer thereof, if a corporation, that at least ten days prior to the date of filing such notice a written notice of the agent's intention to resign was mailed to the person, and at the address, indicated in its most recently filed annual registration statement pursuant to paragraph (5) of subsection (a) of Code Section 14-11-14, or, if no annual registration statement has been filed, in its application for a certificate of authority to transact business pursuant to paragraph (8) of subsection (a) of Code Section 14-11-3. Upon such resignation becoming effective, the address of the office of the resigned registered agent shall no longer be the address of the registered office of the foreign limited liability company. (f) A registered agent may change the agent's office and the address of the registered office of any foreign limited liability company of which the agent is the registered agent to another place within this state by filing a statement as required in subsection (c) of this Code section, except that it need be signed only by the registered agent and need not be responsive to paragraph (5) of subsection (c) of this Code section and must recite that a copy of the statement has been mailed to the person, and at the address, indicated in its most recently filed annual registration statement pursuant to paragraph (5) of subsection (a) of Code Section 14-11-14, or, if no annual registration statement has been filed, in its application for a certificate of authority to transact business pursuant to paragraph (8) of subsection (a) of Code Section 14-11-3. (g) The registered agent of one or more foreign limited liability companies may resign and appoint a successor registered agent by filing a statement with the Secretary of State

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stating that the agent resigns and stating the name, street address, and county of the office of the successor registered agent. There shall be attached to such statement a statement executed by each affected foreign limited liability company ratifying and approving such change of registered agent. Upon such filing, the successor registered agent shall become the registered agent of each such foreign limited liability company as has ratified and approved such substitution, and the successor registered agent's office, as stated in such statement, shall become the registered office in this state of each such foreign limited liability company. The Secretary of State shall furnish to the successor registered agent a certified copy of the statement of resignation. (h) The registered agent of a foreign limited liability company authorized to transact business in this state is an agent of the foreign limited liability company on whom may be served any process, notice, or demand required or permitted by law to be served on the foreign limited liability company. (i) Whenever a foreign limited liability company required to procure a certificate of authority to do business in this state shall fail to appoint or maintain a registered agent in this state, or whenever its registered agent cannot with reasonable diligence be found at the registered office, the Secretary of State shall be an agent of such foreign limited liability company upon whom any process, notice, or demand may be served. Service on the Secretary of State of any such process, notice, or demand shall be made by delivering to and leaving with him or with any persons designated by the Secretary of State to receive such service two copies of such process, notice, or demand. The plaintiff or his attorney shall certify in writing to the Secretary of State that the foreign limited liability company failed either to maintain a registered office or appoint a registered agent in this state and that he has forwarded by registered mail such process, service, or demand to the last registered agent at the last registered office listed on the records of the Secretary of State and that service cannot be effected at such office.

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(j) The Secretary of State shall keep a record of all processes, notices, and demands served upon him under this Code section and shall record therein the time of such service and his action with reference thereto. (k) This Code section does not prescribe the only means, or necessarily the required means, of serving any process, notice, or demand required or permitted by law to be served on a foreign limited liability company. (l) Venue in proceedings against a foreign limited liability company shall be determined in accordance with the pertinent constitutional and statutory provisions of this state in effect on July 1, 1992, or thereafter. For purposes of determining venue, the residence of each foreign limited liability company authorized to transact business in this state shall be determined in accordance with Code Section 14-2-510 as though such foreign limited liability company were a foreign corporation. 14-11-5. (a) If the Secretary of State finds that an application for a certificate of authority conforms to law and all requisite fees and any penalty due pursuant to Code Section 14-11-9 have been paid, he shall: (1) Stamp or otherwise endorse his official title and the date and time of receipt on the application; (2) File in his office a copy of the application; and (3) Issue a certificate of authority to transact business in this state. (b) The certificate of authority must be returned to the person who filed the application or such person's representative. (c) If the certificate of authority is issued by the Secretary of State, a foreign limited liability company shall be deemed authorized to transact business in this state from the time of filing its application for the certificate of authority.

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14-11-6. (a) A foreign limited liability company may apply for a certificate of authority with the Secretary of State under any name, whether or not it is the name under which it is registered in its jurisdiction of organization; provided, however, that such name: (1) Must contain the words `limited liability company' or `limited company' (it being permitted to abbreviate the word `limited' as `ltd.' and the word `company' as `co.') or the abbreviations `L.L.C.' or `L.C.'; (2) Must be distinguishable on the records of the Secretary of State from the name of any corporation, nonprofit corporation, limited partnership, foreign limited liability company, professional corporation, or professional association on file with the Secretary of State pursuant to this title; and (3) May not contain any words indicating that the business is organized other than as a limited liability company. (b) Whenever a foreign limited liability company is unable to procure a certificate of authority to transact business in this state because its name does not comply with paragraph (2) of subsection (a) of this Code section, it may nonetheless apply for authority to transact business in this state by adding in parentheses to its name in such application a word, abbreviation, or other distinctive and distinguishing element such as the name of the jurisdiction where it is organized. If in the judgment of the Secretary of State the name of the foreign limited liability company with such addition would comply with subsection (a) of this Code section, subsection (a) of this Code section shall not be a bar to the issuance to such foreign limited liability company of a certificate of authority to transact business in this state. In such case, any such certificate issued to such foreign limited liability company shall be issued in its name with such additions, and the foreign limited liability company shall use such name with such additions in all its dealings with the Secretary of State.

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14-11-7. A foreign limited liability company authorized to transact business in this state must procure an amended certificate of authority from the Secretary of State if it changes its name or its jurisdiction of organization. The requirements of Code Sections 14-11-3 and 14-11-5 for procuring an original certificate of authority shall apply to procuring an amended certificate under this Code section. 14-11-8. (a) A foreign limited liability company 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 limited liability company authorized to transact business in this state may apply for a certificate of withdrawal by delivering to the Secretary of State for filing an application that sets forth: (1) The name of the foreign limited liability company and the name of the jurisdiction under whose law it is organized; (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 pursuant to 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 the mailing address provided pursuant to paragraph (4) of this subsection.

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(c) After the withdrawal of the foreign limited liability company is effective, service of process on the Secretary of State under this Code section is service on the foreign limited liability company. Any party that serves process on the Secretary of State in accordance with this subsection shall also mail a copy of the process to the foreign limited liability company at the mailing address provided pursuant to subsection (b) of this Code section. 14-11-9. The Secretary of State may commence a proceeding under Code Section 14-11-10 to revoke the certificate of authority of a foreign limited liability company authorized to transact business in this state if: (1) The foreign limited liability company does not deliver its annual registration to the Secretary of State within 60 days after it is due; (2) The foreign limited liability company 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 limited liability company is without a registered agent or registered office in this state for 60 days or more; (4) The foreign limited liability company does not inform the Secretary of State under Code Section 14-11-4 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) A member, manager, other owner, or agent of the foreign limited liability company signed a document such person knew was false in a 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 records in the jurisdiction under

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whose law the foreign limited liability company is organized stating that it has been dissolved, terminated, or disappeared as the result of a merger. 14-11-10. (a) If the Secretary of State determines that one or more grounds exist under Code Section 14-11-9 for revocation of a certificate of authority, the Secretary of State shall provide the foreign limited liability company with written notice of such determination by mailing a copy of the notice, first-class mail, to the person and at the address indicated in its most recently filed annual registration statement pursuant to paragraph (5) of subsection (a) of Code Section 14-11-14 or, if no annual registration statement has been filed, in its application for a certificate of authority to transact business pursuant to paragraph (8) of subsection (a) of Code Section 14-11-3 or to the registered agent. (b) If the foreign limited liability company 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 the notice is provided to the foreign limited liability company, the Secretary of State may revoke the foreign limited liability company'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 limited liability company 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 limited liability company's certificate of authority appoints the Secretary of State as the foreign limited liability company's agent for service of process in any proceeding based on a cause of action which arose during the time the foreign limited liability company was authorized to transact business in this state. Service of process on the Secretary of State under this subsection is service on the foreign limited liability company. Any party that serves process on the Secretary of State shall also mail a copy of the process to the person and at the address indicated in its most recently filed annual registration

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statement pursuant to paragraph (5) of subsection (a) of Code Section 14-11-14 or, if no annual registration statement has been filed, in its application for a certificate of authority to transact business pursuant to paragraph (8) of subsection (a) of Code Section 14-11-3 or to the registered agent. This paragraph does not prescribe the only means, or necessarily the required means, of serving any process, notice, or demand required or permitted by law to be served on a foreign limited liability company. (e) Revocation of a foreign limited liability company's certificate of authority does not terminate the authority of the registered agent of the foreign limited liability company. 14-11-11. (a) A foreign limited liability company 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 14-11-10. The foreign limited liability company appeals by petitioning the court to set aside the revocation and attaching to the petition copies of its certificate of authority and the Secretary of State's certificate of revocation. (b) The court may summarily order the Secretary of State to reinstate the certificate of authority or may take any other action the court considers appropriate. (c) The court's final decision may be appealed as in other civil proceedings. 14-11-12. (a) A foreign limited liability company transacting business in this state may not maintain an action, suit, or proceeding in a court of this state until it is authorized to transact business in this state. (b) The failure of a foreign limited liability company to procure a certificate of authority does not impair the validity of any contract or act of the foreign limited liability company or prevent the foreign limited liability company from defending any action, suit, or proceeding in any court of this state.

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(c) A foreign limited liability company that transacts business in this state without registering as required by this chapter shall be liable to the state: (1) For all fees which would have been imposed by this chapter upon such foreign limited liability company had it registered as required by this chapter; and (2) If it has not been authorized to transact business in this state within 30 days after the first day on which it transacts business in this state, for a penalty of $500.00 for each year or part thereof during which it so transacts business. 14-11-13. The Attorney General may maintain an action to restrain a foreign limited liability company from transacting business in this state in violation of this chapter. 14-11-14. (a) Each foreign limited liability company authorized to transact business in this state shall deliver to the Secretary of State for filing an annual registration that sets forth: (1) The name of the foreign limited liability company and the jurisdiction under whose laws it is organized; (2) The street address and county of its registered office in this state and the name of its registered agent at that office; (3) The address of the office it is required to maintain in the jurisdiction of its organization by the laws of that jurisdiction or, if no such office is required to be maintained, of its principal office; (4) The address of the office at which is kept a list of the names and addresses of the members and other owners of the foreign limited liability company; (5) The name and a business address of a person who, under the laws of the jurisdiction under which the

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foreign limited liability company was formed, has substantial responsibility for managing the business activities of the foreign limited liability company; and (6) Any additional information that is necessary to enable the Secretary of State to carry out the provisions of this chapter. (b) Information in the annual registration must be current as of the date the annual registration is executed on behalf of the foreign limited liability company. (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 the foreign limited liability company was authorized to transact business in this state. 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 foreign limited liability company 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. 14-11-15. The Secretary of State shall collect the following fees and penalties when the documents described below are delivered to the Secretary of State for filing pursuant to the chapter: Document Fee (1) Application for certificate of authority to transact business $ 200.00 (2) Statement of change of registered office or registered agent 5.00 per foreign limited liability company, but not less than 20.00 (3) Registered agent's statement of resignation pursuant to subsection (c) of Code Section 14-11-4 No fee (4) Annual registration 25.00 (5) Any other document required or permitted to be filed by this chapter 20.00

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14-11-16. The Secretary of State shall have the power and authority reasonably necessary to enable him to administer this chapter efficiently and to perform the duties imposed upon him pursuant to this chapter, including, without limitation, the power and authority to employ from time to time such additional personnel as in his judgment are required for such purposes. 14-11-17. The Secretary of State may promulgate such rules and regulations, not inconsistent with the provisions of this chapter, which are incidental to and necessary for the implementation and enforcement of such provisions of this chapter as are administered by the Secretary of State. Such rules and regulations shall be promulgated in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' 14-11-18. The Secretary of State's duty to file documents under this chapter is ministerial. His filing or refusing to file a document does not: (1) Affect the validity or invalidity of the document in whole or part; (2) Relate to the correctness or incorrectness of information contained in the document; or

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(3) Create a presumption that the document is valid or invalid or that information contained in the document is correct or incorrect. 14-11-19. This chapter becomes effective on, and governs all foreign limited liability companies transacting business in this state on or after, July 1, 1992., and inserting in lieu thereof a new Chapter 11 to read as follows: CHAPTER 11 ARTICLE 1 14-11-100. This chapter may be cited as the `Georgia Limited Liability Company Act.' 14-11-101. As used in this chapter, unless the context otherwise requires, the term: (1) `Articles of organization' means the articles filed under Code Section 14-11-203 and such articles as amended or restated. (2) `Business entity' means a limited liability company, a foreign limited liability company, a limited partnership, a foreign limited partnership, a general partnership, a corporation, or a foreign corporation. (3) `Conflicting interest' with respect to a limited liability company means the interest a member or manager of the limited liability company has respecting a transaction effected or proposed to be effected by the limited liability company (or by a person in which the limited liability company has a controlling interest), with respect to which the member or manager has the power to act or vote, if: (A) Whether or not the transaction is brought before the members or managers responsible for the decision, as the case may be, of the limited

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liability company for action, to the knowledge of the member or manager at the time of commitment, he or she 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 member or manager or a related person that it would reasonably be expected to exert an influence on the member or manager's judgment if he or she were called upon to vote on the transaction; or (B) The transaction is brought (or is of such character and significance to the limited liability company that it would in the normal course be brought) before the members or managers responsible for the decision, as the case may be, of the limited liability company for action and, to the knowledge of the member or manager 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 member or manager's judgment if he or she were called upon to vote on the transaction: an entity (other than the limited liability company) of which the member or manager is a director, general partner, member, manager, agent, or employee; an entity that controls, is controlled by, or is under common control with one or more of the entities specified in the preceding clause; or an individual who is a general partner, principal, or employer of the member or manager. (4) `Contribution' means a contribution to the capital of a limited liability company authorized by Code Section 14-11-401. (5) `Corporation' means a corporation incorporated under Chapter 2 of this title. (6) `Distribution' means a direct or indirect transfer of money or other property (except its own limited liability company interests) by a limited liability company to

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or for the benefit of its members or their assignees in respect of any of its limited liability company interests. A distribution may be in the form of a transfer of money or other property; a purchase, redemption, or other acquisition of a limited liability company interest; a distribution of indebtedness; or otherwise. (7) `Event of dissociation' means an event that causes a person to cease to be a member, as provided in Code Section 14-11-601. (8) `Foreign corporation' means a corporation for profit formed under the laws of a jurisdiction other than this state. (9) `Foreign limited liability company' means a limited liability company formed under the laws of a jurisdiction other than this state. (10) `Foreign limited partnership' means a limited partnership formed under the laws of a jurisdiction other than this state. (11) `General partnership' means a partnership (other than a limited partnership) existing under the laws of this state or the laws of any other jurisdiction. (12) `Limited liability company' means a limited liability company formed under this chapter. (13) `Limited liability company interest' means a member's share of the profits and losses of a limited liability company and a member's right to receive distributions. (14) `Limited partnership' means a limited partnership formed under the laws of this state. (15) `Manager' means a person in whom management is vested in accordance with subsection (b) of Code Section 14-11-304.

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(16) `Member' means a person who has been admitted to a limited liability company as a member as provided in Code Section 14-11-505 and who has not ceased to be a member as provided in Code Section 14-11-601. (17) `Member or manager's conflicting interest transaction with respect to a limited liability company means a transaction effected or proposed to be effected by the limited liability company (or by a person in which the limited liability company has a controlling interest) respecting which a member or manager of the limited liability company having the power to act or vote has a conflicting interest. (18) `Operating agreement' means any agreement, written or oral, as to the conduct of the business and affairs of a limited liability company that is binding upon all of the members. A written operating agreement may provide that a person shall be admitted as a member of a limited liability company, or shall become an assignee of a limited liability company interest or other rights or powers of a member to the extent assigned, and shall become bound by the operating agreement and the provisions of the articles of organization (A) if such person (or a representative authorized by such person orally, in writing, or by other action such as payment for a limited liability company interest) executes the operating agreement or any other writing evidencing the intent of such person to become a member or assignee, or (B) without such execution, if such person (or a representative authorized by such person orally, in writing, or by other action such as payment for a limited liability company interest) complies with the conditions for becoming a member or assignee as set forth in the written operating agreement or any other writing and such person or representative requests in writing that the records of the limited liability company reflect such admission or assignment. (19) `Person' means an individual, business entity, business trust, estate, trust, association, joint venture,

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government, governmental subdivision or agency, or any other legal or commercial entity. (20) `Proceeding' means any threatened, pending, or completed action, suit, or proceeding, whether civil, criminal, administrative, or investigative and whether formal or informal. (21) `Related person' of a member or manager means: (A) A child, grandchild, sibling, parent, or spouse of, or an individual occupying the same household as, the member or manager or a trust or estate of which an individual specified in this subparagraph is a substantial beneficiary; or (B) A trust, estate, incompetent, conservator, or minor of which the member or manager is a fiduciary. (22) `Required disclosure' means disclosure by the member or manager who has a conflicting interest of (A) the existence and nature of his or her conflicting interest, and (B) all facts known to him or her 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. (23) `State' means the District of Columbia or the Commonwealth of Puerto Rico or any state, territory, possession, or other jurisdiction of the United States. (24) `Time of commitment' respecting a member's or manager's conflicting interest transaction means the time when the transaction is consummated or, if made pursuant to contract, the time when the limited liability company (or the person 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.

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ARTICLE 2 14-11-201. (a) A limited liability company may be formed under this chapter for any lawful purpose. If the purpose for which a limited liability company is formed makes it subject to a special provision of law, the limited liability company shall also comply with that provision. (b) A limited liability company formed under this chapter has, unless a more limited purpose is set forth in the articles of organization or a written operating agreement, the purpose of engaging in any lawful business in which corporations for profit, professional corporations, limited partnerships, or general partnerships formed in this state may engage. 14-11-202. Each limited liability company formed in this state shall have the same powers as any person has to do all things necessary to carry out its purpose, business, and affairs. 14-11-203. (a) One or more persons may act as the organizer or organizers of a limited liability company by delivering articles of organization to the Secretary of State for filing and supplying to the Secretary of State, in such form as the Secretary of State may require, the following information: (1) The name and address of each organizer; (2) The street address and county of the limited liability company's initial registered office and the name of its initial registered agent at that office; and (3) The mailing address of the limited liability company's principal place of business. (b) An organizer need not be a member of the limited liability company at the time of formation or thereafter.

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(c) A limited liability company is formed when the articles of organization become effective pursuant to Code Section 14-11-206. (d) The Secretary of State's filing of the articles of organization is conclusive proof that the organizers satisfied all conditions precedent to formation, except in a proceeding by the state to cancel or revoke the formation. 14-11-204. (a) The articles of organization shall set forth: (1) The name of the limited liability company, which name must satisfy the requirements of Code Section 14-11-207; and (2) The latest date on which the limited liability company is to dissolve. (b) The articles of organization may set forth: (1) That management of the limited liability company is vested in one or more managers; and (2) Any other provisions not inconsistent with law. 14-11-205. (a) Unless otherwise specified in any other Code section of this chapter, any document required or permitted by this chapter to be delivered to the Secretary of State for filing shall be executed: (1) By any member; (2) By any manager if management of the limited liability company is vested in one or more managers; (3) By any organizer if the limited liability company has been formed but it has no members or managers; or (4) If the limited liability company is in the hands of a receiver, trustee, or other court-appointed fiduciary, by that fiduciary.

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(b) The person executing the document shall sign it and state beneath or opposite his or her signature his or her name and the capacity in which he or she signs. (c) The person executing the document may do so as an attorney-in-fact. Powers of attorney relating to the execution of the document do not need to be shown to or filed with the Secretary of State. 14-11-206. (a) A signed original and one exact or conformed copy of any document required or permitted to be filed pursuant to this chapter shall be delivered to the Secretary of State. Unless the Secretary of State finds that the document does not conform to the filing provisions of this chapter, upon receipt of all filing fees and additional information required by law, he or she shall: (1) Stamp or otherwise endorse his or her official title and the date and time of receipt on both the original and copy; (2) File the original in his or her office; and (3) Return the copy to the person who delivered the document to the Secretary of State or the person's representative. (b) If the Secretary of State refuses to file a document, he or she shall return it to the limited liability company or its representative within ten days after the document was delivered, together with a brief written explanation of the reason for his or her refusal. (c) The Secretary of State's duty to file documents under this chapter is ministerial. (d) If thg Secretary of State finds that any document delivered for filing does not conform to the filing provisions of this chapter at the time such document is delivered to the Secretary of State, such document is deemed to have been filed at the time of delivery (or such later time and date as is authorized by paragraph (2) of subsection (e) or subsection

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(f) of this Code section) if the Secretary of State subsequently determines that: (1) The document as delivered so conforms to the filing provisions of this chapter; or (2) Within 30 days after notification of nonconformance is given by the Secretary of State to the person who delivered the documents for filing or that person's representative, the documents are brought into conformance. (e) Except as provided in subsection (d) of this Code section, a document accepted for filing is effective: (1) At the time of filing on the date it is filed, as evidenced by the Secretary of State's date and time endorsement on the original document; or (2) At the time specified in the document as its effective time on the date it is filed. (f) A document may specify a delayed effective time and date, and, if it does so, the document shall become effective at the time and date specified. If a delayed effective date but no effective time is specified, the document shall become effective at the close of business on that date. A delayed effective date for a document may not be later than the ninetieth day after the date on which it is filed. (g) A certificate attached to a copy of a document filed by the Secretary of State, bearing his or her 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. 14-11-207. (a) The name of each limited liability company shall be as set forth in its articles of organization and: (1) Must contain the words `limited liability company' or `limited company' (it being permitted to abbreviate the word `limited' as `ltd.' and the word `company' as `co.') or the abbreviation `L.L.C.', `LLC', `L.C.' or `LC';

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(2) Must be distinguishable on the records of the Secretary of State from the name of any corporation, limited liability company, or limited partnership; any foreign corporation, foreign limited liability company or foreign limited partnership having a certificate of authority to transact business in this state; any nonprofit corporation, professional corporation, or professional association, domestic or foreign, on file with the Secretary of State pursuant to this title; or any name reserved or registered under this title; and (3) Shall not in any instance exceed 80 characters, including spaces and punctuation. (b) This chapter does not control the use of fictitious or trade names. Issuance of a name under this chapter means that the name is distinguishable for filing purposes on the records of the Secretary of State pursuant to paragraph (2) of subsection (a) of this Code section. Issuance of a limited liability company name does not affect the commercial availability of the name. 14-11-208. (a) A person may apply to reserve the use of a limited liability company name that meets the requirements of subsection (a) of Code Section 14-11-207. If the Secretary of State finds that the limited liability company name applied for is available, he or she shall reserve the name for the applicant's use for a nonrenewable 90-day period. (b) A person who has in effect a name reservation under subsection (a) of this Code section may transfer the reservation to another person by delivering to the Secretary of State a signed notice of the transfer that states the name and address of the transferee. 14-11-209. (a) Each limited liability company shall continuously maintain in this state: (1) A registered office which may, but need not, be a place of its business in this state; and

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(2) A registered agent for service of process on the limited liability company. The address of the business office of the registered agent shall be the same as the address of the registered office referred to in paragraph (1) of this subsection. (b) A registered agent must be an individual resident of this state, a corporation, or a foreign corporation having a certificate of authority to transact business in this state. (c) A limited liability company may change its registered office or its registered agent, or both, by indicating any such change on its annual registration filed pursuant to this chapter or by delivering to the Secretary of State for filing a statement setting forth: (1) The name of the limited liability company; (2) The street address and county of its then registered office; (3) If the address of its registered office is to be changed, the new street address and county of the registered office; (4) The name of its then registered agent; and (5) If its registered agent is to be changed, the name of its successor registered agent. (d) A registered agent of a limited liability company may resign as such agent by signing and delivering to the Secretary of State for filing a statement of resignation, which may include a statement that the registered office is also discontinued. 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 registered agent's intention to resign to the limited liability company at the most recent mailing address of the limited liability company's principal place of business in this state listed in the records of the Secretary of State. The agency appointment is terminated, and the registered office discontinued if so provided, on the earlier of the

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filing of the limited liability company's annual registration or a statement designating a new registered agent and registered office if also discontinued or the thirty-first day after the date on which the statement of resignation was filed. (e) A registered agent may change the agent's office and the address of the registered office of any limited liability company of which the agent is the registered agent to another place within this state by filing a statement, as required in subsection (c) of this Code section, setting forth the required information for all limited liability companies for which he or she is the registered agent, except that it need be signed only by the registered agent and need not be responsive to paragraph (5) of subsection (c) of this Code section and must recite that a copy of the statement has been mailed to the limited liability company at the most recent mailing address of the limited liability company's principal place of business listed on the records of the Secretary of State. (f) The registered agent of one or more limited liability companies may resign and appoint a successor registered agent by signing and delivering to the Secretary of State for filing a statement stating that the agent resigns and the name and street address and county of the office of the successor registered agent. There shall be attached to such statement a statement executed by each affected limited liability company ratifying and approving such change of registered agent. Upon such filing, the successor registered agent shall become the registered agent of such limited liability companies as have ratified and approved such substitution, and the successor registered agent's office, as stated in such statement, shall become the registered office in this state of each such limited liability company. The Secretary of State shall furnish to the successor registered agent a certified copy of the statement filed pursuant to this subsection. (g) Whenever a limited liability company shall fail to appoint or maintain a registered agent in this state or whenever its registered agent cannot with reasonable diligence be found at the registered office, then the Secretary of State shall be an agent of such limited liability company upon

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whom any process, notice, or demand may be served. Service on the Secretary of State of any such process, notice, or demand shall be made by delivering to and leaving with him or her or with any other person or persons designated by the Secretary of State to receive such service two copies of such process, notice, or demand. The plaintiff or his or her attorney shall certify in writing to the Secretary of State that the limited liability company failed either to maintain a registered office or appoint a registered agent in this state and that he or she has forwarded by registered or certified mail such process, notice, or demand to the most recent registered office listed on the records of the Secretary of State and that service cannot be effected at such office. (h) The Secretary of State shall keep a record of all processes, notices, and demands served upon him or her under this Code section and shall record therein the time of such service and his or her action with reference thereto. (i) This Code section does not prescribe the only means, or necessarily the required means, of serving any process, notice, or demand required or permitted by law to be served on a limited liability company. 14-11-210. (a) A limited liability company amending its articles of organization shall deliver to the Secretary of State for filing articles of amendment setting forth: (1) The name of the limited liability company; (2) The date the articles of organization were filed; (3) The amendment to the articles of organization; and (4) The effective date and time of the amendment if later than the date and time the articles of amendment are filed. (b) The articles of organization may be amended in any and as many respects as may be desired so long as the articles of organization as amended contain only provisions that

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may be lawfully contained in articles of organization at the time of making the amendment. (c) Articles of organization may be restated to include only those provisions then in effect, or amended and so restated, at any time. Restated articles of organization shall be delivered to the Secretary of State for filing and shall be specifically designated as such in the heading. 14-11-211. (a) A limited liability company or foreign limited liability company may correct a document filed by the Secretary of State if the document: (1) Contains an incorrect statement; or (2) Was defectively executed. (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 of correction; (B) Specify the incorrect statement and the reason it is incorrect or the manner in which the execution was defective; and (C) Correct the incorrect statement or defective execution; and (2) By delivering the articles to the Secretary of State for filing. (c) Articles of correction that are filed by the Secretary of State are effective on the effective date of the document they correct except as to persons relying on the uncorrected document and adversely affected by the correction. As to those persons, articles of correction are effective when filed.

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14-11-212. (a) A corporation, limited partnership, or general partnership may elect to become a limited liability company. Such election shall require (1) compliance with Code Section 14-2-1109.1 in the case of a corporation, or (2) the approval of all of its partners (or such other approval as may be sufficient under applicable law to authorize such election) in the case of a limited partnership or general partnership. (b) Such election is made by delivering a certificate of election to the Secretary of State for filing. The certificate shall set forth: (1) The name of the corporation, limited partnership, or general partnership making the election; (2) That the corporation, limited partnership, or general partnership elects to become a limited liability company; (3) The effective date and time of such election if later than the date and time the certificate of election is filed; (4) That the election has been approved as required by subsection (a) of this Code section; (5) That filed with the certificate of election are articles of organization that are in the form required by Code Section 14-11-204, that set forth a name for the limited liability company that satisfies the requirements of Code Section 14-11-207, and that shall be the articles of organization of the limited liability company formed pursuant to such election unless and until modified in accordance with this chapter; and (6) A statement that either (A) states the manner and basis for converting the shares of the corporation or the interests of the partners in the limited partnership or general partnership into interests as members of the limited liability company formed pursuant to such election, or (B) states (i) that a written operating agreement has

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been entered into among the persons who will be the members of the limited liability company formed pursuant to such election, (ii) that such operating agreement will be effective immediately upon the effectiveness of such election, and (iii) that such operating agreement provides for the manner and basis of such conversion. (c) Upon the election becoming effective: (1) The corporation, limited partnership, or general partnership shall become a limited liability company formed under this chapter by such election; (2) The shares of the corporation or the interests of the partners of the limited partnership or general partnership making the election shall be converted on the basis stated or referred to in the certificate of election in accordance with paragraph (6) of subsection (b) of this Code section; (3) The articles of organization filed with the certificate of election shall be the articles of organization of the limited liability company formed pursuant to such election unless and until amended in accordance with this chapter; (4) The articles of incorporation and bylaws of the corporation, certificate of limited partnership and partnership agreement of the limited partnership, or partnership agreement and statement of partnership, if any, of the general partnership making the election shall be of no further force or effect; (5) The limited liability company formed by such election shall thereupon and thereafter possess all of the rights, privileges, immunities, franchises, and powers of the corporation, limited partnership, or general partnership making the election; and all property, real, personal, and mixed, and all debts due to such corporation, limited partnership, or general partnership, as well as all other choses in action, and each and every other interest of or belonging to or due to the corporation, limited partnership,

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or general partnership shall be taken and deemed to be vested in the limited liability company formed by such election without further act or deed; and the title to any real estate, or any interest therein, vested in the corporation, limited partnership, or general partnership shall not revert or be in any way impaired by reason of such election; and (6) The limited liability company formed by such election shall thereupon and thereafter be responsible and liable for all the liabilities and obligations of the corporation, limited partnership, or general partnership making the election, and any claim existing or action or proceeding pending by or against such corporation, limited partnership, or general partnership may be prosecuted as if such election had not become effective. Neither the rights of creditors nor any liens upon the property of the corporation, limited partnership, or general partnership shall be impaired by such election. ARTICLE 3 14-11-301. (a) Except as provided in subsection (b) of this Code section, every member is an agent of the limited liability company for the purpose of its business and affairs, and the act of any member, including, but not limited to, the execution in the name of the limited liability company of any instrument for apparently carrying on in the usual way the business and affairs of the limited liability company of which he or she is a member, binds the limited liability company, unless the member so acting has, in fact, no authority to act for the limited liability company in the particular matter, and the person with whom he or she is dealing has knowledge of the fact that the member has no such authority. (b) If the articles of organization provide that management of the limited liability company is vested in a manager or managers: (1) No member, acting solely in the capacity as a member, is an agent of the limited liability company; and

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(2) Every manager is an agent of the limited liability company for the purpose of its business and affairs, and the act of any manager, including, but not limited to, the execution in the name of the limited liability company of any instrument for apparently carrying on in the usual way the business and affairs of the limited liability company of which he or she is a manager, binds the limited liability company, unless the manager so acting has, in fact, no authority to act for the limited liability company in the particular matter, and the person with whom he or she is dealing has knowledge of the fact that the manager has no such authority. (c) An act of a manager or a member that is not apparently for the carrying on in the usual way the business or affairs of the limited liability company does not bind the limited liability company unless authorized in accordance with a written operating agreement at the time of the transaction or at any other time. (d) No act of a manager or member in contravention of a restriction on authority shall bind the limited liability company to persons having knowledge of the restriction. 14-11-302. Limitations on the authority of any or all members or managers that are set forth in a limited liability company's articles of organization shall be conclusively presumed in favor of the limited liability company and against a grantee of the limited liability company, or a person claiming through such grantee, with respect to limited liability company real property located in a county of this state if a copy of the articles of organization certified by the Secretary of State is filed in the office of the clerk of the superior court of the county where the real property is located and recorded in the book kept by such clerk for statements of partnership pursuant to Code Section 14-8-10.1. 14-11-303. A person who is a member, manager, agent, or employee of a limited liability company is not liable, solely by reason of being a member, manager, agent, or employee of the limited liability company, under a judgment, decree, or order of a court, or in any other manner, for a

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debt, obligation, or liability of the limited liability company, whether arising in contract, tort, or otherwise, or for the acts or omissions of any other member, manager, agent, or employee of the limited liability company, whether arising in contract, tort, or otherwise. 14-11-304. (a) Unless the articles of organization or a written operating agreement vests management of the limited liability company in a manager or managers, management of the business and affairs of the limited liability company shall be vested in the members, and, subject to any provisions in the articles of organization or a written operating agreement, the members shall have the right and authority to manage the affairs of the limited liability company and to make all decisions with respect thereto. The articles of organization or a written operating agreement may contain any provision relating to any phase of managing the business or regulating the affairs of the limited liability company. (b) If the articles of organization or a written operating agreement vests management of the limited liability company in one or more managers, then such persons shall have such right and authority to manage the business and affairs of the limited liability company as is provided in the articles of organization or a written operating agreement. Unless otherwise provided in the articles of organization or a written operating agreement, such persons: (1) Shall be designated, appointed, elected, removed, or replaced by the approval of more than one half by number of the members; (2) Need not be members of the limited liability company or natural persons; and (3) Unless they have been earlier removed or have earlier resigned, shall hold office until their successors shall have been elected and qualified. (c) A written operating agreement may provide that (1) a member or manager who fails to perform in accordance with, or to comply with the terms and conditions of, the

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written operating agreement shall be subject to specified penalties or specified consequences, and (2) at the time or upon the happening of events specified in a written operating agreement, a member or manager shall be subject to specified penalties or specified consequences. (d) A person who is both a manager and member has the rights and powers, and is subject to the restrictions and liabilities, of a manager and, except as provided in the articles of organization or a written operating agreement, also has the rights and powers, and is subject to the restrictions and liabilities, of a member to the extent of his or her participation in the limited liability company as a member. 14-11-305. In managing the business or affairs of a limited liability company: (1) A member or manager shall act in a manner he or she believes in good faith to be in the best interests of the limited liability company and with the care an ordinarily prudent person in a like position would exercise under similar circumstances. A member or manager is not liable to the limited liability company, its members, or its managers for any action taken in managing the business or affairs of the limited liability company if he or she performs the duties of his or her office in compliance with this Code section. A person who is a member of a limited liability company in which management is vested in one or more managers, and who is not a manager, shall have no duties to the limited liability company or to the other members solely by reason of acting in his or her capacity as a member; (2) A member or manager, as the case may be, is entitled to rely on information, opinions, reports, or statements, including but not limited to financial statements or other financial data, if prepared or presented by: (A) One or more members, managers, or employees of the limited liability company whom the member or manager reasonably believes to be reliable and competent in the matter presented;

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(B) Legal counsel, public accountants, or other persons as to matters the member or manager reasonably believes are within the person's professional or expert competence; or (C) A committee of members or managers of which he or she is not a member if the manager reasonably believes the committee merits confidence; (3) In the instances described in paragraph (1) of this Code section, a member or manager is not entitled to rely if he or she has knowledge concerning the matter in question that makes reliance otherwise permitted by paragraph (1) of this Code section unwarranted; and (4) To the extent that, pursuant to paragraph (1) of this Code section or otherwise at law or in equity, a member or manager has duties (including fiduciary duties) and liabilities relating thereto to a limited liability company or to another member or manager: (A) The member's or manager's duties and liabilities may be expanded, restricted, or eliminated by provisions in the articles of organization or a written operating agreement; provided, however, that no such provision shall eliminate or limit the liability of a member or manager: (i) For intentional misconduct or a knowing violation of law; or (ii) For any transaction for which the person received a personal benefit in violation or breach of any provision of a written operating agreement; and (B) The member or manager shall have no liability to the limited liability company or to any other member or manager for his or her good faith reliance on the provisions of a written operating agreement, including, without limitation, provisions

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thereof that relate to the scope of duties (including fiduciary duties) of members and managers. 14-11-306. Subject to such standards and restrictions, if any, as are set forth in the articles of organization or a written operating agreement, a limited liability company may, and shall have the power to, indemnify and hold harmless any member or manager or other person from and against any and all claims and demands whatsoever arising in connection with the limited liability company; provided, however, that no limited liability company shall have the power to indemnify any member or manager for any liability that may not be eliminated or limited by the articles of organization or a written operating agreement by reason of division (4)(A)(i) or (ii) of Code Section 14-11-305. 14-11-307. (a) The provisions of this Code section shall apply to a limited liability company unless its articles of organization or a written operating agreement provides that they shall not apply. If the provisions of this Code section apply to a limited liability company, its articles of organization or a written operating agreement may limit, expand, or modify, in any manner whatsoever, the effect thereof. If the provisions of this Code section do not apply to a limited liability company, its articles of organization or a written operating agreement may, but is not required to, contain any provision whatsoever relating to transactions that might give rise to conflicts of interest for members or managers. (b) A transaction effected or proposed to be effected by a limited liability company (or by a person in which the limited liability company has a controlling interest) that is not a member's or manager'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 limited liability company, on the ground of a conflicting interest in the transaction of a member or manager or any person with whom or which he or she has a personal, economic, or other association.

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(c) A member's or manager'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 limited liability company, on the ground of a conflicting interest in the transaction of the member or manager, as the case may be, or any person with whom or which he or she has a personal, economic, or other association, if: (1) The member's or manager's action respecting the transaction was at any time taken in compliance with this Code section; or (2) The transaction, judged in the circumstances at the time of commitment, is established to have been fair to the limited liability company. (d) A member's or manager's action respecting a transaction is effective for purposes of paragraph (1) of subsection (c) of this Code section if the transaction received the approval of a majority of those qualified members or managers who expressed approval or disapproval of the transaction after either required disclosure to them (to the extent the information was not known by them) or compliance with subsection (e) of this Code section. (e) If a member or manager has a conflicting interest respecting a transaction, but neither he or she nor a related person of the member or manager specified in paragraph (21) of Code Section 14-11-101 is a party thereto, and if the member or manager 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 member or manager cannot, consistent with that duty, make the disclosure contemplated by paragraph (22) of Code Section 14-11-101, then disclosure is sufficient for purposes of subsection (d) of this Code section if the member or manager: (1) Discloses to the members or managers voting on the transaction the existence and nature of his or her conflicting interest and informs them of the character of

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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. (f) A majority of all the qualified members or managers constitutes a quorum for purposes of action that complies with this Code section. Members' or managers' action that otherwise complies with this Code section is not affected by the presence or vote of a member or manager who is not a qualified member or manager. (g) For purposes of this Code section, `qualified member or manager' means, with respect to a member's or manager's conflicting interest transaction, any member (if management of the limited liability company is not vested in a manager or managers) or manager (if management of the limited liability company is vested in a manager or managers) who does not have either a conflicting interest respecting the transaction or a familial, financial, professional, or employment relationship with a second member or manager 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 member's or manager's judgment when voting on the transaction. 14-11-308. (a) Except as otherwise provided in this chapter or in the articles of organization or a written operating agreement, and subject to subsection (b) of this Code section: (1) If management of the limited liability company is vested in the members, each member shall have one vote with respect to, and the affirmative vote, approval, or consent of a majority of the members shall be required to decide, any matter arising in connection with the business and affairs of the limited liability company; and (2) If management of the limited liability company is vested in a manager or managers, each manager shall have one vote with respect to, and the affirmative vote,

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approval, or consent of a majority of the managers shall be required to decide, any matter arising in connection with the business and affairs of the limited liability company. (b) Unless otherwise provided in the articles of organization or a written operating agreement, the unanimous vote or consent of the members shall be required to approve the following matters: (1) The dissolution the limited liability company under paragraph (3) of Code Section 14-11-602; (2) The merger of the limited liability company under subsection (a) of Code Section 14-11-903; (3) The sale, exchange, lease, or other transfer of all or substantially all of the assets of the limited liability company. For the purposes of this paragraph, assets shall be deemed to be less than all or substantially all of a limited liability company's assets if the value of the assets does not exceed two-thirds of the value of all of the assets of the limited liability company and the revenues represented or produced by such assets do not exceed two-thirds of the total revenues of the limited liability company; provided, however, that this paragraph shall not create any inference that the sale, exchange, lease, or other transfer of assets exceeding the amounts described in this paragraph is the sale of all or substantially all of the assets of the limited liability company; (4) The admission of any new member of the limited liability company under subsection (b) of Code Section 14-11-504; (5) An amendment to the articles of organization under Code Section 14-11-210 or an amendment to a written operating agreement; (6) Action under subsection (b) of Code Section 14-11-402 to reduce or eliminate an obligation to make a contribution to the capital of a limited liability company;

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(7) Action to approve a distribution under Code Section 14-11-404; or (8) Action to continue a limited liability company under paragraph (4) of Code Section 14-11-602. 14-11-309. Except as otherwise provided in the articles of organization or a written operating agreement: (1) Action required or permitted by this chapter to be taken by members or managers may be taken without a meeting if the action is taken by all the members or managers entitled to vote on the action or, if so provided in the articles of organization or a written operating agreement, by persons who would be entitled to vote not less than the minimum number of votes that would be necessary to authorize or take the action. The action must be evidenced by one or more written consents describing the action taken, signed by members or managers entitled to take such action, and delivered to the limited liability company for inclusion in its records; (2) If not otherwise fixed under the articles of organization or a written operating agreement, the record date for determining members or managers entitled to take action without a meeting is the date the first member or manager signs the consent; (3) A consent signed under this Code section has the effect of a meeting vote and may be described as such in any document; and (4) If action is taken under this Code section by less than all of the members or managers entitled to vote on the action, all members or managers entitled to vote on the action who did not participate in taking the action shall be given written notice of the action not more than ten days after the taking of the action without a meeting, but the failure to give such notice shall not invalidate the action so taken.

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14-11-310. (a) Except as otherwise provided in the articles of organization or a written operating agreement, if the limited liability company has more than one manager: (1) Meetings of managers may be called by any manager; (2) At least two days' notice of any meeting of managers shall be given by any manager calling the meeting; (3) Managers may participate in any meeting by, or conduct the meeting through the use of, any means of communication by which all members participating may simultaneously hear each other during the meeting. A manager participating in a meeting by this means is deemed to be present in person at the meeting; (4) A majority in number of managers shall constitute a quorum for a meeting of managers; and (5) The act of a majority of managers at a meeting of managers at which a quorum is present shall be required for managers to take action on any matter where a vote of managers is required. (b) Unless otherwise provided in the articles of organization or a written operating agreement: (1) Meetings of members may be called by at least 25 percent of the members; (2) At least two days' notice of all meetings of members shall be given by the members authorized to call meetings; (3) Members may participate in any meeting by, or conduct the meeting through the use of, any means of communication by which all members participating may simultaneously hear each other during the meeting. A member participating in a meeting by this means is deemed to be present in person at the meeting;

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(4) A majority of the members shall constitute a quorum for a meeting of members; and (5) Except as otherwise provided in this chapter, the act of a majority of members present at a meeting at which a quorum is present shall be required to take action on any matter where a vote of members is required. 14-11-311. Except as otherwise provided in the articles of organization or a written operating agreement: (1) Notice shall be in writing unless oral notice is reasonable under the circumstances; (2) Notice may be communicated in person; by telephone, telegraph, teletype, or other form of wire or wireless communication; or by mail or private carrier. If these forms of personal notice are impracticable, notice may be communicated by a newspaper of general circulation in the area where published or by radio, television, or other form of public broadcast communication; (3) Written notice to a person that is required by this title to maintain a registered agent and a registered office in this state may be, but is not required to be, addressed to its registered agent at its registered office; (4) Written notice, if in a comprehensible form, is effective at the earliest of the following: (A) When received, or when delivered, properly addressed, as permitted by paragraph (2) of this Code section or to the addressee's last known principal place of business or residence; (B) Five days, or such other period as shall be provided in the articles of organization or a written operating agreement, after its deposit in the mail, as evidenced by the postmark, if mailed with firstclass postage prepaid and correctly addressed to a member or manager at the address shown in the limited

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liability company's current record of members or managers; or (C) 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; (5) Oral notice is effective when communicated if communicated in a comprehensible manner; (6) 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; and (7) If this chapter prescribes notice requirements for particular circumstances, those requirements govern. 14-11-312. Except as otherwise provided in the articles of organization or a written operating agreement: (1) A member or manager may waive any notice required by this chapter, the articles of organization, or an operating agreement before or after the date and time stated in the notice. The waiver must be in writing, be signed by the member or manager entitled to the notice, and be delivered to the limited liability company for inclusion in its records; (2) A member or manager's attendance at a meeting: (A) Waives objection to lack of notice or defective notice of the meeting, unless the member or manager at the beginning of the meeting objects to holding the meeting or transacting business at the meeting; and

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(B) 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 or manager objects to considering the matter when it is presented; and (3) Unless required by a written operating agreement, neither the business transacted nor the purpose of the meeting need be specified in the waiver. 14-11-313. Except as otherwise provided in the articles of organization or a written operating agreement: (1) Each limited liability company shall keep at its principal office the following: (A) A current list of the name and last known address of each member and manager; (B) Copies of records that would enable a member to determine the relative voting rights, if any, of the members; (C) A copy of the articles of organization, together with any amendments thereto; (D) Copies of the limited liability company's federal, state, and local income tax returns, if any, for the three most recent years; (E) A copy of any operating agreement that is in writing, together with any amendments thereto; and (F) Copies of financial statements, if any, of the limited liability company for the three most recent years; (2) A member may:

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(A) At the member's own expense, inspect and copy any limited liability company record upon reasonable request during ordinary business hours; (B) Obtain from time to time upon reasonable demand: (i) True and complete information regarding the state of the business and financial condition of the limited liability company; (ii) Promptly after becoming available, a copy of the limited liability company's federal, state, and local income tax returns, if any, for each year; and (iii) Other information regarding the affairs of the limited liability company as is just and reasonable; and (3) If the limited liability company refuses to permit the inspection authorized by paragraph (2) of this Code section, the member demanding inspection may apply to the superior court for the county in which the registered office of the limited liability company is located, upon such notice as the court may require, for an order directing the limited liability company to show cause why an order permitting such inspection by the applicant should not be granted. The court shall hear the parties summarily, by affidavit or otherwise, and if the limited liability company fails to establish that the applicant is not entitled to such inspection, the court shall grant an order permitting such inspection, subject to any limitations which the court may prescribe, and grant such other relief, including costs and reasonable attorneys' fees, as the court may deem just and proper. 14-11-314. This chapter does not alter any law applicable to the relationship between a person rendering professional services and a person receiving those services, including liability arising out of those professional services. This chapter does not alter any law with respect to disregarding

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legal entities. The failure of a limited liability company to observe formalities relating to the exercise of its powers or the management of its business and affairs is not a ground for imposing personal liability on a member, manager, agent, or employee of the limited liability company for liabilities of the limited liability company. ARTICLE 4 14-11-401. A contribution to the capital of a limited liability company may be in cash, tangible or intangible property, services rendered, or a promissory note or other obligation to contribute cash or tangible or intangible property, or to perform services. 14-11-402. (a) Notwithstanding any other provision of law regarding unwritten contracts, including but not limited to Code Section 13-5-31, a promise to make a contribution to the capital of a limited liability company is not enforceable unless it is set out in the articles of organization or a written operating agreement that is binding on the person to be charged or in another writing signed by that person. (b) Unless otherwise provided in the articles of organization or a written operating agreement, the obligation of a person to make a contribution to the capital of a limited liability company may be reduced or eliminated only with the unanimous consent of the members. (c) A written operating agreement may provide that the interest of any member who fails to make any contribution that he or she is obligated to make shall be subject to specified penalties for, or specified consequences of, such failure. Such penalty or consequence may take the form of reducing or eliminating the defaulting member's proportionate interest in a limited liability company, subordinating his or her limited liability company interest to that of nondefaulting members, a forced sale of his or her limited liability company interest, forfeiture of his or her limited liability company interest, the lending by other members of the amounts necessary to meet his or her commitment, a fixing of the value of his or her limited liability company interest by appraisal

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or by formula and redemption or sale of his or her limited liability company interest at such value, or other penalty or consequence. 14-11-403. The profits and losses, and each item thereof, of a limited liability company shall be allocated among the members in the manner provided in the articles of organization or in a written operating agreement. If the articles of organization or a written operating agreement does not so provide, profits and losses, and each item thereof, shall be allocated equally among the members. 14-11-404. A member shall be entitled to receive distributions from a limited liability company before the dissolution and winding up of the limited liability company only to the extent, and at the times or upon the happening of the events, specified in the articles of organization or a written operating agreement, or as otherwise approved by all of the members. Subject to Code Section 14-11-405, distributions by a limited liability company to its members, both prior to and after the dissolution of the limited liability company, shall be shared among the members in the manner provided in the articles of organization or a written operating agreement. Subject to Code Section 14-11-405, if the articles of organization or a written operating agreement does not provide the manner in which distributions are to be shared, distributions shall be shared equally among the members. 14-11-405. Except as otherwise provided in the articles of organization or a written operating agreement, and subject to Code Section 14-11-407, a member with respect to which an event of dissociation occurs (other than one of the events specified in paragraphs (2+ and (4) of subsection (a) of Code Section 14-2-601) is entitled to receive, within a reasonable time after the occurrence of the event, the fair value of the member's interest in the limited liability company as of the date of such occurrence, but only if such event does not result in dissolution of the limited liability company. 14-11-406. Except as provided in the articles of organization or a written operating agreement:

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(1) A member, regardless of the nature of the member's contribution, has no right to demand and receive any distribution from a limited liability company in any form other than cash; and (2) No member may be compelled to accept from a limited liability company a distribution of any asset in kind to the extent that the percentage of the asset distributed to the member exceeds a percentage that is equal to the percentage in which the member shares in distributions from the limited liability company. 14-11-407. (a) No distribution to a member, to an assignee, or with respect to the interest of a member as to which an event of dissociation has occurred may be made if, after giving effect to the distribution: (1) The limited liability company would not be able to pay its debts as they become due in the usual course of business; or (2) The limited liability company's total assets would be less than the sum of its total liabilities plus, unless the articles of organization or a written operating agreement provides otherwise, the amount that would be needed, if the limited liability company were to be dissolved at the time of the distribution, to satisfy the preferential rights, if any, of other members upon dissolution that are superior to the rights of the member receiving the distribution. (b) The limited liability company may base a determination that a distribution is not prohibited under subsection (a) of this Code section either on: (1) Financial statements prepared on the basis of accounting practices and principles that are reasonable under the circumstances; or (2) A fair valuation or other method that is reasonable under the circumstances.

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(c) Except as provided in subsection (e) of this Code section, the effect of a distribution under subsection (a) of this Code section is measured: (1) In the case of distribution by purchase, redemption, or other acquisition of a limited liability company interest, as of the earlier of: (A) The date money or other property is transferred or debt incurred by the limited liability company; or (B) The date the member ceases to be a member with respect to the acquired limited liability company interest; (2) In the case of any other distribution of indebtedness, as of the date the indebtedness is distributed; and (3) In all other cases, as of: (A) The date the distribution is authorized if payment occurs within 120 days after the date of authorization; or (B) The date the payment is made if it occurs more than 120 days after the date of authorization. (d) A limited liability company's indebtedness incurred by reason of a distribution made in accordance with this Code section is at parity with the limited liability company's indebtedness to its general, unsecured creditors, except to the extent subordinated by agreement or except to the extent secured. (e) Indebtedness of a limited liability company, including indebtedness issued as a distribution, is not considered a liability for purposes of determinations made under subsection (a) of this Code section if its terms provide that payment of principal and interest is to be made only if, and to the extent that, payment of a distribution to members could

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then be made under this Code section, and if such indebtedness is issued as a distribution, each payment of principal or interest on the indebtedness is treated as a distribution, the effect of which is measured on the date the payment is actually made. 14-11-408. (a) A member or manager who votes for or expressly consents to a distribution that is made in violation of the articles of organization, a written operating agreement, or Code Section 14-11-407 is personally liable to the limited liability company for the amount of the distribution that exceeds what could have been distributed without violating the articles of organization, written operating agreement, or Code Section 14-11-407, if it is established that such member or manager did not act in compliance with Code Section 14-11-407 and violated a duty owed under Code Section 14-11-305 (without regard to any limitation on such duty permitted by paragraph (4) of Code Section 14-11-305). (b) Each member or manager held liable under subsection (a) of this Code section for an unlawful distribution is entitled to contribution: (1) From each other member or manager who could be held liable under subsection (a) of this Code section for the unlawful distribution; and (2) From each member for the amount the member received knowing that the distribution was made in violation of the articles of organization, written operating agreement, or Code Section 14-11-407. (c) A proceeding under this Code section is barred unless it is commenced within two years after the date on which the effect of the distribution is measured under Code Section 14-11-407. 14-11-409. At the time a member becomes entitled to receive a distribution, the member has the status of, and is entitled to all remedies available to, a creditor of the limited liability company with respect to the distribution.

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ARTICLE 5 14-11-501. (a) A limited liability company interest is personal property. A member has no interest in specific limited liability company property. (b) An operating agreement or the articles of organization may provide that a limited liability company interest may be evidenced by a certificate issued by the limited liability company. 14-11-502. Except as otherwise provided in the articles of organization or a written operating agreement: (1) A limited liability company interest is assignable in whole or in part; (2) An assignment entitles the assignee to share in the profits and losses and to receive the distributions to which the assignor was entitled, to the extent assigned; (3) An assignment of a limited liability company interest does not of itself dissolve the limited liability company or entitle the assignee to participate in the management and affairs of the limited liability company or to become or exercise any rights of a member until admitted as a member pursuant to Code Section 14-11-505; (4) Until the assignee of a limited liability company interest becomes a member, the assignor continues to be a member with respect to the assigned limited liability company interest, subject to the other members' right to remove the assignor pursuant to subparagraph (a)(3)(B) of Code Section 14-11-601; (5) Until the assignee of a limited liability company interest becomes a member, the assignee shall have no liability as a member solely as a result of the assignment; (6) A member who assigns his or her entire limited liability company interest ceases to be a member or to have the power to exercise any rights of a member when

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all of the assignees of his or her entire limited liability company interest become members with respect to the assigned limited liability company interest, subject to the other members' right to remove the assignor earlier pursuant to subparagraph (a)(3)(B) of Code Section 14-11-601; and (7) The pledge of, or granting of a security interest, lien, or other encumbrance in or against, any or all of the limited liability company interest of a member is not an assignment and shall not cause the member to cease to be a member or to cease to have the power to exercise any rights or powers of a member. 14-11-503. Except as otherwise provided in the articles of organization or a written operating agreement: (1) An assignee of a limited liability company interest may become a member only if the other members unanimously consent; (2) An assignee who has become a member has, to the extent assigned, the rights and powers, and is subject to the restrictions and liabilities, of a member under the articles of organization, any operating agreement, and this chapter; (3) An assignee who becomes a member is liable for the obligations to make contributions that are enforceable against his or her assignor under Code Section 14-11-402, but he or she is not liable for: (A) The obligations of his or her assignor under Code Section 14-11-408; or (B) Other obligations of his or her assignor (including obligations to make contributions) of which the assignee had no knowledge at the time he or she became a member and which could not be ascertained from the articles of organization or a written operating agreement; and

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(4) Whether or not an assignee of a limited liability company interest becomes a member, the assignor is not released from his or her liability to the limited liability company under Code Section 14-11-402 or Code Section 14-11-408. 14-11-504. (a) On application to a court of competent jurisdiction by any judgment creditor of a member or of any assignee of a member, the court may charge the limited liability company interest of the member or such assignee with payment of the unsatisfied amount of the judgment with interest. To the extent so charged, the judgment creditor has only the rights of an assignee of the limited liability company interest. This chapter does not deprive any member of the benefit of any exemption laws applicable to his or her limited liability company interest. (b) The remedy conferred by this Code section shall not be deemed exclusive of others which may exist, including, without limitation, the right of a judgment creditor to reach the limited liability company interest of the member by process of garnishment served on the limited liability company. 14-11-505. (a) In connection with the formation of a limited liability company, a person acquiring a limited liability company interest is admitted as a member of the limited liability company upon the later to occur of: (1) The formation of the limited liability company; or (2) The time provided in and upon compliance with the articles of organization or a written operating agreement or, if the articles of organization and any written operating agreement do not so provide, when the person's admission is reflected in the records of the limited liability company. (b) After the formation of a limited liability company, a person acquiring a limited liability company interest directly from the limited liability company is admitted as a member of the limited liability company at the time provided in and

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upon compliance with the articles of organization and any written operating agreement or, if the articles of organization or a written operating agreement does not so provide, upon the consent of all members and when the person's admission is reflected in the records of the limited liability company. (c) An assignee of a limited liability company interest is admitted as a member of the limited liability company upon compliance with paragraph (1) of Code Section 14-11-503 and at the time provided in and upon compliance with the articles of organization and any written operating agreement or, if the articles of organization or a written operating agreement does not so provide, when any such person's permitted admission is reflected in the records of the limited liability company; provided, however, that an assignee shall not be admitted as a member of the limited liability company until such assignee has consented to such admission. 14-11-506. Except as otherwise provided in the articles of organization or a written operating agreement, if a member who is an individual dies or a court of competent jurisdiction adjudges him or her to be incompetent to manage his or her person or his or her property, the member's executor, administrator, guardian, conservator, or other legal representative has all of the rights of an assignee of all of the member's limited liability company interest. ARTICLE 6 14-11-601. (a) A person ceases to be a member of a limited liability company upon the occurrence of any of the following events: (1) The member withdraws by voluntary act from the limited liability company as provided in subsection (c) of this Code section; (2) The member ceases to be a member of the limited liability company as provided in paragraph (6) of Code Section 14-11-502; (3) The member is removed as a member:

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(A) In accordance with the articles of organization or a written operating agreement; or (B) Subject to contrary provision in the articles of organization or in a written operating agreement, when the member assigns all of his or her limited liability company interest, by an affirmative vote of a majority in number of the members who have not assigned all of their limited liability company interests; (4) The member's entire interest in the limited liability company is purchased or redeemed by the limited liability company; (5) Subject to contrary provision in the articles of organization or a written operating agreement, or written consent of all other members at the time, the member (A) makes an assignment for the benefit of creditors; (B) files a voluntary petition in bankruptcy; (C) is adjudicated a bankrupt or insolvent; (D) files a petition or answer seeking for the member any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any statute, law, or regulation; (E) files an answer or other pleading admitting or failing to contest the material allegations of a petition filed against the member in any proceeding of this nature; or (F) seeks, consents to, or acquiesces in the appointment of a trustee, receiver, or liquidator of the member or of all or any substantial part of the member's properties; (6) Subject to contrary provision in the articles of organization or a written operating agreement, or written consent of all other members at the time, if within 120 days after the commencement of any proceeding against the member seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any statute, law, or regulation, the proceeding has not been dismissed, or if within 90 days after the appointment without his or her consent or acquiescence of a trustee, receiver, or liquidator of the member or of

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all or any substantial part of his or her properties, the appointment is not vacated or stayed, or within 90 days after the expiration of any stay, the appointment is not vacated; or (7) Subject to contrary provision in the articles of organization or a written operating agreement, or written consent of all other members at the time, in the case of a member who is an individual: (A) On the date of his or her death; or (B) On the date of the entry of an order by a court of competent jurisdiction adjudicating the member incompetent to manage his or her person or his or her property. (b) The articles of organization or a written operating agreement may provide for other events the occurrence of which result in a person ceasing to be a member of the limited liability company. (c) Except as otherwise provided in the articles of organization or a written operating agreement, a member may withdraw from the limited liability company at any time by giving written notice to the other members at least 30 days in advance of his or her withdrawal or such other notice as is provided for in a written operating agreement. 14-11-602. A limited liability company is dissolved and its affairs shall be wound up upon the first to occur of the following: (1) At the time specified in the articles of organization or a written operating agreement; (2) Upon the happening of events specified in the articles of organization or a written operating agreement; (3) At a time approved by all the members;

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(4) Subject to contrary provision in the articles of organization or a written operating agreement, 90 days after any event of dissociation with respect to any member, unless within such 90 day period the limited liability company is continued by the written consent of all other members or as otherwise provided in the articles of organization or a written operating agreement; or (5) Entry of a decree of judicial dissolution under subsection (a) of Code Section 14-11-603. 14-11-603. (a) On application by or for a member, the court may decree dissolution of a limited liability company whenever it is not reasonably practicable to carry on the business in conformity with the articles of organization or a written operating agreement. A certified copy of any such decree shall be delivered to the Secretary of State, who shall file it. (b) (1) The Secretary of State may commence a proceeding under this subsection to dissolve a limited liability company administratively if: (A) The limited liability company 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; (B) The limited liability company is without a registered agent or registered office in this state for 60 days or more; or (C) The limited liability company 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. (2) If the Secretary of State determines that one or more grounds exist under this subsection for dissolving a limited liability company, he or she shall provide the limited liability company with written notice of his or her

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determination by mailing a copy of the notice, first-class mail, to the limited liability company at the last known address of its principal office or to the registered agent. If the limited liability company 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 limited liability company, the Secretary of State shall administratively dissolve the limited liability company 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. (3) A limited liability company administratively dissolved continues its existence but may not carry on any business except that necessary to wind up and liquidate its business and affairs. Winding upo the business of a limited liability company administratively dissolved may include, without limitation, the limited liability company proceeding, at any time after the effective date of the administrative dissolution, in accordance with Code Sections 14-11-607 and 14-11-608. The administrative dissolution of a limited liability company does not terminate the authority of its registered agent. (4) A limited liability company administratively dissolved under this Code section may apply to the Secretary of State for reinstatement within five years after the effective date of dissolution. The application must: (A) Recite the name of the limited liability company and the effective date of its administrative dissolution; (B) State that the ground or grounds for dissolution either did not exist or have been eliminated; (C) State that the limited liability company's name satisfies the requirements of Code Section 14-11-207;

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(D) Contain a statement by the limited liability company reciting that all taxes owned by the limited liability company have been paid; and (E) 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. If the Secretary of State determines that the application contains the information required by this paragraph and that the information is correct, he or she shall prepare a certificate of reinstatement that recites his or her determination and the effective date of reinstatement, file the original of the certificate, and serve a copy on the limited liability company. When the reinstatement is effective, it relates back to and takes effect as of the effective date of the administrative dissolution and the limited liability company resumes carrying on its business as if the administrative dissolution had never occurred. (5) If the Secretary of State denies a limited liability company's application for reinstatement following administrative dissolution, he or she shall serve the limited liability company with a written notice that explains the reason or reasons for denial. The limited liability company may appeal the denial of reinstatement to the superior court of the county where the limited liability company's registered office is or was located within 30 days after service of the notice of denial is perfected. The limited liability company 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 limited liability company's application for reinstatement, and the Secretary of State's notice of denial. The court's final decision may be appealed as in other civil proceedings. 14-11-604. (a) Except as otherwise provided in the articles of organization or a written operating agreement, upon

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dissolution, the members or managers in whom management of the limited liability company was vested prior to dissolution may wind up a dissolved limited liability company's affairs. For cause shown, the court may wind up a dissolved limited liability company's affairs on application of any member as to which an event of dissociation has not occurred, any such member's legal representative, or any such member's assignee. (b) Except so far as may be appropriate to wind up the limited liability company's affairs or to complete transactions begun but not then finished, dissolution terminates all authority of every person to act for the limited liability company; provided, however, that, prior to the filing of a statement of commencement of winding up, the limited liability company shall be bound to any person who lacks knowledge of the dissolution with respect to any transaction which would bind the limited liability company if dissolution had not taken place. 14-11-605. (a) In connection with its winding up, a limited liability company shall (1) discharge, make provision to discharge, or dispose of pursuant to Code Sections 14-11-607 and 14-11-608, its liabilities, and (2) subject to any applicable provisions in the articles of organization or a written operating agreement, distribute its remaining assets to its members. (b) To the extent a dissolved limited liability company does not discharge, make provision to discharge, or dispose of pursuant to Code Sections 14-11-607 and 14-11-608 a claim against it, such claim may be enforced: (1) Against the limited liability company, to the extent of its undistributed assets; or (2) Against each member receiving a distribution in winding up, to the extent of the assets so distributed to such member; provided that a member's total liability for all such claims shall not exceed the total amount of assets so distributed to him or her.

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As respects any such claims, the limited liability company and its members shall have rights of contribution among themselves so as to produce, insofar as practicable, the effects that would have been produced had such claim been discharged by the limited liability company prior to any distribution to members. 14-11-606. Upon dissolution, a statement of commencement of winding up may be delivered for filing to the Secretary of State by any person authorized to wind up the limited liability company's affairs. Such statement shall set forth: (1) The name of the limited liability company; (2) The fact that the limited liability company has dissolved and commenced its winding up activities; and (3) Any other provision, not inconsistent with law, that the persons charged with winding up the limited liability company's affairs elect to include. 14-11-607. (a) A dissolved limited liability company that has filed a statement of commencement of winding up may dispose of the known claims against it by following the procedures described in this Code section. (b) The dissolved limited liability company may notify its known claimants in writing of the winding up proceedings at any time after the filing of the statement of commencement of winding up. The written notice must: (1) Describe information that the limited liability company determines 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 date of mailing of the written notice, by which the dissolved limited liability company must receive the claim;

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(4) State that the claim will be barred if not received by the deadline; and (5) State that the limited liability company will give notice of acceptance or rejection of all claims that are received in timely fashion within six months after the deadline for receipt of claims. (c) A claim against a dissolved limited liability company 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 limited liability company by the deadline; or (2) If a claimant whose claim was rejected by the dissolved limited liability company does not commence a proceeding to enforce the claim within one year from the date of mailing 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 statement of commencement of winding up. 14-11-608. (a) A dissolved limited liability company that has filed a statement of commencement of winding up may publish, in the manner prescribed by Code Section 14-11-609, a request that persons with claims against the limited liability company present them in accordance with subsection (b) of this Code section. (b) The request must: (1) Describe the information that the limited liability company determines 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 statement of commencement

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of winding up or that arise after the filing of the statement of commencement of winding up, a claim against the limited liability company not otherwise barred will be barred unless a proceeding to enforce the claim is commenced within two years after the publication of the request. (c) If a dissolved limited liability company that has filed a statement of commencement of winding up publishes a request described 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 limited liability company within two years after the date of the publication of the request, except: (1) Claims that are contingent at the time of the filing of the statement of commencement of winding up; and (2) Claims that arise after the filing of the statement of commencement of winding up. (d) If a dissolved limited liability company publishes a request described in subsection (b) of this Code section, a claim not otherwise barred of a claimant whose claim is contingent at the time of the filing of the statement of commencement of winding up or based on an event occurring after the filing of the statement of commencement of winding up is barred against the limited liability company, its members, and managers unless the claimant commences a proceeding to enforce the claim against the dissolved limited liability company within two years after the date of filing of a certificate of termination or five years after the date of the second publication of the request in accordance with subsection (b) of this Code section, whichever is later. 14-11-609. A limited liability company seeking to publish a request for claims described in Code Section 14-11-608 shall mail or deliver to the publisher of a newspaper that is the official organ of the county where the registered office of the limited liability company is located, or that is a newspaper of general circulation published within such county

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whose most recently published annual statement of ownership and circulation reflects a minimum of 60 percent paid circulation, a request to publish the request for claims. The request for publication of the request for claims 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. 14-11-610. A dissolved limited liability company may deliver to the Secretary of State for filing a certificate of termination when the statements required to be included therein can be truthfully made. Such a certificate of termination shall set forth: (1) The name of the limited liability company; (2) That all known debts, liabilities, and obligations of the limited liability company have been paid, discharged, or barred or that adequate provision has been made therefor; and (3) That there are no actions pending against the limited liability company in any court, or that adequate provision has been made for the satisfaction of any judgment, order, or decree that may be entered against it in any pending action. ARTICLE 7 14-11-701. (a) The laws of the jurisdiction under which a foreign limited liability company is organized govern its organization and internal affairs and the liability of its managers, members, and other owners, regardless of whether the foreign limited liability company procured or should have procured a certificate of authority under this chapter. (b) A foreign limited liability company may not be denied a certificate of authority by reason of any difference between the laws of the jurisdiction under which such company is organized and the laws of this state.

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14-11-702. (a) A foreign limited liability company transacting business in this state shall procure a certificate of authority to do so from the Secretary of State. In order to procure a certificate of authority to transact business in this state, a foreign limited liability company shall submit to the Secretary of State an application for a certificate of authority as a foreign limited liability company, signed by a person duly authorized to sign such instruments by the laws of the jurisdiction under which the foreign limited liability company is organized, setting forth: (1) The name of the foreign limited liability company and, if different, the name under which it proposes to qualify and transact business in this state; (2) The name of the jurisdiction under whose laws it is organized; (3) Its date of organization and period of duration; (4) The street address and county of its registered office in this state and the name of its registered agent at that office; (5) A statement that the Secretary of State is, pursuant to subsection (h) of Code Section 14-11-703, appointed the agent of the foreign limited liability company for service of process if no agent has been appointed under subsection (a) of Code Section 14-11-703 or, if appointed, the agent's authority has been revoked or the agent cannot be found or served by the exercise of reasonable diligence; (6) The address of its principal place of business; (7) The address of the office at which is kept a list of the names and addresses of its members and other owners, together with an undertaking by it to keep those records until its registration in this state is cancelled or revoked; and

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(8) The name and a business address of a person who, under the laws of the jurisdiction under which it was formed, has substantial responsibility for managing its business activities. (b) Without excluding other activities which may not constitute transacting business in this state, a foreign limited liability company shall not be considered to be transacting business in this state, for the purpose of qualification under this chapter, solely by reason of carrying on in this state any one or more of the following activities: (1) Maintaining or defending any action or administrative or arbitration proceeding or effecting the settlement thereof or the settlement of claims or disputes; (2) Holding meetings of its managers, members, or other owners or carrying on other activities concerning its internal affairs; (3) Maintaining bank accounts, share accounts in savings and loan associations, custodial or agency arrangements with a bank or trust company, or stock or bond brokerage accounts; (4) Maintaining offices or agencies for the transfer, exchange, and registration of membership or other ownership interests in it or appointing and maintaining trustees or depositaries with relation to such interests; (5) Effecting sales through independent contractors; (6) Soliciting or procuring orders, whether by mail or through employees or agents or otherwise, where such orders require acceptance outside this state before becoming binding contracts and where such contracts do not involve any local performance other than delivery and installation; (7) Making loans or creating or acquiring evidences of debt, mortgages, or liens on real or personal property or recording the same;

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(8) Securing or collecting debts or enforcing any rights in property securing the same; (9) Effecting transactions in interstate or foreign commerce; (10) Owning or controlling another person organized under the laws of, or transacting business within, this state; (11) Conducting an isolated transaction not in the course of a number of repeated transactions of like nature; or (12) Serving as trustee, executor, administrator, or guardian, or in like fiduciary capacity, where permitted so to serve by the laws of this state. (c) The list of activities in subsection (b) of this Code section is not exhaustive. (d) This Code section shall not be deemed to establish a standard for activities that may subject a foreign limited liability company to taxation or to service of process under any of the laws of this state. 14-11-703. (a) Each foreign limited liability company that is required to procure a certificate of authority to transact business in this state shall continuously maintain in this state: (1) A registered office that may, but need not, be a place of its business in this state; and (2) A registered agent for service of process on the foreign limited liability company. The address of the business office of the registered agent shall be the same as the address of the registered office referred to in paragraph (1) of this subsection.

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(b) A registered agent must be an individual resident of this state, a corporation, or a foreign corporation having a certificate of authority to transact business in this state. (c) A foreign limited liability company may change its registered office or its registered agent, or both, by indicating any such change on its annual registration filed pursuant to this chapter or by delivering to the Secretary of State for filing a statement setting forth: (1) The name of the foreign limited liability company; (2) The street address and county of its then registered office; (3) If the address of its registered office is to be changed, the new street address and county of the registered office; (4) The name of its then registered agent; and (5) If its registered agent is to be changed, the name of its successor registered agent. (d) A registered agent of a foreign limited liability company may resign as such agent by signing and delivering to the Secretary of State for filing a statement of resignation, which may include a statement that the registered office is also discontinued. 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 registered agent's intent to resign to the foreign limited liability company at the most recent mailing address of the foreign limited liability company's principal place of business listed in the records of the Secretary of State. The agency appointment is terminated, and the registered office discontinued if so provided, on the earlier of the filing of the limited liability company's annual registration or a statement designating a new registered agent and registered office if also discontinued or the thirty-first day after the date on which the statement of resignation was filed.

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(e) A registered agent of a foreign limited liability company may change the agent's office and the address of the registered office of any foreign limited liability company of which the agent is registered agent to another place within this state by filing a statement, as required in subsection (c) of this Code section, setting forth the required information for all foreign limited liability companies for which he or she is the registered agent, except that it need be signed only by the registered agent and need not be responsive to paragraph (5) of subsection (c) of this Code section and must recite that a copy of the statement has been mailed to the foreign limited liability company at the most recent mailing address of the foreign limited liability company's principal place of business listed on the records of the Secretary of State. (f) The registered agent of one or more foreign limited liability companies may resign and appoint a successor registered agent by signing and delivering to the Secretary of State for filing a statement stating that the agent resigns and the name and street address and county of the office of the successor registered agent. There shall be attached to such statement a statement executed by each affected foreign limited liability company ratifying and approving such change of registered agent. Upon such filing, the successor registered agent shall become the registered agent of such foreign limited liability companies as have ratified and approved such substitution, and the successor registered agent's office, as stated in such statement, shall become the registered office in this state of each such foreign limited liability company. The Secretary of State shall furnish to the successor registered agent a certified copy of the statement filed pursuant to this subsection. (g) The registered agent of a foreign limited liability company authorized to transact business in this state is an agent of the foreign limited liability company on whom may be served any process, notice, or demand required or permitted by law to be served on the foreign limited liability company. (h) Whenever a foreign limited liability company required to procure a certificate of authority to transact business

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in this state shall fail to appoint or maintain a registered agent in this state, or whenever its registered agent cannot with reasonable diligence be found at the registered office, then the Secretary of State shall be an agent of such foreign limited liability company upon whom any process, notice, or demand may be served. Service on the Secretary of State of any such process, notice, or demand shall be made by delivering to and leaving with him or her or with any other person or persons designated by the Secretary of State to receive such service two copies of such process, notice, or demand. The plaintiff or his or her attorney shall certify in writing to the Secretary of State that the foreign limited liability company failed either to maintain a registered office or appoint a registered agent in this state and that he or she has forwarded by registered or certified mail such process, notice, or demand to the last registered agent at the most recent registered office listed on the records of the Secretary of State and that service cannot be effected at such office. (i) The Secretary of State shall keep a record of all processes, notices, and demands served upon him or her under this Code section and shall record therein the time of such service and his or her action with reference thereto. (j) This Code section does not prescribe the only means, or necessarily the required means, of serving any process, notice, or demand required or permitted by law to be served on a foreign limited liability company. 14-11-704. (a) If the Secretary of State finds that an application for a certificate of authority conforms to the filing requirements of this chapter and all requisite fees and any penalty due pursuant to Code Section 14-11-711 have been paid, he or she shall: (1) Stamp or otherwise endorse his or her official title and the date and time of receipt on the application; (2) File the application in his or her office; and (3) Issue a certificate of authority to transact business in this state.

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(b) The certificate of authority must be returned to the person who filed the application or such person's representative. (c) If the certificate of authority is issued by the Secretary of State, a foreign limited liability company shall be deemed authorized to transact business in this state from the time of filing its application for the certificate of authority. 14-11-705. (a) A foreign limited liability company may apply for a certificate of authority with the Secretary of State under any name, whether or not it is the name under which it is registered in its jurisdiction of organization; provided, however, that such name: (1) Must contain the words `limited liability company' or `limited company' (it being permitted to abbreviate the word `limited' as `ltd.' and the word `company' as `co.') or the abbreviations `L.L.C.', `LLC', `L.C.' or `LC'; and (2) Must be distinguishable on the records of the Secretary of State from the name of any corporation, limited liability company, or limited partnership; any foreign corporation, foreign limited liability company, or foreign limited partnership having a certificate of authority to transact business in this state; any nonprofit corporation, professional corporation, or professional association, domestic or foreign, on file with the Secretary of State pursuant to this title; or any name reserved or registered under this title. (b) Whenever a foreign limited liability company is unable to procure a certificate of authority to transact business in this state because its name does not comply with paragraph (2) of subsection (a) of this Code section, it may nonetheless apply for authority to transact business in this state by adding in parentheses to its name in such application a word, abbreviation, or other distinctive and distinguishing element such as the name of the jurisdiction where it is organized. If in the judgment of the Secretary of State the name of the foreign limited liability company with such addition

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would comply with subsection (a) of this Code section, subsection (a) of this Code section shall not be a bar to the issuance to such foreign limited liability company of a certificate of authority to transact business in this state. In such case, any such certificate issued to such foreign limited liability company shall be issued in its name with such additions, and the foreign limited liability company shall use such name with such additions in all its dealings with the Secretary of State. 14-11-706. A foreign limited liability company authorized to transact business in this state must procure an amended certificate of authority from the Secretary of State if it changes its name or its jurisdiction of organization. The requirements of Code Sections 14-11-702 and 14-11-704 for procuring an original certificate of authority shall apply to procuring an amended certificate under this Code section. 14-11-707. (a) A foreign limited liability company 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 limited liability company authorized to transact business in this state may apply for a certificate of withdrawal by delivering to the Secretary of State for filing an application that sets forth: (1) The name of the foreign limited liability company and the name of the jurisdiction under whose law it is organized; (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;

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(4) A mailing address to which a copy of any process served on the Secretary of State pursuant to 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 the mailing address provided pursuant to paragraph (4) of this subsection. (c) After the withdrawal of the foreign limited liability company is effective, service of process on the Secretary of State under this Code section is service on the foreign limited liability company. Any party that serves process on the Secretary of State in accordance with this subsection shall also mail a copy of the process to the foreign limited liability company at the mailing address provided pursuant to subsection (b) of this Code section. 14-11-708. The Secretary of State may commence a proceeding under Code Section 14-11-709 to revoke the certificate of authority of a foreign limited liability company authorized to transact business in this state if: (1) The foreign limited liability company does not deliver its annual registration to the Secretary of State within 60 days after it is due; (2) The foreign limited liability company 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 limited liability company is without a registered agent or registered office in this state for 60 days or more; (4) The foreign limited liability company does not inform the Secretary of State under Code Section 14-11-703 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;

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(5) A member, manager, other owner, or agent of the foreign limited liability company signed a document such person knew was false in a 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 records in the jurisdiction under whose law the foreign limited liability company is organized stating that it has been dissolved, terminated, or disappeared as the result of a merger. 14-11-709. (a) If the Secretary of State determines that one or more grounds exist under Code Section 14-11-708 for revocation of a certificate of authority, the Secretary of State shall provide the foreign limited liability company with written notice of such determination by mailing a copy of the notice, first-class mail, to the foreign limited liability company at the address of its principal place of business indicated in its most recently filed annual registration, or if no annual registration has been filed, in its application for a certificate of authority to transact business, or to its registered agent. (b) If the foreign limited liability company 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 the notice is provided to the foreign limited liability company, the Secretary of State may revoke the foreign limited liability company'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 limited liability company 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 limited liability company's certificate of authority appoints the Secretary of State as the foreign limited liability company's

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agent for service of process in any proceeding based on a cause of action which arose during the time the foreign limited liability company was authorized to transact business in this state. Service of process on the Secretary of State under this subsection is service on the foreign limited liability company. Any party that serves process on the Secretary of State shall also mail a copy of the process to the foreign limited liability company at the most recent address of its principal place of business listed on the records of the Secretary of State or to its registered agent. This subsection does not prescribe the only means, or necessarily the required means, of serving any process, notice, or demand required or permitted by law to be served on a foreign limited liability company. (e) Revocation of a foreign limited liability company's certificate of authority does not terminate the authority of the registered agent of the foreign limited liability company. 14-11-710. (a) A foreign limited liability company 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 14-11-709. The foreign limited liability company appeals by petitioning the court to set aside the revocation and attaching to the petition copies of its certificate of authority and the Secretary of State's certificate of revocation. (b) The court may summarily order the Secretary of State to reinstate the certificate of authority or may take any other action the court considers appropriate. (c) The court's final decision may be appealed as in other civil proceedings. 14-11-711. (a) A foreign limited liability company transacting business in this state may not maintain an action, suit, or proceeding in a court of this state until it is authorized to transact business in this state. (b) The failure of a foreign limited liability company to procure a certificate of authority does not impair the validity

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of any contract or act of the foreign limited liability company or prevent the foreign limited liability company from defending any action, suit, or proceeding in any court of this state. (c) A foreign limited liability company that transacts business in this state without registering as required by this chapter shall be liable to the state: (1) For all fees which would have been imposed by this chapter upon such foreign limited liability company had it registered as required by this article; and (2) If it has not been authorized to transact business in this state within 30 days after the first day on which it transacts business in this state, for a penalty of $500.00 for each year or part thereof during which it so transacts business. 14-11-712. The Attorney General may maintain an action to restrain a foreign limited liability company from transacting business in this state in violation of this chapter. ARTICLE 8 14-11-801. A member may commence a derivative action in the right of the limited liability company to recover a judgment in its favor if all of the following conditions are met: (1) Either management of the limited liability company is vested in a manager or managers who have the sole authority to cause the limited liability company to sue in its own right or management of the limited liability company is vested in the members but the plaintiff does not have the authority to cause the limited liability company to sue in its own right under the provisions of the articles of organization or a written operating agreement; (2) The plaintiff has made written demand on those managers or those members with such authority requesting

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that such managers or such members take suitable action; (3) Ninety days have expired from the date the demand was made unless the member has earlier been notified that the demand has been rejected by the limited liability company or unless irreparable injury to the limited liability company would result by waiting for the expiration of the 90 day period; (4) The plaintiff (A) is a member of the limited liability company at the time of bringing the action, and (B) was a member of the limited liability company at the time of the transaction of which he or she complains, or his or her status as a member of the limited liability company has devolved upon him or her by operation of law from a person who was a member at the time of the transaction; and (5) The plaintiff fairly and adequately represents the interests of the limited liability company in enforcing the right of the limited liability company. 14-11-802. In a derivative action, the complaint must set forth with particularity the effort of the plaintiff to secure commencement of the action by the managers or the members who would otherwise have the authority to cause the limited liability company to sue in its own right. 14-11-803. If the limited liability company commences an inquiry into the allegations made in the demand or complaint, the court may stay any derivative action for such period as the court deems appropriate. 14-11-804. Except as otherwise provided by the articles of organization or written operating agreement, a derivative action 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 limited liability company's members, the court shall direct that notice be given to the members affected.

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14-11-805. (a) The court may dismiss a derivative proceeding if, on motion by the limited liability company, 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 limited liability company. The limited liability company 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 the independent managers or members present at a meeting of managers or members, as the case may be, if the independent managers or members constitute a quorum; (2) A majority vote of a committee consisting of two or more independent managers or members appointed by a majority of independent managers or members present at a meeting of managers or members, as the case may be, whether or not such independent managers or members constitute a quorum; or (3) A panel of one or more independent persons appointed by the court upon motion of the limited liability company. (c) None of the following shall by itself cause a manager or member to be considered not independent for purposes of subsection (b) of this Code section: (1) The nomination or election of the manager or member by managers or members who are not independent; (2) The naming of the manager or member as a defendant in the derivative proceeding; or

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(3) The fact that the manager or member approved the action being challenged in the derivative proceeding so long as the manager or member did not receive a personal benefit as a result of the action. 14-11-806. (a) If a derivative action is successful, in whole or in part, or if anything is received by the plaintiff as a result of a judgment, compromise, or settlement of an action or claim, the court may award the plaintiff reasonable expenses, including reasonable attorneys' fees, and shall direct him or her to remit to the limited liability company the remainder of those proceeds received by him or her. (b) In any derivative action instituted on or after March 1, 1994, in the right of any domestic or foreign limited liability company by a member or members thereof, the court having jurisdiction, upon termination of such action and a finding that the action was commenced or maintained without reasonable cause or for an improper purpose, may order the plaintiff or plaintiffs to pay to the parties named as defendants the reasonable expenses, including reasonable attorneys' fees, incurred by them in the defense of such action. 14-11-807. In any derivative action in the right of a foreign limited liability company, the matters covered by this article shall be governed by the laws of the jurisdiction of organization of the foreign limited liability company except for Code Sections 14-11-803 and 14-11-804 and paragraph (b) of Code Section 14-11-806. ARTICLE 9 14-11-901. (a) Pursuant to a written agreement, a limited liability company may merge with or into one or more business entities (other than a corporation) with such limited liability company or other business entity as the agreement shall provide being the surviving limited liability company or other business entity. (b) In the case of a merger involving a foreign limited liability company, foreign limited partnership, or foreign corporation, the merger may take place if:

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(1) The merger is permitted by the law of the state or jurisdiction under whose laws each foreign constituent entity is organized or formed and each foreign constituent entity complies with that law in effecting the merger; (2) The foreign constituent entity complies with Code Section 14-11-904 if it is the surviving entity of the merger; and (3) Each limited liability company complies with the applicable provisions of this Code section, Code Sections 14-11-902 through 14-11-903, and, if it is the surviving entity, with Code Section 14-11-904. 14-11-902. (a) Each constituent business entity shall adopt a written plan of merger, which shall be approved in accordance with Code Section 14-11-903. (b) The plan of merger must set forth: (1) The name of each limited liability company and each other business entity that is a constituent entity planning to merge and the name of the surviving business entity into which each other constituent entity proposes to merge; (2) The terms and conditions of the merger; and (3) The manner and basis of converting the interests of the members of each limited liability company and the shares or other interests in each other business entity that is a constituent entity in the merger into interests, shares, obligations, or other securities, as the case may be, of the surviving or any other business entity or, in whole or in part, into cash or other property. (c) The plan of merger may set forth: (1) Amendments to the articles of organization of a limited liability company that is the surviving entity in the merger; and

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(2) Other provisions relating to the merger. 14-11-903. (a) A limited liability company party to a proposed merger shall have the plan of merger authorized and approved by the unanimous consent of the members, unless the articles of organization or a written operating agreement of such limited liability company provides otherwise. A foreign corporation or limited partnership party to a proposed merger shall have the plan of merger authorized and approved in accordance with the applicable chapter of this title. (b) A plan of merger complying with the requirements of Code Section 14-11-902 shall be approved by each foreign constituent business entity in accordance with the laws of the state or jurisdiction in which it was organized or formed. (c) After a merger is authorized, unless the plan of merger provides otherwise, and at any time before articles of merger (as provided for in Code Section 14-11-904) are filed by the Secretary of State, the planned merger may be abandoned (subject to any contractual rights) in accordance with the procedure set forth in the plan of merger or, if none is set forth, as follows: (1) By the unanimous consent of the members of each limited liability company that is a constituent entity, unless the articles of organization or a written operating agreement of any such limited liability company provides otherwise; (2) By each limited partnership that is a constituent entity in accordance with the applicable chapter of this title; and (3) By each foreign constituent business entity in accordance with the laws of the state or jurisdiction in which it was organized or formed. 14-11-904. (a) After a plan of merger is approved as provided in Code Section 14-11-903, the surviving limited liability

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company or other business entity shall deliver to the Secretary of State for filing articles of merger setting forth: (1) The name and jurisdiction of organization or formation of each constituent business entity that is merging and the name of the surviving limited liability company or other business entity into which each other constituent business entity is merging; (2) Any amendments to the articles of organization of the surviving limited liability company; (3) The effective date and time of the merger if later than the date and time the articles of merger are filed; (4) That the executed plan of merger is on file at the principal place of business of the surviving limited liability company or other business entity, stating the address thereof; (5) That a copy of the plan of merger will be furnished by the surviving limited liability company or other business entity, on request and without cost, to any member of any constituent entity; (6) A statement that the plan of merger has been duly authorized and approved by each constituent business entity in accordance with Code Section 14-11-903; (7) If the surviving entity is a foreign limited liability company, foreign limited partnership, or foreign corporation without a certificate of authority to transact business in this state, that the Secretary of State is appointed as agent of the surviving entity on whom process in this state in any action, suit, or proceeding for the enforcement of an obligation of each limited liability company constituent to the merger may be served and the address to which a copy of the process is to be mailed; and

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(8) Any other provisions relating to the merger that the constituent business entities determine to include therein. 14-11-905. (a) If the surviving entity is a limited liability company, when a merger takes effect: (1) Every other constituent business entity party to the merger merges into the limited liability company designated in the plan of merger as the surviving entity; (2) The separate existence of each constituent business entity party to the plan of merger except the surviving limited liability company shall cease; (3) The title to all real estate and other property owned by each constituent business entity is vested in the surviving limited liability company without reversion or impairment; (4) The surviving limited liability company has all the liabilities of each constituent business entity; (5) A proceeding pending against any constituent business entity may be continued as if the merger did not occur or the surviving limited liability company may be substituted in the proceeding for the constituent business entity whose existence ceased; (6) Neither the rights of creditors nor any liens on the property of any constituent business entity shall be impaired by the merger; (7) The articles of organization of the surviving limited liability company shall be amended to the extent provided in the plan of merger; and (8) The interests or shares in each merging constituent business entity that are to be converted into interests of the surviving limited liability company, or into cash or other property under the terms of the plan of merger, are so converted, and the former holders thereof are entitled

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only to the rights provided in the plan of merger or their rights otherwise provided by law. (b) If the surviving business entity is to be governed by the laws of any jurisdiction other than this state, the effects of merger shall be the same as provided in this Code section, except insofar as the laws of such other jurisdiction provide otherwise. (c) Nothing in this article shall abridge or impair any dissenters' or appraisal rights that may otherwise be available to the members or shareholders or other holders of an interest in any constituent business entity. ARTICLE 10 14-11-1001. As used in this article, the term: (1) `Beneficial member' means the person who is a beneficial owner of the membership interest held in a voting trust or by a nominee as the record member. (2) `Dissenter' means a member who is entitled to dissent from limited liability company action under Code Section 14-11-1002 and who exercises that right when and in the manner required by Code Sections 14-11-1003 through 14-11-1010. (3) `Fair value' with respect to a membership interest means the value of the membership interest immediately before the effectuation of the limited liability company action to which the dissenter objects, excluding any appreciation or depreciation in anticipation of such action. (4) `Interest' means interest from the effective date of the limited liability company action until the date of payment, at a rate that is fair and equitable under all the circumstances. (5) `Limited liability company' means the limited liability company of which the dissenter is a member

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before the limited liability company action to which the dissenter objects or the surviving entity by merger of that limited liability company. (6) `Member' means the record member or the beneficial member. (7) `Membership interest' means a member's rights in the limited liability company, collectively, including the member's share of the profits and losses of the limited liability company, the right to receive distributions of the limited liability company's assets, and any right to vote or participate in management. (8) `Record member' means the person in whose name the membership interest is registered in the records of a limited liability company. 14-11-1002. (a) Unless otherwise provided by the articles of organization or a written operating agreement, a record member of the limited liability company is entitled to dissent from, and obtain payment of the fair value of his or her membership interest in the event of, any of the following actions: (1) Consummation of a plan of merger to which the limited liability company is a party if approval of less than all of the members of the limited liability company is required for the merger by the articles of organization or a written operating agreement and the member is entitled to vote on the merger; (2) Consummation of a sale, lease, exchange, or other disposition of all or substantially all of the property of the limited liability company if approval of less than all of the members is required by the articles of organization or a written operating agreement and the member is entitled to vote on the sale, lease, exchange, or other disposition, but not including a sale pursuant to court order or a sale for cash pursuant to a plan by which all or substantially all of the net proceeds of the sale will be distributed

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to the members within one year after the date of sale; (3) An amendment of the articles of organization that materially and adversely affects rights in respect of a dissenter's membership interest in the limited liability company because it: (A) Alters or abolishes a preferential right of the member's interest; (B) Creates, alters, or abolishes a right in respect of redemption, including a provision respecting a sinking fund for the redemption or repurchase, of the membership interest; (C) Alters or abolishes a preemptive right of the holder of the membership interest to acquire additional interest or other securities; (D) Excludes or limits the right of the member to vote on any matter, other than a limitation by dilution through additional member contributions or other securities with similar voting rights; or (E) Cancels, redeems, or repurchases all or part of the membership interest of the class; or (4) Any limited liability company action taken pursuant to a member vote to the extent that the articles of organization or a written operating agreement provides that voting or nonvoting members are entitled to dissent and obtain payment for their membership interests. (b) A member entitled to dissent and obtain payment for his or her membership interest under this article may not challenge the limited liability company action creating his or her entitlement unless the limited liability company action fails to comply with procedural requirements of this chapter, the articles of organization, or the written operating agreement or if the vote required to obtain approval of the limited liability company action was obtained by fraudulent and deceptive

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means, regardless of whether the member has exercised dissenters' rights. 14-11-1003. (a) If proposed limited liability company action creating dissenters' rights under Code Section 14-11-1002 is submitted to a vote at a members' meeting, the meeting notice must state that members are or may be entitled to assert dissenters' rights under this article and be accompanied by a copy of this article. (b) If limited liability company action creating dissenters' rights under Code Section 14-11-1002 is taken without a vote of members, the limited liability company shall notify in writing all members entitled to assert dissenters' rights that the action was taken and send them the dissenters' notice described in Code Section 14-11-1005. 14-11-1004. (a) If proposed limited liability company action creating dissenters' rights under Code Section 14-11-1002 is submitted to a vote at a members' meeting, a record member who wishes to assert dissenters' rights: (1) Must deliver to the limited liability company before the vote is taken written notice of his or her intent to demand payment for his or her membership interest if the proposed action is effectuated; and (2) Must not vote his or her membership interest in favor of the proposed action. (b) A record member who does not satisfy the requirements of subsection (a) of this Code section is not entitled to payment for his or her membership interest under this article. 14-11-1005. (a) If proposed limited liability company action creating dissenters' rights under Code Section 14-11-1002 is authorized at a members' meeting, the limited liability company shall deliver a written dissenters' notice to all members who satisfied the requirements of Code Section 14-11-1004.

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(b) The dissenters' notice must be sent no later than ten days after the limited liability company action was taken and must: (1) State where the payment demand must be sent and where and when certificates for certificated membership interests must be deposited; (2) Inform holders of uncertificated membership interests to what extent transfer of the membership interests will be restricted after the payment demand is received; (3) Set a date by which the limited liability company must receive the payment demand, which date may not be fewer than 30 nor more than 60 days after the date the notice required in subsection (a) of this Code section is delivered; and (4) Be accompanied by a copy of this article. 14-11-1006. (a) A record member sent a dissenters' notice described in Code Section 14-11-1005 must demand payment and deposit his or her certificates for certificated membership interests in accordance with the terms of the notice. (b) A record member who demands payment and deposits his or her certificates under subsection (a) of this Code section retains all other rights of a member until these rights are canceled or modified by the taking of the proposed limited liability company action. (c) A record member who does not demand payment or deposit his or her membership interest certificates where required, each by the date set in the dissenters' notice, is not entitled to payment for his or her membership interest under this article. 14-11-1007. (a) The limited liability company may restrict the transfer of uncertificated membership interests from the date the demand for their payment is received until

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the proposed limited liability company action is taken or the restrictions are released under Code Section 14-11-1009. (b) The person for whom dissenters' rights are asserted as to uncertificated membership interests retains all other rights of a member until these rights are canceled or modified by the taking of the proposed limited liability company action. 14-11-1008. (a) Except as provided in Code Section 14-11-1010, within ten days of the later of the date the proposed limited liability company action is taken or receipt of a payment demand, the limited liability company shall offer to pay each dissenter who complied with Code Section 14-11-1006 the amount the limited liability company estimates to be the fair value of his or her membership interest, plus accrued interest. (b) The offer of payment must be accompanied by: (1) The limited liability company's balance sheet as of the end of a fiscal year ending not more than 16 months before the date of payment, an income statement for that year, a statement of changes in members' equity for that year, and the latest available interim financial statements, if any; (2) A statement of the limited liability company's estimate of the fair value of the membership interest; (3) An explanation of how the interest was calculated; (4) A statement of the dissenter's right to demand payment under Code Section 14-11-1010; and (5) A copy of this article. (c) If the member accepts the limited liability company's offer by written notice to the limited liability company within 30 days after the limited liability company's offer, payment for his or her membership interest shall be

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made within 60 days after the making of the offer or the taking of the proposed limited liability company action, whichever is later. 14-11-1009. (a) If the limited liability company does not take the proposed action within 60 days after the date set for demanding payment and depositing membership interest certificates, the limited liability company shall return the deposited certificates and release the transfer restrictions imposed on uncertificated membership interests. (b) If, after returning deposited certificates and releasing transfer restrictions, the limited liability company takes the proposed action, it must send a new dissenters' notice under Code Section 14-11-1005 and repeat the payment demand procedure. 14-11-1010. (a) A dissenter may notify the limited liability company in writing of his or her own estimate of the fair value of his membership interest and amount of interest due, and demand payment of his or her estimate of the fair value of his or her membership interest and interest due, if: (1) The dissenter believes that the amount offered under Code Section 14-11-1008 is less than the fair value of his or her membership interest or that the interest due is incorrectly calculated; or (2) The limited liability company, having failed to take the proposed action, does not return the deposited certificates or release the transfer restrictions imposed on uncertificated membership interests within 60 days after the date set for demanding payment. (b) A dissenter waives his or her right to demand payment under this Code section unless he or she notifies the limited liability company of his or her demand in writing under subsection (a) of this Code section within 30 days after the limited liability company offered payment for his or her membership interest, as provided in Code Section 14-11-1008.

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(c) If the limited liability company does not offer payment within the time set forth in subsection (a) of Code Section 14-11-1008: (1) The member may demand the information required under subsection (b) of Code Section 14-11-1008, and the limited liability company shall provide the information to the member within ten days after receipt of a written demand for the information; and (2) The member may at any time, subject to the limitations period of Code Section 14-11-1013, notify the limited liability company of his or her own estimate of the fair value of his membership interest and the amount of interest due and demand payment of his or her estimate of the fair value of his or her membership interest and interest due. 14-11-1011. (a) If a demand for payment under Code Section 14-11-1010 remains unsettled, the limited liability company shall commence a proceeding within 60 days after receiving the payment demand and petition the court to determine the fair value of the membership interest and accrued interest. If the limited liability company does not commence the proceeding within the 60 days period, it shall pay each dissenter whose demand remains unsettled the amount demanded. (b) The limited liability company shall commence the proceeding, which shall be a nonjury equitable valuation proceeding, in the superior court of the county where a limited liability company's registered office is located. If the surviving entity is a foreign entity without a registered office in this state, it shall commence the proceeding in the county in this state where the registered office of the domestic entity merged with the foreign entity was located. (c) The limited liability company shall make all dissenters, whether or not residents of this state, whose demands remain unsettled parties to the proceeding, which shall have the effect of an action quasi in rem against their membership interests. The limited liability company shall serve a copy of

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the petition in the proceeding upon each dissenting member who is a resident of this state in the manner provided by law for the service of a summons and complaint and upon each nonresident dissenting member either by registered or certified mail and publication or in any other manner permitted by law. (d) The jurisdiction of the court in which the proceeding is commenced under subsection (b) of this Code section is plenary and exclusive. The court may appoint one or more persons as appraisers to receive evidence and recommend decision on the question of fair value. The appraisers have the powers described in the order appointing them or in any amendment to it. Except as otherwise provided in this chapter, Chapter 11 of Title 9, known as the `Georgia Civil Practice Act,' applies to any proceeding with respect to dissenters' rights under this chapter. (e) Each dissenter made a party to the proceeding is entitled to judgment for the amount which the court finds to be the fair value of his or her membership interest, plus interest to the date of judgment. 14-11-1012. (a) The court in an appraisal proceeding commenced under Code Section 14-11-1011 shall determine all costs of the proceeding, including the reasonable compensation and expenses of appraisers appointed by the court, but not including fees and expenses of attorneys and experts for the respective parties. The court shall assess the costs against the limited liability company, except that the court may assess the costs against all or some of the dissenters, in amounts the court finds equitable, to the extent the court finds the dissenters acted arbitrarily, vexatiously, or not in good faith in demanding payment under Code Section 14-11-1010. (b) The court may also assess the fees and expenses of attorneys and experts for the respective parties, in amounts the court finds equitable: (1) Against the limited liability company and in favor of any or all dissenters if the court finds the limited

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liability company did not substantially comply with the requirements of Code sections 14-11-1103 through 14-11-1110; or (2) Against either the limited liability company or a dissenter, in favor of any other party, if the court finds that the party against whom the fees and expenses are assessed acted arbitrarily, vexatiously, or not in good faith with respect to the rights provided by this article. (c) If the court finds that the services of attorneys for any dissenter were of substantial benefit to other dissenters similarly situated and that the fees for those services should not be assessed against the limited liability company, the court may award to these attorneys reasonable fees to be paid out of the amounts awarded the dissenters who were benefitted. 14-11-1013. No action by any dissenter to enforce dissenters' rights shall be brought more than three years after the limited liability company action was taken, regardless of whether notice of the limited liability company action and of the right of dissent was given by the limited liability company in compliance with the provisions of Code Section 14-11-1003 and Code Section 14-11-1005. ARTICLE 11 14-11-1101. (a) The Secretary of State shall collect the following fees when the documents described below are delivered to the Secretary of State for filing pursuant to this chapter: Document Fee (1) Articles of organization $ 75.00 (2) Articles of amendment 20.00 (3) Articles of merger 250.00 (4) Certificate of election under Code Section 14-11-212 (together with articles of organization) 95.00 (5) Application for certificate of authority to transact business 200.00 (6) Statement of commencement of winding up 20.00 (7) Certificate of termination 20.00 (8) Articles of correction 20.00 (9) Application for reservation of a name No fee (10) Statement of change of registered office or registered agent 5.00 per limited liability company (foreign or domestic), but not less than $20.00 (11) Registered agent's statement of resignation pursuant to subsection (d) of Code Section 14-11-209 or subsection (d) of Code Section 14-11-703 No fee (12) Certificate of judicial dissolution No fee (13) Annual registration (foreign or domestic) 25.00 (14) Any other document required or permitted to be filed by this chapter 20.00

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(b) The Secretary of State shall collect the penalty provided for in paragraph (2) of subsection (c) of Code Section 14-11-711. 14-11-1102. (a) If each person required by Code Section 14-11-205 to execute any document fails or refuses to do so, any other person who is adversely affected by the failure or refusal may petition the superior court of the county where the registered office of the limited liability company is located to direct the execution of the document. If the court finds that it is proper for the document to be executed and that every person so designated has failed or refused to execute

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the document, it shall order the Secretary of State to file the document in appropriate form notwithstanding the lack of required execution. (b) The court shall assess the costs and expenses of such proceeding against the limited liability company, except that all or any part of such costs and expenses may be apportioned and assessed, as the court may determine, against any or all of the persons required by Code Section 14-2-205 to execute a document who failed or refused to do so if the court finds that such failure or refusal was arbitrary, vexatious, or otherwise not in good faith. 14-11-1103. (a) Each limited liability company and each foreign limited liability company authorized to transact business in this state shall deliver to the Secretary of State for filing an annual registration that sets forth: (1) The name of the limited liability company or the foreign limited liability company and the jurisdiction under whose law it is organized; (2) The street address and county of its registered office and the name of its registered agent at that office in this state; (3) The mailing address of its principal place of business; and (4) Any additional information that is necessary to enable the Secretary of State to carry out the provisions of this chapter. (b) Information in the annual registration must be current as of the date the annual registration is executed on behalf of the limited liability company or foreign limited liability company. (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

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in which the limited liability company was formed or a foreign limited liability company 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 and 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 limited liability company or foreign limited liability company in writing and return the registration to it for correction. If the registration is corrected to contain the information required by this Code section and delivered to the Secretary of State within 30 days after the date of notice, it is deemed to be timely filed. 14-11-1104. Each limited liability company and foreign limited liability company shall be classified as a partnership for Georgia tax purposes unless classified otherwise for federal income tax purposes, in which case the limited liability company or foreign limited liability company shall be classified for Georgia tax purposes in the same manner as it is classified for federal income tax purposes. A member or an assignee of a member of a limited liability company or foreign limited liability company shall be treated for Georgia tax purposes as either a resident or nonresident partner in the limited liability company or foreign limited liability company unless classified otherwise for federal income tax purposes, in which case the member or assignee of a member shall have the same status for Georgia tax purposes as such member or assignee of a member has for federal income tax purposes. 14-11-1105. The Secretary of State shall have the power and authority reasonably necessary to enable him or her to administer this chapter efficiently and to perform the duties imposed upon him or her pursuant to this chapter, including, without limitation, the power and authority to employ from time to time such additional personnel as in his or her judgment are required for such purposes.

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14-11-1106. The Secretary of State may promulgate such rules and regulations, not inconsistent with the provisions of this chapter, as are incidental to and necessary for the implementation and enforcement of such provisions of this chapter as are administered by the Secretary of State. Such rules and regulations shall be promulgated in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' 14-11-1107. (a) The rule that statutes in derogation of the common law are to be strictly construed shall have no application to this chapter. (b) It is the policy of this state with respect to limited liability companies to give maximum effect to the principle of freedom of contract and to the enforceability of operating agreements. (c) Unless displaced by particular provisions of this chapter, the principles of law and equity supplement this chapter. (d) If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application. To this end, the provisions of this chapter are severable. (e) A limited liability company may conduct its business, carry on its operations and have and exercise the powers granted by this chapter in any state, territory, district, or possession of the United States or in any foreign country. (f) The laws of this state relating to establishment and regulation of professional services are amended and superseded to the extent such laws are inconsistent as to form of organization with the provisions of this chapter and are deemed amended to permit the provision of professional services within this state by limited liability companies.

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(g) Nothing in this chapter is intended to restrict or limit in any manner the authority and duty of any regulatory or other body licensing professionals within this state to license individuals rendering professional services or to regulate the practice of any profession that is within the jurisdiction of the regulatory or other body licensing such professionals within this state, notwithstanding that the person is a member, manager, or employee of a limited liability company and rendering the professional services or engaging in the practice of the profession through a limited liability company. (h) The personal liability of a member of a limited liability company to any person or in any action or proceeding for the debts, obligations, or liabilities of the limited liability company, or for the acts or omissions of other members, managers, employees, or agents of the limited liability company, shall be governed solely and exclusively by this chapter and the laws of this state. Whenever a conflict arises between the laws of this state and the laws of any other state with regard to the liability of members of a limited liability company for the debts, obligations, and liabilities of the limited liability company or for the acts or omissions of other members, managers, employees, or agents of the limited liability company, this state's laws shall be deemed to govern in determining such liability. (i) The provisions of this chapter shall determine the rights and obligations of a limited liability company organized under this chapter in commerce with foreign nations and among the several states to the extent permitted by law. (j) A member of a limited liability company is not a proper party to a proceeding by or against a limited liability company, solely by reason of being a member of the limited liability company, except (1) Where the object of the proceeding is to enforce a member's right against or liability to the limited liability company; or

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(2) In a derivative action authorized by Article 8 of this chapter. (k) The General Assembly has power to amend or repeal all or part of this chapter at any time, and all limited liability companies and foreign limited liability companies subject to this chapter are governed by the amendment or repeal. (l) Any provision that this chapter requires or permits to be set forth in an operating agreement may be set forth in the articles of organization. In the event of any conflict between a provision of the articles of organization and a provision of an operating agreement, the provision of the articles of organization shall govern. (m) Each provision of this chapter shall have independent legal significance. (n) Nothing in this chapter shall be construed as establishing that a limited liability company interest is not a `security' within the meaning of paragraph (26) of subsection (a) of Code Section 10-5-2 (or any successor statute). 14-11-1108. (a) A limited liability company's registered agent is the limited liability company's agent for service of process, notice, or demand required or permitted by law to be served on the limited liability company. If a limited liability company has no registered agent or the agent cannot with reasonable diligence be served, the limited liability company may be served by registered or certified mail, return receipt requested, addressed to the limited liability company at its principal office. Service is perfected under the immediately preceding sentence at the earliest of: (1) The date the limited liability company receives the mail; (2) The date shown on the return receipt, if signed on behalf of the limited liability company; or

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(3) Five days after its deposit in the mail, as evidenced by the postmark, if mailed postage prepaid and correctly addressed. This subsection does not prescribe the only means, or necessarily the required means, of serving a limited liability company. (b) Venue in proceedings against a limited liability company or foreign limited liability company shall be determined in accordance with the pertinent constitutional and statutory provisions of this state in effect on March 1, 1994, or thereafter. For purposes of determining venue, the residence of a limited liability company or foreign limited liability company shall be determined in accordance with Code Section 14-2-510 as though such limited liability company or foreign liability company were a corporation. 14-11-1109. This chapter shall become effective on March 1, 1994. The provisions of law that became effective on July 1, 1992, and that were codified at Code Sections 14-11-1 through 14-11-19 are hereby repealed. A foreign limited liability company that prior to March 1, 1994, obtained a certificate of authority to transact business in this state is not required to obtain a new certificate of authority by reason of the enactment of this chapter. Part II Section 2. Said title is further amended by adding, following Code Section 14-2-1109, a new Code Section 14-2-1109.1 to read as follows: 14-2-1109.1. (a) As used in this Code section, the term `limited liability company' means any limited liability company formed under Chapter 11 of this title. (b) A corporation may elect to become a limited liability company if the board of directors adopts and its shareholders approve a plan of election. (c) The plan of election must set forth:

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(1) The name of the limited liability company to be formed pursuant to such election; (2) The manner and basis of converting the shares of such corporation into interests as members of the limited liability company to be formed pursuant to such election or a statement that such information is contained in the operating agreement proposed for such limited liability company; (3) The effective date and time of such election, if later than the date and time the certificate of election is filed; (4) The contents of the articles of organization that shall be the articles of organization of the limited liability company to be formed pursuant to such election unless and until modified in accordance with the provisions of Chapter 11 of this title; and (5) The contents of the operating agreement to be entered into among the persons who will be the members of the limited company to be formed pursuant to such election, which shall, if not separately provided in the plan of election, state the manner and basis for the conversion of the shares of such corporation into interests as members of the limited liability company to be formed pursuant to such election and that notification that approval of the election will be deemed to be execution of the operating agreement by such persons. (d) For a plan of election to become a limited liability company to be approved: (1) The board of directors must recommend the plan of election to the shareholders in the same manner as provided in subsections (a) through (d) of the Code Section 14-2-1103; and (2) All of the shareholders must approve the plan of election.

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(e) After a plan of election is approved by the shareholders, the corporation shall deliver to the Secretary of State for filing a certificate of election complying with subsection (b) of Code Section 14-11-212. Section 3. Said title is further amended by striking Code Section 14-9-206.1, relating to mergers of limited partnerships, and inserting in lieu thereof a new Code Section 14-9-206.1 to read as follows: 14-9-206.1. (a) Pursuant to a written agreement, a domestic limited partnership may merge with one or more domestic or foreign limited partnerships, limited liability companies, or corporations. The agreement shall designate the surviving domestic or foreign limited partnership, limited liability company, or corporation; provided, however, that in any merger of a domestic limited partnership with a domestic corporation, the domestic corporation must survive. The agreement of merger may also set forth: (1) The terms and conditions of the merger; (2) The manner and basis of converting the interests in the constituent domestic or foreign limited partnerships, domestic or foreign limited liability companies, or foreign corporations into interests in the surviving domestic or foreign limited partnership, limited liability company, or corporation or, in whole or in part, into cash or other property; and (3) The rights and, subject to Code Section 14-9-502, obligations of the partners of the surviving domestic limited partnership. (b) The surviving entity shall file a certificate of merger with the Secretary of State on behalf of each domestic limited partnership that is a party to the merger. The certificate shall state: (1) The name and state of domicile of each of the constituent entities;

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(2) That an agreement of merger has been approved by the requisite action by each of the constituent entities; (3) The name and state of domicile of the surviving partnership, limited liability company, or corporation; (4) The effective date or time, which shall be a date or time certain, of the merger if not effective on the date of filing of the certificate of merger; (5) If the surviving entity is a foreign limited partnership, foreign corporation, or foreign limited liability company without a certificate of authority to do business in this state, that the Secretary of State is appointed agent of the surviving limited partnership, foreign corporation, or foreign limited liability company on whom process in this state in any action, suit, or proceeding for the enforcement of an obligation of a domestic limited partnership constituent to the merger may be served and the address to which a copy of the process is to be mailed. If the surviving entity is a domestic or foreign limited liability company, it shall also comply with the filing requirements of the laws of the state of its formation governing limited liability companies. If the surviving entity is a domestic or foreign corporation, it shall also comply with the filing requirements of the laws of the state of its incorporation governing corporations. (c) On the effective date of the merger, each partnership that is not the surviving limited partnership in the merger is terminated. (d) The certificate of merger filed pursuant to subsection (b) of this Code section shall have the effect of the certificate of cancellation for a domestic or registered foreign limited partnership that is not the surviving domestic or foreign limited partnership in the merger. (e) On service on the Secretary of State pursuant to appointment under paragraph (5) of subsection (b) of this Code

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section, subsection (i) of Code Section 14-9-902.1 is applicable, except that the plaintiff in the action, suit, or proceeding shall certify to the Secretary of State that he or she has forwarded by registered mail such process, service, or demand to the address specified in the certificate of merger as required by paragraph (5) of subsection (b) of this Code section. (f) When the certificate of merger required by subsection (b) of this Code section is effective, then for all purposes of the law of this state: (1) The surviving entity shall thereupon and thereafter possess all of the rights, privileges, immunities, franchises, and powers of each of the merging domestic limited partnerships, and all property, real, personal, and mixed, and all debts due to any of those limited partnerships, as well as all other choses in action, and each and every other interest of or belonging to or due to each of the merged domestic limited partnerships shall be taken and deemed to be transferred to and vested in the surviving entity without further act or deed; and the title to any real estate, or any interest therein, vested in any of the merged domestic limited partnerships shall not revert or be in any way impaired by reason of such merger. (2) The surviving entity shall thereupon and thereafter be responsible and liable for all the liabilities and obligations of each of the merged domestic limited partnerships; and any claim existing or action or proceeding pending by or against any of such partnerships may be prosecuted as if such merger had not taken place, or such surviving entity may be substituted in its place. Neither the rights of creditors nor any liens upon the property of any such partnership shall be impaired by such merger. (3) When a limited partnership merges with a corporation pursuant to this Code section, the effect of the merger shall be the same as if the limited partnership had been a corporation under the law governing the surviving corporation.

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(4) When a limited partnership merges with a limited liability company pursuant to this Code section, the effect of the merger shall be the same as if the limited partnership had been a limited liability company under the law governing the surviving limited liability company. Section 4. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by striking subsection (m) of Code Section 43-1-19, relating to grounds for a state examining board to refuse to grant or to revoke a license and procedures related thereto, and inserting in lieu thereof a new subsection (m) to read as follows: (m) This Code section shall apply equally to all licensees or applicants whether individuals, partners, or members of any other incorporated or unincorporated associations, corporations, limited liability companies, or other associations of any kind whatsoever. Section 5. Said title is further amended by striking Code Section 43-1-24, relating to licensed professionals subject to regulation by state examining boards, and inserting in lieu thereof a new Code Section 43-1-24 to read as follows: 43-1-24. Any person licensed by a state examining board and who practices a `profession,' as defined in Chapter 7 of Title 14, the `Georgia Professional Corporation Act,' or who renders `professional services,' as defined in Chapter 10 of Title 14, `The Professional Association Act,' whether such person is practicing or rendering services as a proprietorship, partnership, professional corporation, professional association, other corporation, limited liability company, or any other business entity, shall remain subject to regulation by that state examining board, and such practice or rendering of services in that business entity shall not change the law or existing standards applicable to the relationship between that person rendering a professional service and the person receiving such service, including but not limited to the rules of privileged communication and the contract, tort, and other legal liabilities and professional relationships between such persons.

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Section 6. Said title is further amended by striking Code Section 43-3-2, relating to definitions relative to accountancy, and inserting in lieu thereof a new Code Section 43-3-2 to read as follows: 43-3-2. As used in this chapter, the term: (1) `Board' means the State Board of Accountancy. (2) `Firm' means any person, proprietorship, partnership, corporation, association, or any other legal entity which practices public accountancy. (3) `Live permit' means a permit issued under Code Section 43-3-24 which is in full force and effect. (4) `State' means the District of Columbia and any state other than this state and any territory or insular possession of the United States. Section 7. Said title is further amended by striking paragraph (4) of subsection (a) of Code Section 43-3-5, relating to promulgation of rules and regulations by the State Board of Accountancy, and inserting in lieu thereof a new paragraph (4) to read as follows: (4) Regulations governing individuals or firms engaged in this state in the practice of public accountancy; Section 8. Said title is further amended by striking Code Section 43-3-21, which reads as follows: 43-3-21. (a) A partnership practicing public accountancy in this state may register with the board as a partnership of certified public accountants, provided it meets the following requirements: (1) At least one general partner thereof is a certified public accountant of this state in good standing; (2) Each partner thereof is a certified public accountant of some state in good standing;

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(3) Each resident manager in charge of an office of the partnership in this state and each partner thereof personally engaged within this state in the practice of public accountancy as a partner thereof must be a certified public accountant of this state in good standing; and (4) The partnership is in compliance with such other regulations pertaining to partnerships practicing public accountancy in this state as the board may prescribe. (b) A professional association practicing public accountancy in this state may register with the board as a professional association of certified public accountants, provided it meets the following requirements: (1) The professional association is in compliance with all requirements and provisions of Chapter 10 of Title 14, the `Georgia Professional Association Act'; (2) Each resident manager in charge of an office of the professional association in this state and each member thereof personally engaged within this state in the practice of public accountancy as a member thereof must be a certified public accountant of this state in good standing; and (3) The professional association is in compliance with such regulations pertaining to professional associations practicing public accountancy in this state as the board may prescribe. (c) A professional corporation practicing public accountancy in this state may register with the board as a professional corporation of certified public accountants, provided it meets the following requirements: (1) The professional corporation is in compliance with all requirements and provisions of Chapter 7 of Title 14, the `Georgia Professional Corporation Act';

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(2) Each resident manager in charge of an office of the professional corporation in this state and each member thereof personally engaged within this state in the practice of public accountancy as a member thereof must be a certified public accountant of this state in good standing; and (3) The professional corporation is in compliance with such regulations pertaining to professional corporations practicing public accountancy in this state as the board may prescribe., and inserting in lieu thereof a new Code Section 43-3-21 to read as follows: 43-3-21. (a) A firm practicing public accountancy in this state shall register with the board as a firm of public accountants, provided it meets the following requirements: (1) Each partner, member, or shareholder of the firm shall be a certified or registered public accountant of some state in good standing; (2) The firm shall be in compliance with all requirements and provisions of state law governing the organizational form of the firm; (3) The firm shall comply with all regulations pertaining to firms registered with the board; and (4) The resident manager of the office of the firm and each partner, member, or shareholder thereof personally engaged within this state in the practice of public accountancy shall be a certified or registered public accountant of this state in good standing. (b) A firm may register as a firm of certified public accountants as long as it meets the requirements of subsection (a) of this Code section and all partners, members, or shareholders of the firm are certified public accountants of some state in good standing.

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Section 9. Said title is further amended by striking Code Section 43-3-22, which reads as follows: 43-3-22. (a) A partnership practicing public accountancy in this state may register with the board as a partnership of public accountants, provided it meets the following requirements: (1) At least one general partner thereof is a certified public accountant or a public accountant of this state in good standing; (2) Each partner thereof is a certified public accountant or a public accountant of some state in good standing; (3) Each resident manager in charge of an office of the partnership in this state and each partner thereof personally engaged within this state in the practice of public accountancy as a partner thereof must be a certified public accountant or public accountant of this state in good standing; and (4) The partnership is in compliance with such other regulations pertaining to partnerships practicing public accountancy in this state as the board may prescribe. (b) A professional association practicing public accountancy in this state may register with the board as a professional association of public accountants, provided it meets the following requirements: (1) The professional association is in compliance with all requirements and provisions of Chapter 10 of Title 14, the `Georgia Professional Association Act,' provided that nothing in such chapter shall be construed to prohibit certified public accountants from joining with public accountants to form such a professional association;

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(2) Each resident manager in charge of an office of the professional association in this state and each member thereof personally engaged within this state in the practice of public accountancy as a member thereof must be a certified public accountant or public accountant of this state in good standing; and (3) The professional association is in compliance with such regulations pertaining to professional associations practicing public accountancy in this state as the board may prescribe., and inserting in lieu thereof the following: 43-3-22. Reserved. Section 10. Said title is further amended by striking Code Section 43-3-23, relating to registration of offices and resident managers of certified public accountants or public accountants, and inserting in lieu thereof a new Code Section 43-2-23 to read as follows: 43-3-23. Each office established or maintained for practice in this state by a certified public accountant or a firm of certified public accountants, by a public accountant or a firm of public accountants, or by one registered under Code Section 43-3-20 shall be registered biennially under this chapter with the board, provided that any such office opened between biennial reporting periods shall register with the board within 60 dats after it is opened. Each such office shall be under the supervision of a resident manager who may be either a partner, principal, shareholder, member, or a staff employee holding a live permit. The board, by regulation, shall prescribe the procedure to be followed in effecting such registration. Section 11. Said title is further amended by striking Code Section 43-3-24, relating to issuance of permits to practice accountancy and issuance of temporary permits to nonresidents, and inserting in lieu thereof a new Code Section 43-3-24 to read as follows:

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43-3-24. (a) A permit to engage in the practice of public accountancy in this state shall be issued by the joint-secretary, at the direction of the board, to each person who is certificated as a certified public accountant under Code Sections 43-3-6 through 43-3-12, registered as a public accountant under Code Sections 43-3-13 through 43-3-19, or registered as a foreign accountant under Code Section 43-3-20 who shall have furnished evidence, satisfactory to the board, of compliance with the requirements of Code Section 43-3-25, and to individuals and firms registered under Code Section 43-3-21, provided that all offices of such certificate holder or registrant are maintained and registered as required under Code Section 43-3-22. There shall be a biennial permit fee in an amount to be determined by the board. (b) For the purpose of enabling persons or firms licensed in other states to perform specific professional engagements involving the practice of public accounting in this state, the board shall grant temporary permits to practice to persons or firms who make application and demonstrate their qualifications therefor in accordance with the following provisions: (1) An applicant for a temporary permit under this subsection shall show that he or she is duly licensed and authorized to practice as a certified public accountant or as a firm of certified public accountants or the equivalent in another state or as a registered public accountant or as a firm of registered public accountants or the equivalent in another state and shall give the name of each person who will be engaged in the practice of public accounting in this state in the performance of the professional engagement which is the subject of the application; (2) The board shall charge a fee for each application for issuance or renewal of a temporary permit under this subsection, in an amount to be determined by the board by rule, for each applicant and for each person who is to engage in the practice of public accounting in this state under the permit;

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(3) A temporary permit issued under this Code section shall be limited to the single specific professional engagement which is the occasion for the application for a permit; it shall name each person who is to engage in the practice of public accounting in this state pursuant to such engagement; and it shall be valid for no more than 90 days after its issuance; (4) An application for a temporary permit under this subsection shall constitute the appointment of the Secretary of State as the applicant's agent upon whom process may be served in any action or proceeding against the applicant arising out of any transaction or operation connected with or incidental to the performance of the professional engagement for which the temporary permit was issued; and (5) No temporary permit shall be issued to, or with respect to the performance of services by, any person who is a resident of this state. Section 12. Said title is further amended by striking Code Section 43-3-29, relating to the revocation, suspension, or refusal to renew a partnership, professional association, or corporation registration or permit to practice accountancy, and inserting in lieu thereof a new Code Section 43-3-29 to read as follows: 43-3-29. (a) After notice and hearing, as provided in Code Section 43-3-30, the board, in its discretion, may revoke the registration and permit to practice of a firm if at any time it does not have all the qualifications prescribed by the Code section under which it qualified for registration. (b) After notice and hearing as provided in Code Section 43-3-30, the board may revoke or suspend the registration of a firm or may revoke, suspend, or refuse to renew its valid permit or may censure the holder of any such permit for any of the following causes in addition to those enumerated in Code Section 43-3-28:

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(1) The revocation or suspension of the certificate or registration or the revocation or suspension or refusal to renew the permit to practice of any partner, member, or shareholder required by law to have such certificate, registration, or permit as a condition to the firm's registration or permit; (2) The cancellation, revocation, suspension, or refusal to renew the authority of the firm, or any partner, member, or shareholder thereof, to practice public accountancy in any other state for any cause other than voluntary withdrawal or failure to pay registration fees in such other state; or (3) The failure of such firm to register or renew its registration under Code Section 43-3-23 or the failure of such office to comply with any of the provisions of Code Section 43-3-23.1 or 43-3-23.2. Section 13. Said title is further amended by striking Code Section 43-3-29.1, relating to sanctions related to accountancy, and inserting in lieu thereof a new Code Section 43-3-29.1 to read as follows: 43-3-29.1. After notice and hearing as provided in Code Section 43-3-30, the board may impose any one or more of the following sanctions in addition to the actions described in Code Sections 43-3-28 and 43-3-29 for any of the causes described in Code Sections 43-3-28 and 43-3-29: (1) Require the licensee or licensees to complete successfully the specific courses or types of continuing education as specified by the board or pass special examinations as specified by the board, all at the cost and expense of the licensee or licensees; (2) Require the licensee or firm holding a live permit to submit to a preissuance review prior to the issuance of any future reports, in a manner and for a duration as set by the board by a reviewer selected by the board at the licensee's or holder's cost and expense; or

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(3) Require a licensee or firm holding a valid permit to submit to a peer review of its accounting and auditing practices upon such terms and conditions as shall be determined by the board at the cost and expense of such licensee or holder of a valid permit. Section 14. Said title is further amended by striking subsection (a) of Code Section 43-3-32, relating to ownership of an accountant's working papers, and inserting in lieu thereof a new subsection (a) to read as follows: (a) All statements, records, schedules, working papers, computer printouts, computer tapes, and memoranda made by a certified public accountant or public accountant incident to, or in the course of, professional service to clients by such certified public accountant or public accountant, except reports submitted by a certified public accountant or public accountant to a client, shall be and remain the property of such certified public accountant or public accountant and his or her partners, fellow shareholders, or fellow members of the firm, in the absence of an express agreement between such certified public accountant or public accountant and the client to the contrary. No such statement, record, schedule, working paper, or memorandum shall be sold, transferred, or bequeathed, without the consent of the client or his personal representative or his assignee, to anyone other than one or more surviving partners, fellow shareholders, or fellow members of the firm of such certified public accountant or public accountant. Section 15. Said title is further amended by striking Code Section 43-3-35, relating to the use of titles or devices, false or fraudulent claims, and regulation of solicitation of employment as an accountant, and inserting in lieu thereof a new Code Section 43-3-35 to read as follows: 43-3-35. (a) No individual shall assume or use the title or designation `certified public accountant' or the abbreviation `C.P.A.' or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that such individual is a certified public accountant unless such individual has received a certificate as a certified public accountant

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under this chapter, holds a live permit, and all of such individual's offices in this state for the practice of public accountancy are maintained and registered as required under Code Section 43-3-23, provided that a foreign accountant who has registered under Code Section 43-3-20 and who holds a live permit may use the title under which he or she is generally known in his or her country, followed by the name of the country from which he or she received his or her certificate, license, or degree. (b) No firm or any other person or entity shall assume or use the title or designation `certified public accountant' or the abbreviation `C.P.A.' or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that such firm, person, or entity is composed of certified public accountants unless such firm, person, or entity is registered as a firm of certified public accountants under Code Section 43-3-21, holds a live permit, and all offices of such firm in this state for the practice of public accountancy are maintained and registered as required under Code Section 43-3-23. (c) No individual shall assume or use the title or designation `public accountant' or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that such individual is a public accountant unless such individual has been registered as a public accountant under this chapter, holds a live permit, and all of such person's offices in this state for the practice of public accountancy are maintained and registered as required under Code Section 43-3-23 or unless such person is entitled to use the designation `certified public accountant' under subsection (a) of this Code section and holds a live permit, provided that nothing in this subsection shall be construed to prohibit the use of the abbreviation `P.A.' in accordance with the provisions of Chapter 10 of Title 14, the `Georgia Professional Association Act,' or Chapter 7 of Title 14, the `Georgia Professional Corporation Act,' or any abbreviation authorized by Chapter 11 of Title 14, the `Georgia Limited Liability Company Act.'

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(d) No firm or any other person or entity shall assume or use the title or designation `public accountant' or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that such firm or other person or entity is composed of public accountants unless such firm or other person or entity is registered as a firm of public accountants under Code Section 43-3-22, holds a live permit, and all offices of such firm or other person or entity in this state for the practice of public accountancy are maintained and registered as required under Code Section 43-3-22, provided that nothing in this subsection shall be construed to prohibit the use of the abbreviation `P.A.' in accordance with Chapter 10 of Title 14, the `Georgia Professional Association Act,' or Chapter 7 of Title 14, the `Georgia Professional Corporation Act,' or any abbreviation authorized by Chapter 11 of Title 14, the `Georgia Limited Liability Company Act.' (e) No individual, firm, or any other person or entity shall assume or use: (1) any title or designation likely to be confused with `certified public accountant' or `public accountant,' including, without limiting the generality of the foregoing, `certified accountant,' `enrolled accountant,' `licensed accountant,' `licensed public accountant,' or `registered accountant'; or (2) any abbreviation likely to be confused with `C.P.A.' or `P.A.,' including, without limiting the generality of the foregoing, `C.A.,' `E.A.,' `R.A.,' `L.A.,' or `L.P.A.,' provided that nothing in this subsection shall be construed to prohibit the use of the abbreviation `P.A.' in accordance with Chapter 10 of Title 14, the `Georgia Professional Association Act,' or Chapter 7 of Title 14, the `Georgia Professional Corporation Act,' or any abbreviation authorized by Chapter 11 of Title 14, the `Georgia Limited Liability Company Act'; and, provided, further, that a foreign accountant registered under Code Section 43-3-20 who holds a live permit and all of whose offices in this state for the practice of public accountancy are maintained and registered as required under Code Section 43-3-23 may use the title under which he or she is generally known in his or her country, followed by the name of the country from which he or she received his or her certificate, license, or degree.

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(f) No individual shall sign or affix his or her name or any trade assumed name used by him or her in his or her profession or business to any opinion or certificate attesting in any way to the reliability of any representation or estimate in regard to any person or organization embracing (1) financial information, or (2) facts respecting compliance with conditions established by law or contract, including but not limited to statutes, ordinances, regulations, grants, loans, and appropriations, together with any wording accompanying, contained in, or affixed on such opinion or certificate, which indicates that he or she has expert knowledge in accounting or auditing unless he or she holds a live permit and all of his or her offices in this state for the practice of public accountancy are maintained and registered under Code Section 43-3-23, provided that this subsection shall not prohibit any officer, employee, partner, member, or principal of any organization from affixing his or her signature to any statement or report in reference to the affairs of such organization with any wording designating the position, title, or office which he or she holds in such organization, nor shall this subsection prohibit any act of a public official or public employee in the performance of his or her duties as such. (g) No person shall sign or affix, or cause to be signed or affixed, a firm name to any opinion or certificate attesting in any way to the reliability of any representation or estimate in regard to any person or organization embracing (1) financial information, or (2) facts respecting compliance with conditions established by law or contract, including but not limited to statutes, ordinances, regulations, grants, loans, and appropriations, together with any wording accompanying or contained in such opinion or certificate, which indicates that such firm is composed of or employs persons having expert knowledge in accounting or auditing unless the firm holds a live permit and all of its offices in this state for the practice of public accountancy are maintained and registered as required under Code Section 43-3-23. (h) A licensee shall not use or participate in the use of any form of public communication having reference to his or her professional services which contains a false, fraudulent, misleading, deceptive, or unfair statement or claim. A false,

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fraudulent, misleading, deceptive, or unfair statement or claim includes but is not limited to a statement or claim which: (1) Contains a misrepresentation of fact; (2) Is likely to mislead or deceive because it fails to make full disclosure of relevant facts; (3) Contains any testimonial, laudatory, or other statement or implication that the licensee's professional services are of exceptional quality, if not supported by verifiable facts; (4) Is intended or likely to create false or unjustified expectations of favorable results; (5) Implies educational or professional attainments or licensing recognition not supported in fact; (6) States or implies that the licensee has received formal recognition as a specialist in any aspect of the practice of public accounting, except in accordance with rules adopted by the board; (7) Represents that professional services can or will be completely performed for a stated fee when this is not the case or makes representations with respect to fees for professional services that do not disclose all variables that may reasonably be expected to affect the fees that will in fact be charged; or (8) Contains other representations or implications that in reasonable probability will cause an ordinarily prudent person to misunderstand or be deceived. (i) The board may by rule or regulation prohibit a licensee from soliciting by any direct personal communication an engagement to perform professional services. Section 16. Said title is further amended by striking subsection (a) of Code Section 43-3-36, relating to exceptions to

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operation of Chapter 3 of Title 43, and inserting in lieu thereof a new subsection (a) to read as follows: (a) Nothing contained in this chapter shall prohibit any person who is not a certified public accountant or public accountant from serving as an employee of or an assistant to a certified public accountant or public accountant or firm of certified public accountants or public accountants holding a live permit or a foreign accountant registered under Code Section 43-3-20 and holding a live permit, provided that such employee or assistant shall not issue or attest to any accounting or financial statement over his name. Section 17. Said title is further amended by striking subsection (c) of Code Section 43-4-10, relating to compliance with the requirements of Article 1 of Chapter 4 of Title 43 relative to architects in general and practice of architecture by firms, partnerships, and corporations, and inserting in lieu thereof a new subsection (c) to read as follows: (c) No firm, partnership, limited liability company, corporation, or other similar organization shall be registered as architects. Firms, partnerships, limited liability companies, and corporations may practice architecture, as defined by this article, and perform the services heretofore enumerated common to the practice of architecture, provided that all such work and services are performed under the personal direction of an architect registered in this state who is a director, in the case of a corporation, or who is a partner, in the case of a partnership or who is a member, in the case of a limited liability company; and provided, further, that the administration of construction contracts shall be under the personal direction of the registered architects and that such plans, drawings, and specifications shall be prepared under the personal direction of such registered architects and bear their individual signatures and seals. Every firm, partnership, limited liability company, and corporation performing architectural services as described in this article shall submit, as required by the rules of the board, a certification in a form provided by the board in which information shall be fully set forth concerning the firm, partnership, limited liability

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company, or corporation engaged in the practice of architecture. Section 18. Said title is further amended by striking subsection (a) of Code Section 43-4-13, relating to suspension or revocation of a certificate of an architect and reprimands, and inserting in lieu thereof a new subsection (a) to read as follows: (a) The board shall have the power to suspend or revoke the certificate of registration or reprimand any registrant who is found guilty of the following: (1) The commission of any fraud, deceit, or misrepresentation in obtaining a certificate of registration; (2) Any gross negligence, incompetence, unprofessional conduct, or recklessness in his or her professional practice; (3) Permitting the use of his or her seal by any firm, partnership, limited liability company, or corporation without complying with the provisions of Code Section 43-4-10 as to his or her personal direction and supervision of architectural services performed by such firm, partnership, limited liability company, or corporation; (4) The conviction by any court of record of the United States of any act which would constitute a felony or a crime involving moral turpitude in this state or a plea of nolo contendere to any such charge; or (5) Any violation of this article or any rule, regulation, or standard of conduct promulgated by the board pursuant to the powers conferred upon it by this article. Section 19. Said title is further amended by striking Code Section 43-4-16, relating to petitions for injunctions relative to the practice of architecture, and inserting in lieu thereof a new Code Section 43-4-16 to read as follows: 43-4-16. As cumulative of any other remedy or criminal prosecution, whenever it appears to the board that any

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person, firm, partnership, limited liability company, or corporation is or has been violating any of the provisions of this article, or the lawful rules, regulations, or orders of the board, or any of the laws of this state relating to the practice of architecture, the board, on its own motion, may bring an action in its own name in the superior courts of this state alleging the facts and praying for a temporary restraining order and an injunction against such person, firm, partnership, limited liability company, or corporation, restraining him, her, or it from violating such law, order, rule, or regulation. Upon proof of such facts, the court shall issue a restraining order or injunction, or both, without requiring allegation or proof that the petitioner therefor has no adequate remedy at law. Section 20. Said title is further amended by striking subsection (a) of Code Section 43-4A-5, relating to application for registration as an athlete agent, and inserting in lieu thereof a new subsection (a) to read as follows: (a) A written application for registration or registration renewal shall be made to the commission on the form prescribed by the commission and shall, at a minimum, state the following: (1) The name of the applicant and address of the applicant's residence; (2) The address where the business of the athlete agent is to be conducted; (3) The business or occupation engaged in by the applicant for at least two years immediately preceding the date of application; (4) Such biographical information on the applicant as may be deemed necessary by the commission; and (5) The names and addresses of all persons, except bona fide employees on stated salaries, who are financially interested, either as partners, members of a limited

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liability company, associates, or profit sharers, in the operation of the business of the athlete agent. Section 21. Said title is further amended by striking paragraph (5) of Code Section 43-6-1, relating to definitions relative to auctioneers, and inserting in lieu thereof a new paragraph (5) to read as follows: (5) `Company' means an association, partnership, limited liability company, corporation, or sole proprietorship and shall also include the officers, directors, members, and employees of such entities. Section 22. Said title is further amended by striking Code Section 43-6-10, relating to applications by persons for licenses as auctioneers and apprentice auctioneers, and inserting in lieu thereof a new Code Section 43-6-10 to read as follows: 43-6-10. Any person desiring to act as an auctioneer or apprentice auctioneer must file an application for a license with the commission. The application shall be in such form and detail as the commission shall prescribe, setting forth the following: (1) The name and address of the applicant or the name under which he or she intends to conduct business; if the applicant is a partnership or limited liability company, the name and residence address of each member thereof and the name under which the partnership or limited liability company business is to be conducted; and, if the applicant is a corporation, the name and address of each of its principal officers; (2) The place or places, including the municipality, with the street and street number, if any, where the business is to be conducted; and (3) Such other information as the commission shall require. Section 23. Said title is further amended by striking subsection (a) of Code Section 43-6-16, relating to grounds for

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refusal to issue a license as an auctioneer or apprentice auctioneer, and inserting in lieu thereof a new subsection (a) to read as follows: (a) Licenses shall be granted only to persons who bear a good reputation for honesty, trustworthiness, integrity, and competence to transact the business of auctioneer or apprentice auctioneer in such manner as to safeguard the interest of the public and only after satisfactory proof of such qualifications has been presented to the commission. The commission shall grant a license to a corporation, limited liability company, or partnership only if the stockholder, member, or partner having a controlling interest therein bears a good reputation for honesty, trustworthiness, and integrity. Section 24. Said title is further amended by striking paragraph (6) of subsection (d) of Code Section 43-6-22.1, relating to the auctioneers education, research, and recovery fund, and inserting in lieu thereof a new paragraph (6) to read as follows: (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, limited liability company, or partnership, the license of the supervising auctioneer of the corporation, limited liability company, 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. Section 25. Said title is further amended by striking subsection (m) of Code Section 43-10A-17, relating to enforcement

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of Chapter 10A of Title 17 relating to professional counselors, social workers, and marriage and family therapists, and inserting in lieu thereof a new subsection (m) to read as follows: (m) This Code section shall apply equally to all licensees or applicants whether individuals, partners, or members of any other incorporated or unincorporated associations, limited liability companies, corporations, or other associations of any kind whatsoever. Section 26. Said title is further amended by striking subsection (m) of Code Section 43-11-47, relating to refusal to grant, or revocation of, licenses to practice dentistry, and inserting in lieu thereof a new subsection (m) to read as follows: (m) This Code section shall apply equally to all licensees or applicants whether individuals, partners, or members of any other incorporated or unincorporated associations, limited liability companies, corporations, or other associations of any kind whatsoever. Section 27. Said title is further amended by striking Code Section 43-13-2, relating to definitions relating to instructors in driver training and operators of driver training schools, and inserting in lieu thereof a new Code Section 43-13-2 to read as follows: 43-13-2. As used in this chapter, the term: (1) `Department' means the Department of Public Safety acting directly or through its duly authorized officers and agents. (2) `Driver training schools' means any person, partnership, limited liability company, or corporation giving driving instruction to ten or more persons per calendar year for the purpose of assisting such persons to meet the requirements for licensed driving of motor vehicles in this state.

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(3) `Driver's license examiners' means examiners appointed by the Department of Public Safety for the purpose of giving driver's license examinations. (4) `Motor vehicle' means every vehicle which is self-propelled upon, or by which any person or property is or may be transported or drawn upon, a public highway except devices used exclusively upon stationary rails or tracks. (5) `Person' means every natural person, firm, partnership, limited liability company, association, corporation, or school. Section 28. Said title is further amended by striking paragraphs (10.2) and (14) of Code Section 43-14-2, relating to definitions relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, and inserting new paragraphs (10.2) and (14) to read as follows: (10.2) `Low-voltage contractor' means an individual who is engaged in low-voltage contracting under express or implied contract or who bids for, offers to perform, purports to have the capacity to perform, or does perform low-voltage contracting services under express or implied contract. An employee of a low-voltage contractor who receives only a salary or hourly wage for performing low-voltage contracting work shall not be required to be licensed under this chapter, except that those employees upon whom the qualification of a partnership, limited liability company, or corporation rests as outlined in subsection (b) of Code Section 43-14-8.1 shall be licensed. (14) `Utility contractor' means an individual who is engaged in utility contracting under express or implied contract or who bids for, offers to perform, purports to have the capacity to perform, or does perform utility contracting under express or implied contract. An employee of a utility contractor who receives only a salary or hourly wage for performing utility contracting shall not be required to be licensed under this chapter, except that those employees upon

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whom the qualification of a partnership, limited liability company, or corporation rests pursuant to subsection (b) of Code Section 43-14-8.2 shall be licensed. Section 29. Said title is further amended by striking subsections (d) through (j) of Code Section 43-14-8, relating to licensing for electrical, plumbing, or conditioned air contracting, and inserting in lieu thereof new subsections (d) through (j) to read as follows: (d) Notwithstanding any other provision of this chapter, prior to and including September 30, 1983, the following person,s desiring to qualify under the provisions stated in this subsection, shall be issued a state-wide license without restriction by the appropriate division of the State Construction Industry Licensing Board, provided that such individual submits proper application and pays or has paid the required fees and is not otherwise in violation of this chapter: (1) Any individual holding a license issued by the State Construction Industry Licensing Board, prior to the effective date of this chapter; (2) Any individual holding a license issued by the State Board of Electrical Contractors, the State Board of Examiners of Plumbing Contractors, or the State Board of Warm Air Heating Contractors; (3) Any individual holding a license to engage in such vocation issued to him or her by any governing authority of any political subdivision; and (4) Any individual who has successfully and efficiently engaged in such vocation in a local jurisdiction, which did not issue local licenses, for a period of at least two consecutive years immediately prior to the time of application. To prove that he or she has successfully engaged in said vocation, the individual shall only be required to give evidence of three successful jobs completed over such period. Such applicant shall swear before a notary public that such evidence is true and accurate prior to its submission to the division.

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(e) The decision of the division as to the necessity of taking the examination or as to the qualifications of applicants taking the required examination shall, in the absence of fraud, be conclusive. All individuals, partnerships, limited liability companies, or corporations desiring to engage in such vocation after September 30, 1983, shall take the examination and qualify under this chapter before engaging in such vocation or business, including such vocation at the local level. (f) No partnership, limited liability company, or corporation shall have the right to engage in the business of electrical contracting unless there is regularly connected with such partnership, limited liability company, or corporation a person or persons actually engaged in the performance of such business on a full-time basis who have valid licenses issued to them as provided for in this chapter. (g) No partnership, limited liability company, or corporation shall have the right to engage in the business of plumbing unless there is regularly connected with such partnership, limited liability company, or corporation a person or persons actually engaged in the performance of such business on a full-time basis who have valid licenses for master plumbers issued to them as provided in this chapter. (h) No partnership, limited liability company, or corporation shall have the right to engage in the business of conditioned air contracting unless there is regularly connected with such partnership, limited liability company, or corporation a person or persons actually engaged in the performance of such business on a full-time basis who have valid licenses issued to them as provided for in this chapter. (i) It shall be the duty of all partnerships, limited liability companies, and corporations qualified under this chapter to notify the appropriate division immediately of the severance of connection with such partnership, limited liability company, or corporation of any person or persons upon whom such qualification rested.

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(j) All applicants for examinations and licenses provided for by this chapter and all applicants for renewal of licenses under this chapter shall be required to fill out a form which shall be provided by each division, which form shall show whether or not the applicant is an individual, partnership, limited liability company, or corporation and, if a partnership, limited liability company, or corporation, the names and addresses of the partners or members or the names and addresses of the officers, when and where formed or incorporated, and such other information as the board or each division may require. All forms of applications for renewal of licenses shall also show whether or not the applicant, if it is a partnership, limited liability company, or corporation, still has connected with it a duly qualified person holding a license issued by the division. Section 30. Said title is further amended by striking subsections (d) through (g) of Code Section 43-14-8.1, relating to license requirements for low-voltage electrical contracting, and inserting in lieu thereof new subsections (d) through (g) to read as follows: (d) The decision of the division as to the necessity of taking the examination or as to the qualifications of applicants taking the required examination shall, in the absence of fraud, be conclusive. All individuals, partnerships, limited liability companies, or corporations desiring to engage in the vocation of low-voltage contracting after December 31, 1984, shall take the examination and qualify under this Code section before engaging in such vocation. (e) No partnership, limited liability company, or corporation shall have the right to engage in the business of low-voltage contracting unless there is regularly connected with such partnership, limited liability company, or corporation a person or persons, actually engaged in the performance of such business on a full-time basis and supervising the low-voltage systems installation, repair, alteration, and service work of all employees of such partnership, limited liability company, or corporation, who have valid licenses issued to them as provided in this chapter. In cases where a partnership, limited liability company, or corporation has more than

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one office location from which low-voltage contracting is performed, at least one person stationed in each branch office of such partnership, limited liability company, or corporation, engaged in the performance of low-voltage contracting on a full-time basis and supervising the low-voltage wiring systems installation, repair, alteration, and service work of all employees of such branch office locations, shall have a valid license issued as provided in this Code section. (f) It shall be the duty of all partnerships, limited liability companies, and corporations qualified under this Code section to notify the division, in accordance with board rules, of severance of connection with such partnership, limited liability company, or corporation of any person or persons upon whom the qualification of any such partnership, limited liability company, or corporation rested. (g) All applicants for examinations and licenses provided for by this Code section and all applicants for renewal of licenses under this Code section shall be required to fill out a form which shall be provided by the division, which form shall show whether or not the applicant is an individual, partnership, limited liability company, or corporation and, if a partnership, limited liability company, or corporation, the names and addresses of the partners or members or the names and addresses of the officers, when and where formed or incorporated, and such other information as the division in its discretion may require. All forms of application for renewal of licenses shall also show whether or not the applicant, if it is a partnership, limited liability company, or corporation, still has connected with it a duly qualified person holding a license issued by the division. Section 31. Said title is further amended by striking subsections (d) through (g) of Code Section 43-14-8.2, relating to utility contracting licenses, and inserting in lieu thereof new subsections (d) through (g) to read as follows: (d) The decision of the division as to the qualifications of applicants taking the required examination shall, in the absence of fraud, be conclusive. All individuals, partnerships, limited liability companies, or corporations desiring to engage

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in the vocation of utility contracting after July 1, 1990, shall take or have taken the examination and qualified under this Code section before engaging in such vocation. (e) No partnership, limited liability company, or corporation shall have the right to engage in the business of utility contracting unless there is regularly connected with such partnership, limited liability company, or corporation a person or persons, actually engaged in the performance of such business on a full-time basis and supervising the utility contracting work of all employees of such partnership, limited liability company, or corporation, who have valid licenses issued to them as provided in this chapter. In cases where a partnership, limited liability company, or corporation has more than one office location from which utility contracting is performed, at least one person stationed in each branch office of such partnership, limited liability company, or corporation, engaged in the performance of utility contracting on a full-time basis and supervising the utility contracting work of all employees of such branch office locations, shall have a valid license issued as provided in this Code section. (f) It shall be the duty of all partnerships, limited liability companies, and corporations qualified under this Code section to notify the division, in accordance with board rules, of severance of connection with such partnership, limited liability company, or corporation of any person or persons upon whom the qualification of any such partnership, limited liability company, or corporation rested. (g) (1) All applicants for examinations and licenses provided for by this Code section and all applicants for renewal of licenses under this Code section shall be required to fill out a form which shall be provided by the division, which form shall show whether or not the applicant is an individual, partnership, limited liability company, or corporation and, if a partnership, limited liability company, or corporation, the names and addresses of the partners or members or the names and addresses of the officers, when and where formed or incorporated, and such other information as the division in its discretion may require. All forms of application for renewal of licenses

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shall also show whether or not the applicant, if it is a partnership, limited liability company, or corporation, still has connected with it a duly qualified person holding a license issued by the division. (2) An applicant shall include his or her safety policy or the safety policy of his or her corporation, limited liability company, or partnership. An approved safety policy is required before an applicant will be issued a license. The safety policy shall provide the details of regularly scheduled safety meetings for all field personnel. Section 32. Said title is further amended by striking subsections (a), (c), and (d) of Code Section 43-15-23, relating to the practice of professional engineering by or through a firm, corporation, or other entity, and inserting in lieu thereof new subsections (a), (c), and (d) to read as follows: (a) The practice of or offer to practice professional engineering, as defined in this chapter, by individual professional engineers registered under this chapter through a firm, corporation, professional corporation, partnership, association, or other entity offering engineering services to the public or by a firm, corporation, professional corporation, partnership, association, or other entity offering engineering services to the public through individual registered professional engineers as agents, employees, officers, members, or partners is permitted subject to the provisions of this chapter; provided, however, that one or more of the principals, officers, members, or partners of said firm, corporation, professional corporation, partnership, association, or other entity and all personnel of such firm, corporation, partnership, association, or entity who act in its behalf as professional engineers in this state shall be registered as provided in this chapter; and further provided that said firm, corporation, professional corporation, partnership, association, or entity has been issued a certificate of authorization by the board as provided in this chapter. (c) (1) A corporation or professional corporation shall file with the board, using a form provided by the board, the names and addresses of all officers and board members

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of the corporation, including the principal officer or officers duly registered to practice professional engineering in this state and of an individual or individuals duly registered to practice professional engineering within this state who shall be in responsible charge of the practice of professional engineering in this state by said corporation. (2) A partnership shall file with the board, using a form provided by the board, the names and addresses of all partners of the partnership, including the partner or partners duly registered to practice professional engineering in this state and of an individual or individuals duly registered to practice professional engineering in this state who shall be in responsible charge of the practice of professional engineering in this state by said partnership. (3) Any firm, limited liability company, association, or entity which is not a corporation, professional corporation, or partnership shall file with the board, using a form provided by the board, the names and addresses of all principals or members of the firm, association, or entity duly registered to practice professional engineering in this state who shall be in responsible charge of the practice of professional engineering in this state by said firm, association, or other entity. (4) The forms provided in paragraphs (1) through (3) of this subsection must accompany a biennial renewal fee prescribed by the board. In the event there shall be a change in any of these persons, such change shall be designated on the same form and filed with the board by the firm, corporation, professional corporation, partnership, association, or entity within 30 days after the effective date of the change. (d) (1) After all of the requirements of this Code section have been complied with, the board shall issue to such firm, corporation, professional corporation, partnership, association, or other entity a certificate of authorization.

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(2) The board may refuse to issue a certificate if any facts exist which would entitle the board to suspend or revoke an existing certificate or if the board shall determine that any of the officers, directors, principals, members, agents, or employees of the entity to be licensed are not persons of good character. Section 33. Said title is further amended by striking subsections (a), (c), and (d) of Code Section 43-15-23.1, relating to land surveying firms, corporations, or other entities, and inserting in lieu thereof new subsections (a), (c), and (d) to read as follows: (a) The practice of or offer to practice land surveying, as defined in this chapter, by individual land surveyors registered under this chapter through a firm, corporation, professional corporation, partnership, association, or other entity offering land surveying services to the public or by a firm, corporation, professional corporation, partnership, association, or other entity offering land surveying services to the public through individual registered land surveyors as agents, employees, officers, members, or partners is permitted subject to the provisions of this chapter; provided, however, that one or more of the principals, officers, members, or partners of said firm, corporation, professional corporation, partnership, association, or other entity and all personnel of such firm, corporation, professional corporation, partnership, association, or entity who act in its behalf as land surveyors in this state shall be registered as provided in this chapter; and further provided that said firm, corporation, professional corporation, partnership, association, or entity has been issued a certificate of authorization by the board as provided in this chapter. (c) (1) A corporation or professional corporation shall file with the board, using a form provided by the board, the names and addresses of all officers and board members of the corporation, including the principal officer or officers duly registered to practice land surveying in this state and of an individual or individuals duly registered to practice land surveying within this state who shall be

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in responsible charge of the practice of land surveying in this state by said corporation. (2) A partnership shall file with the board, using a form provided by the board, the names and addresses of all partners of the partnership, including the partner or partners duly registered to practice land surveying in this state and of an individual or individuals duly registered to practice land surveying in this state who shall be in responsible charge of the practice of land surveying in this state by said partnership. (3) Any firm, limited liability company, association, or entity which is not a corporation, professional corporation, or partnership shall file with the board, using a form provided by the board, the names and addresses of all principals or members of the firm, association, or entity duly registered to practice land surveying in this state who shall be in responsible charge of the practice of land surveying in this state by said firm, association, or other entity. (4) The forms provided in paragraphs (1) through (3) of this subsection must accompany a biennial renewal fee prescribed by the board. In the event there shall be a change in any of these persons, such change shall be designated on the same form and filed with the board by the firm, corporation, professional corporation, partnership, association, or entity within 30 days after the effective date of the change. (d) (1) After all of the requirements of this Code section have been complied with, the board shall issue to such firm, corporation, professional corporation, partnership, association, or other entity a certificate of authorization. (2) The board may refuse to issue a certificate if any facts exist which would entitle the board to suspend or revoke an existing certificate or if the board shall determine that any of the officers, directors, principals, members,

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agents, or employees of the entity to be licensed are not persons of good character. (3) Every firm, partnership, corporation, or other entity which performs or offers to perform surveying services shall have a resident registered land surveyor in responsible charge in each separate branch office in which surveying services are performed or offered to be performed. A resident means a registrant who spends the majority of his or her normal working time at his or her place of business. The registrant can be the resident licensee at only one place of business at one time. Section 34. Said title is further amended by striking paragraph (11) of Code Section 43-17-2, relating to definitions of terms used in the Georgia Charitable Solicitations Act of 1988, and inserting in lieu thereof a new paragraph (11) to read as follows: (11) `Person' means an individual, a corporation, a partnership, a limited liability company, an association, a joint-stock company, a trust, or any unincorporated organization. Section 35. Said title is further amended by striking subsection (c) of Code Section 43-17-3, relating to registration of paid solicitors, and inserting in lieu thereof a new subsection (c) to read as follows: (c) (1) A paid solicitor shall register with the Secretary of State prior to engaging in any solicitation. Each registration shall expire on December 31 of each year and may be renewed for additional one-year periods upon application and the payment of the fee. (2) Applications for registration may be made by any person and shall be accompanied by the registration fee set forth in subsection (b) of this Code section. Such application for registration shall be made in a manner prescribed by the Secretary of State, shall be verified by the applicant, shall be filed with the Secretary of State, and shall contain the information and documents set

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forth in this subsection and such other information as may be prescribed by rules and regulations promulgated by the Secretary of State: (A) The name of the applicant; (B) The address of the principal place of business of the applicant and the addresses of all branch offices of the applicant in this state; (C) The form of business organization; the date of organization of the applicant; and if the business entity is a corporation or limited partnership, the date it qualified to do business in Georgia; (D) The names and business addresses of all general partners, limited partners, directors, affiliates, or executive officers of the applicant; if the applicant is a limited liability company, the names and business addresses of all members of the limited liability company; a statement of the limitations, if any, of the liability of any general partner, limited partner, director, member, affiliate, or executive officer; and a statement setting forth in chronological order the occupational activities of each such general partner, limited partner, director, member, affiliate, or executive officer during the preceding ten years; (E) A brief description of the general character of the business conducted or proposed to be conducted by the applicant; (F) A list of any other states in which the applicant is registered as a paid solicitor and, if registration of the applicant as a paid solicitor has ever been denied, revoked, suspended, or withdrawn or if such a proceeding is pending in any state, full details with respect thereto; (G) Whether the applicant or any general partner, limited partner, director, member, affiliate, or executive officer of such applicant has ever been

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subject to any injunction or disciplinary proceeding by any state agency involving any aspect of fund raising or solicitation, has ever been convicted of or charged with a misdemeanor of which fraud is an essential element or which involved charitable fund raising, or has ever been convicted of or charged with a felony and, if so, all pertinent information with respect to such injunction, disciplinary proceeding, conviction, or charge; and (H) Whether the applicant or any general partner, limited partner, director, member, affiliate, or executive officer of such applicant has ever been subject to an order, consent order, or any other disciplinary or administrative proceeding pursuant to the unfair and deceptive acts and practices law of any state and, if so, all pertinent information with respect to such order or proceedings. (3) The applicant shall attach to the application for registration as a paid solicitor a financial statement as of a date within one year prior to the date of filing. If the paid solicitor has received or collected more than $50,000.00 during its preceding fiscal year, the financial statement shall be a certified financial statement as of a date within one year prior to the date of filing unless the fiscal year of the applicant has ended within 90 days prior to the date of filing, in which case the financial statement may be dated as of the end of the fiscal year preceding such last fiscal year. Such financial statement shall be prepared in accordance with generally accepted accounting principles and, if required to be certified, shall be certified by an independent public accountant duly registered and in good standing as such under the laws of the place of his residence or principal office. (4) When an applicant has fully complied with this subsection, the Secretary of State shall register such applicant as a paid solicitor unless he shall find that there are grounds for denial as provided in Code Section 43-17-7. When the Secretary of State has registered an applicant

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as a paid solicitor, he shall immediately notify the applicant of such registration. (5) If the Secretary of State finds that there are sufficient grounds to deny the registration of the applicant as provided in Code Section 43-17-7, he or she shall issue an order refusing to register the applicant. The order shall state specifically the grounds for its issuance. A copy of the order shall be mailed to the applicant at his or her business address and to any charitable organization who proposes to employ such applicant. (6) Every registration under this Code section shall expire on December 31 of each year. The registration of a paid solicitor must be renewed each year by the submission of a renewal application containing the information required in an application for registration, to the extent that such information has not previously been included in an application or renewal application previously filed, by the payment of the proper registration fee, and by the filing of a financial statement as of a date within one year prior to the date of filing. If the paid solicitor has received or collected more than $50,000.00 during its preceding fiscal year, the financial statement shall be a certified financial statement as of a date within one year of the date of filing unless the fiscal year of the applicant has ended within 90 days prior to the date of filing, in which case the financial statement may be dated as of the end of the preceding fiscal year. Such financial statements shall be prepared in accordance with generally accepted accounting principles and, if required to be certified, shall be certified by an independent public accountant duly registered and in good standing as such under the laws of the place of his residence or principal office. (7) The registration of a paid solicitor shall be promptly amended to reflect a change of name, address, principals, state of incorporation, or other changes which materially affect the business of the paid solicitor. Such amendments shall be filed in a manner which the Secretary of State may prescribe by rule or regulation.

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Section 36. Said title is further amended by striking paragraph (6) of subsection (b) of Code Section 43-17-5, relating to registration of charitable organizations, and inserting in lieu thereof a new paragraph (6) to read as follows: (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 or members in the case of a limited liability company as he or she may deem necessary to establish whether or not the applicant should be registered as a charitable organization under this chapter. Section 37. Said title is further amended by striking subsection (a) of Code Section 43-17-7, relating to denial, suspension, or revocation of registration relating to charitable solicitations, and inserting in lieu thereof a new subsection (a) to read as follows: (a) The Secretary of State, by order, may deny, suspend, or revoke a registration, limit the fundraising activities that an applicant or registered person may perform in this state, bar an applicant or registered person from association with a paid solicitor or charitable organization, or bar a person who is a partner, officer, director, or employee of, or a member of a limited liability company which is, an applicant or registered person from employment with a paid solicitor or charitable organization if the Secretary of State finds that the order is in the public interest and that the applicant, registered person, or such other person: (1) Has filed an application for registration with the Secretary of State which, as of its effective date or any date after filing in the case of an order denying effectiveness, was incomplete in a material respect or contained a statement that was, in light of the circumstances under which it was made, false or misleading with respect to a material fact;

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(2) Has willfully violated or failed to comply with this chapter, a prior enactment, or a rule promulgated by the Secretary of State under this chapter or a prior enactment; (3) Is the subject of an adjudication or determination, after notice and opportunity for hearing, within the last five years by a state or federal agency or a court of competent jurisdiction that the person has violated the charitable organizations regulatory act or the unfair and deceptive acts and practices law of any state, but only if the acts constituting the violation of that state's law would constitute a violation of this chapter had the acts occurred in this state; (4) Within the last ten years has been convicted of a felony or misdemeanor which the Secretary of State finds: (A) Involves the solicitation or acceptance of charitable contributions or the making of a false oath, the making of a false report, bribery, perjury, burglary, or conspiracy to commit any of the foregoing offenses; (B) Arises out of the conduct of solicitation of contributions for a charitable organization; or (C) Involves the larceny, theft, robbery, extortion, forgery, counterfeiting, fraudulent concealment, embezzlement, fraudulent conversion, or misappropriation of funds; (5) Is permanently or temporarily enjoined by a court of competent jurisdiction from acting as a charitable organization, paid solicitor, or as an affiliated person or employee of such; (6) Is the subject of an order of the Secretary of State denying, suspending, or revoking the person's registration as a charitable organization or paid solicitor;

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(7) Has violated a law or any rule or regulation of this state, any other state, the United States, or any other lawful authority (without regard to whether the violation is criminally punishable), which law or rule or regulation relates to or in part regulates charitable organizations or paid solicitors regulated under this chapter, when the charitable organization or paid solicitor knows or should know that such action is in violation of such law, rule, or regulation; or (8) Has failed to pay the proper filing fee within 30 days after being notified by the Secretary of State of a deficiency, but the Secretary of State shall vacate an order under this subsection when the deficiency is corrected. Section 38. Said title is further amended by striking subsections (b) and (e) of Code Section 43-17-13, relating to penalties relative to charitable solicitations, and inserting in lieu thereof new subsections (b) and (e) to read as follows: (b) In any proceedings for an injunction, the Secretary of State may apply for and be entitled to have issued the court's subpoena requiring: (1) The appearance forthwith of any defendant and the defendant's agents, employees, partners, officers, or directors or the members of a defendant limited liability company; and (2) The production of such documents, books, and records as may appear necessary for the hearing upon the petition for an injunction. (e) In any criminal proceeding either the district attorney or the Attorney General or both may apply for and be entitled to have issued the court's subpoena requiring: (1) The appearance forthwith of any defendant or the defendant's agents, employees, partners, officers, or directors or the members of a defendant limited liability company; and

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(2) The production of such documents, books, and records as may appear necessary for the prosecution of such criminal proceedings. Section 39. Said title is further amended by striking paragraph (5) of Code Section 43-18-92, relating to definitions relating to contracts for preneed funeral services, and inserting in lieu thereof a new paragraph (5) to read as follows: (5) `Persons' means natural persons, partnerships, firms, limited liability companies, associations, and corporations, including agents and employees thereof, residing in or doing business in the state, authorized and licensed by the laws of this state to engage in the profession of funeral directing and to operate a funeral home, chapel, mortuary, or funeral establishment. Section 40. Said title is further amended by striking subsection (a) of Code Section 43-19-25, relating to partnership and corporate practice of geology, nonpublic geological services, and practice pending action on an application for registration, and inserting in lieu thereof a new subsection (a) to read as follows: (a) This chapter does not prohibit one or more geologists from practicing through the medium of a sole proprietorship, partnership, limited liability company, or corporation. In a partnership, limited liability company, or corporation whose primary activity consists of geological services, at least one partner, member, or officer shall be a registered geologist. Section 41. Said title is further amended by striking Code Section 43-23-12, relating to censure of licensees and revocation or suspension of licenses of landscape architects, and inserting in lieu thereof a new Code Section 43-23-12 to read as follows: 43-23-12. The board may, upon its own motion, and shall, upon the complaint in writing of any person, initiate investigations into the actions of any licensed landscape architect and shall have the power to censure the licensee or to

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revoke or suspend any license issued under this chapter whenever the board concludes that the licensee has violated any provision of this chapter or whenever the board has determined that the licensee: (1) Has obtained a license by false or fraudulent representations; (2) Has impersonated another landscape architect or former landscape architect with the same or similar name, or is practicing under an assumed or misleading name, to include practicing under a partnership, limited liability company, or corporate name in which any person who is not a landscape architect is named; (3) Has aided or abetted an unlicensed person in the practice of landscape architecture; (4) Has been convicted of a felony or other crime involving moral turpitude; (5) Has, in the practice of landscape architecture, been guilty of fraud, deceit, negligence, or incompetence; (6) Has affixed his or her signature to plans, drawings, specifications, or other instruments of service which have not been prepared by him or her or under his or her immediate and responsible direction or has permitted his or her name to be used for the purpose of assisting any person who is not a landscape architect to evade the provisions of this chapter; or (7) Has violated the provisions of subsection (a) of Code Section 43-1-19. Section 42. Said title is further amended by striking Code Section 43-23-14, relating to practice of landscape architecture by corporations and partnerships, and inserting in lieu thereof a new Code Section 43-23-14 to read as follows: 43-23-14. Any partnership, limited liability company, or corporation may engage in the practice of landscape architecture,

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as defined in this chapter, provided that any service which constitutes the practice of landscape architecture shall be supervised by a duly licensed landscape architect who shall be responsible for the services furnished by the partnership, limited liability company, or corporation which would otherwise fall within the purview of this chapter. In no event shall the other members of the partnership, limited liability company, firm, or corporation be designated or described as landscape architects if they are not so licensed; and the term landscape architect or any abbreviation thereof or any other designation which conveys the meaning of landscape architect shall not appear in any partnership, limited liability company, or corporate name in which any person is identified who is in fact not a licensed landscape architect. Upon approval of the board, any partnership, limited liability company, firm, or corporation may operate branch offices in this state to provide landscape architectural services, provided that each branch office has a resident landscape architect licensed under this chapter. All classified directory listings of corporations, limited liability companies, or partnerships offering landscape architectural services shall include the name of a duly licensed landscape architect. Section 43. Said title is further amended by striking subsections (a) and (b) of Code Section 43-38-6, relating to licenses to engage in the private detective or private security business, and inserting in lieu thereof new subsections (a) and (b) to read as follows: (a) Any individual, firm, association, company, partnership, limited liability company, 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, limited liability company, or corporation, the person filing the application on behalf of such firm, association, company, partnership, limited liability company, or corporation shall be a corporate officer of such corporation or an officer of such firm, association, partnership, or limited liability company; and such individual shall meet the qualifications set out in this Code section.

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(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, partnership, limited liability company, 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, partnership, or limited liability company, the board may grant a license to conduct a private detective or private security business to such individual, firm, association, company, partnership, limited liability company, 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 crime 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 or her 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;

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(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 in-house 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 44. Said title is further amended by striking subsection (a) of Code Section 43-38-7.1, relating to registration records of unarmed security employees and fingerprint identification of prospective registrants, and inserting in lieu thereof a new subsection (a) to read as follows: (a) Any individual, firm, association, company, partnership, limited liability company, or corporation engaged in the private security business and licensed pursuant to Code Section 43-38-6 shall be required to maintain registration records of all guards, watchmen, or patrolmen who are unarmed pursuant to rules and regulations of the board. A licensee shall not be required to register such unarmed employees with the board. Unarmed employees shall be required to complete a certain number of hours of training as prescribed by the board, and a record of such training shall be maintained with the registration records of such employees. Section 45. Said title is further amended by striking Code Section 43-38-14.1, relating to restrictions on local business licenses for private detective and private security businesses, and inserting in lieu thereof a new Code Section 43-38-14.1 to read as follows:

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43-38-14.1. (a) No municipality, county, or other political subdivision of this state shall grant a business license to any person required to be licensed under this chapter until such person has made bona fide application to the board to be licensed under this chapter and the board has taken action under the application other than refusal, cancellation, revocation, or failure to renew the applicant's license. (b) As used in this Code section, the term `person' shall mean any individual, firm, association, partnership, limited liability company, or corporation. Section 46. Said title is further amended by striking Code Section 43-38-15, relating to applicability of Chapter 38 of Title 43, and inserting in lieu thereof a new Code Section 43-38-15 to read as follows: 43-38-15. No individual, firm, association, company, partnership, limited liability company, or corporation shall engage in any activity covered by this chapter unless such individual, firm, association, company, partnership, limited liability company, or corporation is in compliance with this chapter. Section 47. Said title is further amended by striking subsections (c) and (d) of Code Section 43-39A-19, relating to the use of a title or terms denoting a real estate appraiser classification, and inserting in lieu thereof new subsections (c) and (d) to read as follows: (c) A term or title denoting an appraiser classification may only be used to refer to individuals who hold such appraiser classification and may not be used following or immediately in connection with the name or signature of a firm, partnership, limited liability company, corporation, or group or in such manner that it might be interpreted as referring to a firm, partnership, limited liability company, corporation, group, or anyone other than an individual holder of the appraiser classification.

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(d) No appraiser classification shall be issued under the provisions of this chapter to a corporation, partnership, limited liability company, firm, or group. Section 48. Said title is further amended by striking subsection (b) of Code Section 43-39A-24, relating to unlawful operation as a real estate appraiser without an appraiser classification and exceptions thereto, and inserting in lieu thereof a new subsection (b) to read as follows: (b) This chapter shall not apply to: (1) Individuals: (A) Who do not render significant professional assistance in arriving at a real estate appraisal analysis, opinion, or conclusion; or (B) Who assist an appraiser in the preparation of an appraisal report but do not sign that report or make any representations regarding it to any third party; (2) A real estate licensee licensed in accordance with Chapter 40 of this title who, in the ordinary course of real estate brokerage business, gives a broker's price opinion, competitive market analysis, or any other written or oral opinion to a potential seller, purchaser, landlord, tenant, or third party as to the recommended listing, lease, rental, or purchase price of real estate or real property; provided, however, that this opinion as to the listing, lease, rental, or purchase price shall not be referred to as an appraisal; (3) A registered forester registered pursuant to the provisions of Code Section 12-6-40 who appraises or evaluates standing or growing timber located in this state and issues a `certified' appraisal or 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 the proper appraiser

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classification under this chapter, if required by federal law and the Appraisal Subcommittee; (4) Any individual, partnership, limited liability company, or corporation which, as owner, as the spouse of an owner, as general partner of a limited partnership, as officer of a corporation, as lessor, or as prospective purchaser or lessee or its regular employees, expresses an opinion of value on real estate or real property leased or to be acquired by such owner; (5) Any person who testifies to the value of real estate or real property in the courts of this state; (6) Any officer or employee of a government agency in the conduct of official duties, except when the appraisal is being used by a government agency exercising its power of eminent domain; or (7) Unless otherwise required by federal law or regulation, a person appraising real estate or real property exclusively for the use of a bank, a savings and loan association, or a credit union. Section 49. Said title is further amended by striking paragraph (6) of Code Section 43-40-1, relating to definitions relating to real estate brokers and salespersons, and inserting in lieu thereof a new paragraph (6) to read as follows: (6) `Person' means individuals, corporations, limited liability companies, and partnerships. Section 50. Said title is further amended by striking Code Section 43-40-7, relating to applications for real estate licenses, and inserting in lieu thereof a new Code Section 43-40-7 to read as follows: 43-40-7. Any person desiring to act as a real estate licensee must file an application for a license with the commission. The application shall be in such form and detail as the commission shall prescribe, setting forth the following:

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(1) The name and address of the applicant or the name under which he or she intends to conduct business and, if the applicant is a partnership or limited liability company, the name and residence address of each member thereof and the name under which the partnership or limited liability company business is to be conducted and, if the applicant is a corporation, the name and address of each of its principal officers; (2) The place or places, including the city with the street and street number, if any, where the business is to be conducted; and (3) Such other information as the commission shall require. Section 51. Said title is further amended by striking subsection (c) of Code Section 43-40-9, relating to nonresident real estate licenses, and inserting in lieu thereof a new subsection (c) to read as follows: (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

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member, officer, independent contractor, employee, or partner of a nonresident partnership, limited liability company, or corporation until said partnership, limited liability company, or corporation qualifies for a broker's license. A nonresident corporation or limited liability company 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 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

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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. Section 52. Said title is further amended by striking Code Section 43-40-10, relating to granting a real estate broker's license, associate broker's license, or salesperson's license to a corporation or partnership, and inserting in lieu thereof a new Code Section 43-40-10 to read as follows: 43-40-10. (a) No broker's license shall be granted to a corporation, limited liability company, or partnership unless said corporation, limited liability company, or partnership designates an individual licensed as a broker as its qualifying broker who shall be responsible for assuring that the corporation, limited liability company, or partnership and its affiliated licensees comply with the provisions of this chapter and its attendant rules and regulations. Violations of this chapter or rules and regulations by a corporation, limited liability company, or partnership licensed as a broker shall subject the license of the qualifying broker to sanction as authorized by this chapter. No broker's license shall be granted to a corporation, limited liability company, or partnership unless every person who acts as a licensee for such corporation, limited liability company, or partnership shall hold a real estate license. (b) No associate broker's license shall be granted to a corporation, limited liability company, or partnership unless said corporation, limited liability company, or partnership designates an individual licensed as an associate broker as its qualifying associate broker who shall be responsible for assuring that the corporation, limited liability company, or partnership complies with the provisions of this chapter and its attendant rules and regulations. Violations of this chapter

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or rules and regulations by a corporation, limited liability company, or partnership licensed as an associate broker shall subject the license of the qualifying associate broker to sanction as authorized by this chapter. The qualifying associate broker shall be the only licensee of a corporation, limited liability company, or partnership licensed as an associate broker. The license of a corporation, limited liability company, or partnership licensed as an associate broker must be assigned to a licensed broker. The licensed associate broker corporation, limited liability company, or partnership or qualifying associate broker may not engage in the brokerage business except in behalf of the broker to whom its license is assigned. (c) No salesperson's license shall be granted to a corporation, limited liability company, or partnership unless said corporation, limited liability company, or partnership designates an individual licensed as a salesperson as its qualifying salesperson who shall be responsible for assuring that the corporation, limited liability company, or partnership complies with the provisions of this chapter and its attendant rules and regulations. Violations of this chapter or rules and regulations by a corporation, limited liability company, or partnership licensed as a salesperson shall subject the license of the qualifying salesperson to sanction as authorized by this chapter. The qualifying salesperson shall be the only licensee of a corporation, limited liability company, or partnership licensed as a salesperson. The license of a corporation, limited liability company, or partnership licensed as a salesperson must be assigned to a licensed broker. The licensed salesperson, corporation, limited liability company, or partnership, or qualifying salesperson may not engage in the brokerage business except in behalf of the broker to whom its license is assigned. Section 53. Said title is further amended by striking subsection (c) of Code Section 43-40-12, relating to real estate license fees, and inserting in lieu thereof a new subsection (c) to read as follows: (c) Prior to the issuance of an original license, each applicant who has passed the examination required by Code

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Section 43-40-8 and each corporation, limited liability company, and partnership shall pay an activation fee in advance. Section 54. Said title is further amended by striking subsection (a) of Code Section 43-40-15, relating to grant, revocation, or suspension of real estate licenses, and inserting in lieu thereof a new subsection (a) to read as follows: (a) Licenses shall be granted only to persons who bear a good reputation for honesty, trustworthiness, integrity, and competence to transact the business of a licensee in such manner as to safeguard the interest of the public and only after satisfactory proof of such qualifications has been presented to the commission. The commission may deny a license to a corporation, limited liability company, or partnership if a stockholder, member, or partner or any combination thereof which owns more than a 20 percent interest therein does not bear a good reputation for honesty, trustworthiness, and integrity; has been convicted of any of the crimes enumerated in subsection (b) of this Code section; or has been sanctioned by any legally constituted regulatory agency for violating a law regulating the sale of real estate. Section 55. Said title is further amended by striking subsection (e) of Code Section 43-40-18, relating to management of a real estate firm and licensed affiliates, and inserting in lieu thereof a new subsection (e) to read as follows: (e) Any firm which operates as a sole proprietorship must be owned entirely by a licensed broker. The qualifying broker for a firm which operates as a partnership must be a partner. The qualifying broker for a firm which operates as a limited liability company must be a member. The qualifying broker for a firm which operates as a corporation must be an officer of the corporation. The broker or qualifying broker of any real estate firm must have signatory powers on all trust accounts which the firm maintains. Section 56. Said title is further amended by striking subsection (b) of Code Section 43-40-19, relating to change of place of business and transfers of a real estate salesperson or

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associate broker, and inserting in lieu thereof 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, limited liability company, or partnership. Section 57. Said title is further amended by striking paragraph (6) of subsection (d) of Code Section 43-40-22, relating to the real estate education, research, and recovery fund, and inserting in lieu thereof a new paragraph (6) to read as follows: (6) Should the commission pay from the real estate education, research, and recovery fund any amount in settlement of a claim or toward satisfaction of a judgment against a licensee, the license of such licensee shall be automatically revoked upon the issuance of a court order authorizing payment from the real estate education, research, and recovery fund. If such license is that of a corporation, limited liability company, or partnership, the license of the qualifying broker of the corporation, limited liability company, or partnership shall automatically be revoked upon the issuance of a court

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order authorizing payment from the real estate 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 judgment rate in accordance with Code Section 7-4-12, the amount paid from the real estate education, research, and recovery fund on such licensee's account. A discharge in bankruptcy shall not relieve a person from the penalties and disabilities provided in this subsection. Section 58. Said title is further amended by striking subsection (c) of Code Section 43-40-25, relating to violations by real estate licensees, schools, and instructors, and inserting in lieu thereof a new subsection (c) to read as follows: (c) Whenever a licensee acts in a real estate transaction as a principal or as an officer, employee, or member of a corporation, limited liability company, or partnership or any other entity acting as a principal, the commission may impose any sanction permitted by this chapter if the licensee commits any unfair trade practice enumerated in this Code section or violates any other provision of this chapter or any rules and regulations adopted pursuant to this chapter in such a transaction. Section 59. Said title is further amended by striking paragraph (4) of Code Section 43-47-2, relating to definitions relating to used car dealers, and inserting in lieu thereof a new paragraph (4) to read as follows: (4) `Person' means any individual, partnership, limited liability company, firm, association, corporation, or combination of individuals of whatever form or character. Section 60. Said title is further amended by striking paragraphs (2), (3), and (10) of Code Section 43-48-2, relating to definitions relating to used motor vehicle parts dealers, dismantlers, and rebuilders and salvage dealers, and inserting in lieu thereof new paragraphs (2), (3), and (10) to read as follows: (2) `Dealer' means any person, partnership, limited liability company, firm, or corporation buying, selling, or using

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motor vehicle parts, either as a used motor vehicle parts dealer, a motor vehicle dismantler, a motor vehicle rebuilder, a salvage pool dealer, or a salvage dealer. (3) `Dismantler' means any person, partnership, limited liability company, firm, or corporation engaged in the business of acquiring wrecked, abandoned, or reparable motor vehicles and selling either the usable parts, the motor vehicle as a unit, or the hulk of the motor vehicle after the usable parts have been removed. For the purposes of this chapter, a person, partnership, limited liability company, firm, or corporation shall be presumed to be engaged in the business of auto dismantling if he, she, or it possesses ten or more inoperative motor vehicles for more than 45 days unless such vehicles are scrap vehicles being held by a scrap metal processor for recycling scrap metal, vehicles being held by a repair business awaiting repairs, or vehicles being held for other reasons as may be prescribed by the board. (10) `Rebuilder' means any person, partnership, limited liability company, firm, or corporation engaged in the business of buying more than three used, salvage, or wrecked motor vehicles per year for the purpose of restoring or rebuilding them with used or new motor vehicle parts, or both, to be sold as motor vehicles. Section 61. Said title is further amended by striking subsection (b) of Code Section 43-48-8, relating to license applications, bonds, other prerequisites, and supplemental licenses for used motor vehicle parts dealers, dismantlers, and rebuilders and salvage dealers, and inserting in lieu thereof a new subsection (b) to read as follows: (b) Each such application shall be made upon the form prescribed by the board and shall contain the name and address of the applicant, or, when the applicant is a partnership or limited liability company, the name and address of each partner or member, or, when the applicant is a corporation, the names and addresses of the principal officers of the corporation and the state in which incorporated. Each such application shall also contain a designation of an established place or places of business where the business is to be conducted,

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a description of the nature of such business, and such other information as may be required by the board. Each such application shall be verified by the oath or affirmation of the applicant if an individual or, in the event an applicant is a partnership, limited liability company, or corporation, then by a partner, member, or officer thereof. Each such application for a license shall show that the dealer maintains ordinary automobile public liability and property damage insurance coverage with liability limits of not less than $50,000.00 per person and $100,000.00 per accident; personal insurance liability coverage; and $25,000.00 property damage liability coverage, unless the applicant qualifies under subsection (e) of this Code section. Section 62. Said title is further amended by striking Code Section 43-48-9, relating to investigation of applicants, contents of licenses, licensing authority of the board, and temporary permits for used motor vehicle parts dealers, dismantlers, and rebuilders and salvage dealers, and inserting in lieu thereof a new Code Section 43-48-9 to read as follows: 43-48-9. (a) Upon receipt of each properly made application accompanied by the required information and bond of insurance, the board shall file such application and make a thorough investigation of the application. When satisfied that the applicant, if an individual, or each of the partners, members, or principal officers of the applicant, if a partnership, limited liability company, or corporation, is of good moral character and that, so far as can be ascertained, the applicant has complied and will comply with this chapter, the laws of this state, and the rules and regulations promulgated by the board, the board shall issue to the applicant a license to carry on and conduct a business covered by this chapter. (b) The license so granted shall specify the name and address of the applicant and, if the applicant is a partnership, limited liability company, or corporation, the name and address of each partner, member, or principal officer of the corporation. The license shall specify the location of each place of business or branch or other location occupied or to be occupied by the licensee in conducting his or her business.

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The license or supplemental license shall be conspicuously displayed on each of such premises; and, in the event any such location is changed, the board shall issue a new license with the changed address or endorse the changed address on the original license at no charge to the licensee. There shall, however, be but one license fee for any one place of business even though such business may be embraced in more than one of the definitions set out in Code Section 43-48-2. (c) The board shall have the power and duty to issue the license or to direct the joint-secretary to issue the license. (d) For reasonable cause, the board may refuse to issue or renew a license. The board may refuse to issue a license to an applicant when it determines that the applicant, or any partner, member, or principal officer of the applicant, if a partnership, limited liability company, or corporation: (1) Has violated any law enacted for the prevention of theft of motor vehicles or motor vehicle parts or accessories; (2) Has submitted an application containing incorrect information or made any material misrepresentation to the board in connection with an application for a license; (3) Has failed, for more than 30 days after the occurrence of a change which renders no longer accurate any information contained in any application for a license, to make an amendatory application under Code Section 43-48-8; (4) Has been guilty of a fraudulent act in connection with selling, bartering, exchanging, offering for sale, or otherwise dealing in used automobile parts or dismantled, wrecked, burned, or rebuilt motor vehicles; (5) (A) Has been convicted in the courts of this state or of the United States or in any other state, territory, or country of a felony or any crime involving

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the illegal use, carrying, or possession of a dangerous weapon or any crime involving moral turpitude. As used in this paragraph, the term `felony' shall include any offense which, if committed in this state, would be deemed a felony, without regard to its designation elsewhere. For the purposes of this paragraph, a `conviction' shall be deemed to include a finding or verdict of guilty, regardless of whether an appeal of the conviction has been sought. (B) Has been arrested, charged, and sentenced for the commission of a felony, any crime involving the illegal use, carrying, or possession of a dangerous weapon, or any crime involving moral turpitude; (6) Has failed to file or produce for the board any reports, records, or documents required to be filed or produced under this chapter or any rule or regulation made by the board pursuant to this chapter; or (7) Based on the information contained on the application or obtained by subsequent investigation, is not of good moral character. No license shall be refused until the applicant or licensee has been afforded a hearing in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' (e) Pending the satisfaction of the board that the applicant has met the requirements of this chapter, it may issue a temporary permit to the applicant. The temporary permit shall allow the applicant to operate for a period not to exceed 120 days while the board is completing its investigation and determination of all facts relative to the qualifications of the applicant. Such temporary permit shall be invalid when the applicant's license has been issued or refused. Section 63. Said title is further amended by striking paragraph (4) of Code Section 43-50-3, relating to definitions relative to veterinary medicine, and inserting in lieu thereof a new paragraph (4) to read as follows:

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(4) `Person' means any individual, firm, partnership, limited liability company, association, joint venture, cooperative, and corporation or any other group or combination acting in concert; and whether or not acting as a principal, trustee, fiduciary, receiver, or as any other kind of legal or personal representative, or as the successor in interest, assignee, agent, factor, servant, employee, member, director, officer, or any other representative of such person. Part III Section 64. This Act shall become effective March 1, 1994. Section 65. All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1993. PURCHASING DEPARTMENT IN COUNTIES OF 550,000 OR MORE PUBLIC LETTING ON SEALED BIDS REQUIRED FOR EXPENDITURES EXCEEDING $20,000.00; WRITTEN BID WITHOUT ADVERTISEMENT FOR EXPENDITURES FROM $1,500.00-$19,999.99; LESSER PURCHASES WITHOUT COMPETITION. No. 175 (Senate Bill No. 97). AN ACT To amend an Act creating and establishing a purchasing department in certain counties of this state, approved March 27, 1941 (Ga. L. 1941, p. 408), as amended, particularly by an Act approved April 29, 1975 (Ga. L. 1975, p. 1147), and an Act approved March 25, 1980 (Ga. L. 1980, p. 3858), so as to change the provision relative to public letting and bids; to change the provision relative to advertisement of bids; 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. An Act creating and establishing a purchasing department in certain counties of this state, approved March 27, 1941 (Ga. L. 1941, p. 408), as amended, particularly by an Act approved April 29, 1975 (Ga. L. 1975, p. 1147), and an Act approved March 25, 1980 (Ga. L. 1980, p. 3858), is amended by striking Section 9 in its entirety and substituting in lieu thereof a new Section 9 to read as follows: Section 9. If the several parts of the work or labor to be done or the supplies, materials, and equipment to be furnished shall together or in part involve the expenditure of more than $20,000.00, such work or labor or supplies, materials, or equipment shall be procured only by contract on public letting founded on sealed bids under such regulations as shall be made by the board of commissioners or other county authority. The terms of such contracts, subject to such regulations and in conformity with law, shall be settled by the county attorney as an act of preliminary specification to a proposal for bids. The agency letting the contract may reject all bids if it shall deem it in the interest of the county so to do; if not, it shall, without other consent or approval, award the contract to the lowest responsible bidder. Such bids shall not be accepted after the time limit stated in the proposal for bids and shall not be opened except in the presence of both the county purchasing agent and the head of the agency requesting the items. The bids shall be decided by the agency letting the contract. Whenever a contract is awarded to another than the lowest bidder, the agency awarding the same shall file in its office and with said county authority a statement in detail of the reasons therefor. Section 2. Said Act is further amended by striking Section 10 in its entirety and substituting in lieu thereof a new Section 10 to read as follows: Section 10. If the several parts of the work or labor to be done or the supplies, material, and equipment to be furnished shall together or in part involve an expenditure of more than $1,499.99 but less than $20,000.00, the same may

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be procured on order awarded to the lowest responsible bidder upon written bids submitted without public advertisement, under such regulation as shall be made by the county authority. Purchase of $1,499.99 or less may be made without competition. All work or labor solicitations, or solicitations for supplies, materials or equipment to be let shall be made available for public review in the county purchasing office. 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 5, 1993. JOINT CITY-COUNTY BOARD OF TAX ASSESSORS IN COUNTIES WITH CITY OF 300,000 OR MORE REPEALED. No. 210 (House Bill No. 277). AN ACT To repeal an Act entitled An Act to create a joint city-county board of tax assessors in all counties having within its borders all or the greater part of the population of 300,000 or more according to the 1950 or any future United States census, and to define its powers and duties; to create a board of tax appeals and equalization and to define its powers and duties; to provide for the expenses of said boards to be paid by the county and city; to provide that this Act shall not extend to property which under the general laws of the state must be returned to the state revenue commissioner; to require the county to furnish necessary office space; to repeal conflicting laws; and for other purposes., approved February 15, 1952 (Ga. L. 1952, p. 2852), as amended, particularly by Acts approved March 2, 1953 (Ga.

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L. 1953, Jan.-Feb. Sess., pp. 2792, 2801), an Act approved December 21, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2769), an Act approved March 7, 1955 (Ga. L. 1955, p. 2824), an Act approved February 23, 1956 (Ga. L. 1956, p. 3361), Acts approved March 17, 1956 (Ga. L. 1956, pp. 2567, 3361, 3466), Acts approved March 13, 1957 (Ga. L. 1957, pp. 2924, 3303), an Act approved March 25, 1958 (Ga. L. 1958, p. 3390), Acts approved March 17, 1960 (Ga. L.1960, pp. 2860, 3146), an Act approved March 6, 1962 (Ga. L. 1962, p. 3162), an Act approved March 4, 1964 (Ga. L. 1964, p. 2423), an Act approved March 10, 1964 (Ga. L. 1964, p. 2562), an Act approved March 27, 1965 (Ga. L. 1965, p. 2736), an Act approved April 12, 1968 (Ga. L. 1968, p. 3709), Acts approved April 10, 1971 (Ga. L. 1971, pp. 2799, 3390), an Act approved March 28, 1974 (Ga. L. 1974, p. 3607), and an Act approved April 6, 1981 (Ga. L. 1981, p. 3283); to provide an effective date; to repeal conflicting laws; and for other purposes. Section 1. An Act entitled An Act to create a joint city-county board of tax assessors in all counties having within its borders all or the greater part of the population of 300,000 or more according to the 1950 or any future United States census, and to define its powers and duties; to create a board of tax appeals and equalization and to define its powers and duties; to provide for the expenses of said boards to be paid by the county and city; to provide that this Act shall not extend to property which under the general laws of the state must be returned to the state revenue commissioner; to require the county to furnish necessary office space; to repeal conflicting laws; and for other purposes., approved February 15, 1952 (Ga. L. 1952, p. 2852), as amended, particularly by Acts approved March 2, 1953 (Ga. L. 1953, Jan.-Feb. Sess., pp. 2792, 2801), an Act approved December 21, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2769), an Act approved March 7, 1955 (Ga. L. 1955, p. 2824), an Act approved February 23, 1956 (Ga. L. 1956, p. 3361), Acts approved March 17, 1956 (Ga. L. 1956, pp. 2567, 3361, 3466), Acts approved March 13, 1957 (Ga. L. 1957, pp. 2924, 3303), an Act approved March 25, 1958 (Ga. L. 1958, p. 3390), Acts approved March 17, 1960 (Ga. L. 1960, pp. 2860, 3146), an Act approved March 6, 1962 (Ga. L. 1962, p. 3162), an Act approved March 4, 1964 (Ga. L. 1964, p. 2423), an Act approved March 10, 1964 (Ga. L. 1964, p. 2562), an Act approved March 27, 1965 (Ga. L. 1965, p. 2736), an Act approved April 12, 1968 (Ga. L. 1968, p. 3709), Acts approved

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April 10, 1971 (Ga. L. 1971, pp. 2799, 3390), an Act approved March 28, 1974 (Ga. L. 1974, p. 3607), and an Act approved April 6, 1981 (Ga. L. 1981, p. 3283), is repealed in its entirety. Section 2. This Act shall become effective on January 1, 1994. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1993. TRAFFIC COURTS IN CITIES OF 300,000 OR MORE ADDITIONAL $3.00 FOR FINES AND BAIL; DISTRIBUTION TO VICTIMS AND WITNESSES ASSISTANCE PROGRAMS; BUDGETS; REPORTS. No. 219 (House Bill No. 836). AN ACT To amend an Act creating a system of traffic courts for each city of this state having a population of 300,000 or more according to the United States decennial census of 1960 or any future such census, approved April 21, 1967 (Ga. L. 1967, p. 3360), as amended, particularly by an Act approved March 22, 1990 (Ga. L. 1990, p. 220), so as to provide for additional penalties to be imposed in traffic cases and upon violations of bonds; to provide for the distribution of moneys collected from such additional penalties and sums; to provide for certain budgetary approval and review; to provide for reports; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a system of traffic courts for each city of this state having a population of 300,000 or more

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according to the United States decennial census of 1960 or any future such census, approved April 21, 1967 (Ga. L. 1967, p. 3360), as amended, particularly by an Act approved March 22, 1990 (Ga. L. 1990, p. 220), is amended by striking Section 28 in its entirety and inserting in lieu thereof a new Section 28 to read as follows: Section 28. (a) (1) In every traffic case, other than parking violations, in which a court imposes a fine under this Act for a violation of a state law or local ordinance there shall be imposed as an additional penalty a sum not to exceed $3.00. (2) At the time of posting bail or bond in any traffic case before a court under this section, an additional sum not to exceed $3.00 shall be posted. In every traffic case in which a court under this section orders the forfeiture of bail or bond, the additional sum posted shall be paid over as provided in subsection (b) of this section. (b) The additional penalty in cases in which fines are imposed and the additional sum for forfeiture of bails and bonds provided for in paragraphs (1) and (2) of subsection (a) of this section shall be collected by the court officer charged with the duty of collecting fines and forfeited bails or bonds. The funds collected shall be distributed by the finance department of the city served by the traffic court created by this Act. One-third of the funds collected shall be distributed to the court created by this Act in support of the Victims and Witnesses Assistance Program operated by the chief judge of such court. Two-thirds of the funds collected under this Act shall be distributed by the city finance department to the crime commission serving such city, in support of the Victims and Witnesses Assistance Program operated by the crime commission in the municipal court of said city. Budgets for each of the Victims and Witnesses Assistance Programs named in this section shall be submitted to the finance committee of the city council for review and approval of the distribution of the funds. An annual report to the governing authority of the city served by the traffic court created by this Act of the moneys received by each recipient of these funds shall be made by the chief judge of each court

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in which a Victims and Witnesses Assistance Program is supported by the funds collected under this section. (c) Except as otherwise provided in subsection (b) of this section, all moneys arising from fines or forfeitures imposed and collected in such courts shall be paid into the treasury of the respective city served by the court and shall be used exclusively to defray the expense of operating such courts and the enforcement of the laws and ordinances relating to and regulating traffic. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1993. TAXPAYER BILL OF RIGHTS NONTECHNICAL STATEMENT OF RIGHTS AND OBLIGATIONS DURING AUDIT AND PROCEDURES FOR APPEAL, REFUND CLAIMS, AND ENFORCEMENT; PREPARATION AND DISTRIBUTION. Code Section 48-1-8 Enacted. No. 280 (House Bill No. 87). AN ACT To amend Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding revenue and taxation, so as to provide for a taxpayer's bill of rights; to provide for a short title; to provide for rights of taxpayers and obligations of the state revenue commissioner with respect to any tax audits or examinations, refund claims, appeals, and enforcement procedures; to provide for statements to taxpayers setting forth such rights and obligations; to provide for the contents and distribution of such statements; 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 1 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding revenue and taxation, is amended by adding a new Code section at the end thereof, to be designated Code Section 48-1-8, to read as follows: 48-1-8. (a) This Code section shall be known and may be cited as the `Taxpayer Bill of Rights.' (b) The commissioner shall, as soon as practicable, but not later than January 1, 1994, prepare a statement which sets forth in simple and nontechnical terms: (1) The rights of a taxpayer and the obligations of the commissioner during any tax audit or examination; (2) The procedure by which a taxpayer may appeal any adverse decision of the commissioner, including administrative and judicial appeals; (3) The procedures for prosecuting refund claims and for filing of taxpayer complaints; and (4) The procedures which the commissioner may use in enforcing the state's revenue laws, including the filing and enforcement of liens. (c) The statement shall also inform the taxpayer that the taxpayer shall receive: (1) Fair and courteous treatment in all dealings with the department; (2) Prompt and accurate responses to all questions and requests for tax assistance; and (3) A fair and timely hearing on a dispute of any tax liability as provided for by law.

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(d) The statement prepared in accordance with this Code section shall be distributed by the commissioner to a taxpayer: (1) Upon request by the taxpayer; (2) When a proposed assessment of any state tax is made against the taxpayer or when the taxpayer is contacted by the department for an examination of the taxpayer's records, whichever is earlier; or (3) When the commissioner deems it appropriate. (e) The commissioner shall take such action as deemed necessary to ensure that distribution to a taxpayer does not result in multiple statements being sent to any one taxpayer. Section 2. This Act shall become effective on July 1, 1993. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1993. LICENSE PLATES SPECIAL PLATES FOR MOTOR VEHICLE DISTRIBUTORS. Code Section 40-2-38 Amended. No. 281 (House Bill No. 116). 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 provide for issuance of special license plates to motor

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vehicle distributors; 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 40-2-38, relating to registration and licensing of motor vehicle manufacturers and dealers, in its entirety and inserting in lieu thereof the following: 40-2-38. (a) Manufacturers, distributors, and dealers engaged in the manufacture, sale, or leasing of vehicles required to be registered under Code Section 40-2-20 shall register with the commissioner, making application for a distinguishing dealer's number, specifying the name and make of motor vehicle, tractor, or trailer manufactured, sold, or leased by them, upon forms prepared by the commissioner for such purposes, and pay therefor a fee of $62.00, which shall accompany such application. Upon payment of such fee by a dealer, the commissioner shall furnish to the dealer one number plate to expire December 31 of odd-numbered years, to be known as a dealer's number, and to be distinguished from the number plates provided for in this chapter by a different and distinguishing color to be determined by the commissioner, with the word `Dealer' on same; a dealer's number plate to be for the purpose of demonstrating or transporting dealer's vehicles or trailers for sale or lease. No dealer may use or permit to be used a dealer's number for private use or on cars for hire, for lease, or other manner not provided for in this Code section. The manufacturers or distributors license plate is limited to no longer than 6 months' use per vehicle. Upon payment of such a fee by a manufacturer or distributor, the commissioner shall issue to manufacturers and distributors number plates with the word `Manufacturer' or `Distributor' on such plates. Nothing in this subsection shall preclude a manufacturer or distributor from using a `Manufacturer' or `Distributor' number plate on motor vehicles they own when such vehicles are used for evaluation or demonstration purposes, notwithstanding incidental personal use by a manufacturer or distributor. In the event the dealers,

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distributors, or manufacturers desire more than one tag, they shall so state on the application, and, in addition to the fee of $62.00 provided in this Code section, shall pay $12.00 for each and every additional number plate furnished. Persons engaged in the business of transporting vehicles for others under such vehicle's own power shall likewise be entitled to obtain license plates under this Code section, but such plates shall be used only on vehicles being transported. (b) Persons engaged in the business of transporting mobile homes and house trailers for others shall likewise be entitled to obtain license plates under this Code section. The commissioner is authorized to promulgate rules and regulations covering the issuance of plates to such persons; provided, however, this Code section shall not apply in any manner to farm tractors. (c) This Code section shall not apply in any manner to mopeds as such term is defined in Code Section 40-1-1. (d) The license plates issued pursuant to this Code section shall be revoked and confiscated upon a determination after a hearing that such dealer, distributor, manufacturer, or person engaged in transporting mobile homes and house trailers has unlawfully used such license plates in violation of this Code section. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1993.

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CRIMES AND OFFENSES CELLULAR RADIO TELEPHONES; INTERCEPTION OF COMMUNICATIONS PROHIBITED. Code Section 16-11-66.1 Enacted. Code Section 16-11-69 Amended. No. 282 (House Bill No. 139). 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 provide that it shall be unlawful for any person, without the consent of at least one of the parties to the communication, intentionally to intercept, receive, or assist in intercepting or receiving a communication transmitted between cellular radio telephones or between any cellular radio telephone and a landline telephone; to define a certain term; to provide exceptions; to provide a penalty; to change certain references; 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 adding between Code Sections 16-11-66 and 16-11-67 a new Code Section 16-11-66.1 to read as follows: 16-11-66.1 (a) As used in this Code section, the term `cellular radio telephone' means a wireless telephone authorized by the Federal Communications Commission to operate in the frequency bandwidth reserved for cellular radio telephones. (b) It shall be unlawful for any person, without the consent of at least one of the parties to the communication, intentionally to intercept, receive, or assist in intercepting or receiving a communication transmitted between cellular radio

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telephones or between any cellular radio telephone and a landline telephone. (c) In the following instances, this Code section shall not apply: (1) To any public utility engaged in the business of providing communications services and facilities, or to the officers, employees, or agents thereof, where the acts otherwise prohibited are for the purpose of construction, maintenance, conduct, or operation of the services and facilities of the public utility; (2) To the use of any instrument, equipment, facility, or service furnished and used pursuant to the tariffs of the public utility; (3) To any telephonic communication system used for communication exclusively within a state, county, or municipal correctional institution; (4) To the use of equipment, facilities, or services by users licensed by the Public Service Commission pursuant to Code Section 16-11-65; or (5) To the interception of wire or oral transmissions by law enforcement officers pursuant to Code Section 16-11-64. (d) Any person convicted of violating subsection (b) of this Code section shall be guilty of a misdemeanor of a high and aggravated nature. Section 2. Said part is further amended by striking in its entirety Code Section 16-11-69, relating to the penalty for violations of such part, and inserting in lieu thereof a new Code Section 16-11-69 to read as follows: 16-11-69. Except as otherwise provided in subsection (d) of Code Section 16-11-66.1, any person violating any of the provisions of this part shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment

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for not less than one more than five years or a fine not to exceed $10,000.00, or both. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1993. CONSERVATION AND NATURAL RESOURCES WATER WELL CONTRACTORS; LICENSING; CONTINUING EDUCATION. Code Section 12-5-127 Amended. No. 283 (House Bill No. 224). AN ACT To amend Code Section 12-5-127 of the Official Code of Georgia Annotated, relating to the licensing of water well contractors, so as to provide for a program of continuing education; to provide for the administration of such program; to provide for the contents and design of such program; to provide for exemptions; to provide for implementation; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 12-5-127 of the Official Code of Georgia Annotated, relating to the licensing of water well contractors, is amended by inserting at the end thereof the following: (i) (1) Beginning July 1, 1995, the council shall be authorized to require persons seeking renewal of licenses under this Code section to complete continuing education of not more than four hours annually. The council may provide courses and shall approve such courses offered by

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the division, institutions of higher learning, vocational technical schools, and trade, technical, or professional organizations; provided, however, that continuing education courses or programs related to water well construction or standards 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, environmental protection, ground-water geology, technological advances, business management, or government regulation. Continuing education courses shall be designed for water well contractors having variable educational backgrounds. 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 council. (3) The council shall be authorized to waive the continuing education requirements in cases of hardship, disability, or illness or under such other circumstances as the council deems appropriate. (4) This Code section shall apply to each licensing and renewal cycle which begins after the 1993-1994 renewal. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1993.

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AD VALOREM TAXES COUNTY WHERE MOTOR VEHICLE RETURNED. Code Section 48-5-444 Amended. No. 284 (House Bill No. 229). AN ACT To amend Code Section 48-5-444 of the Official Code of Georgia Annotated, relating to the place of returns of motor vehicles and mobile homes for ad valorem tax purposes, so as to change certain provisions relating to the county where a motor vehicle is required to be returned; 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 48-5-444 of the Official Code of Georgia Annotated, relating to the place of returns of motor vehicles and mobile homes for ad valorem tax purposes, is amended by striking subsection (a) and inserting in its place a new subsection (a) to read as follows: (a) Each motor vehicle owned by a resident of this state shall be returned in the county where the owner claims a homestead exemption or, if no such exemption is claimed, then in the county of the owner's domicile or, if the motor vehicle is primarily used in connection with some established business enterprise located in a different county, in the county where the business is located. Each motor vehicle owned by a nonresident shall be returned in the county where the motor vehicle is situated. Section 2. This Act shall become effective on January 1, 1994, and shall be applicable to all taxable years beginning on or after that date.

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Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1993. INMATES REIMBURSED FOR MEDICAL TREATMENT IF ACQUITTED. Code Section 42-4-71 Amended. No. 285 (House Bill No. 232). AN ACT To amend Code Section 42-4-71 of the Official Code of Georgia Annotated, relating to deduction of costs from an inmate's account for destruction of property, medical treatment, and other causes, so as to provide that all sums collected from an inmate for medical treatment shall be reimbursed to the inmate if such inmate is acquitted or otherwise exonerated of all charges for which the inmate was being held; 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 42-4-71 of the Official Code of Georgia Annotated, relating to deduction of costs from an inmate's account for destruction of property, medical treatment, and other causes, is amended by striking subsection (c) in its entirety and inserting in lieu thereof a new subsection (c) to read as follows: (c) All sums collected for medical treatment shall be reimbursed to the inmate if such inmate is acquitted or otherwise exonerated of all charges for which the inmate was being held.

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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 5, 1993. CONSERVATION AND NATURAL RESOURCES ENVIRONMENTAL PROTECTION DIVISION; WASTE-WATER TREATMENT PLANT OPERATORS AND LABORATORY ANALYSTS; TRAINING; CERTIFICATION. Code Sections 12-5-23, 12-5-176, and 43-51-6 Amended. No. 286 (House Bill No. 283). AN ACT To amend Code Section 12-5-23 of the Official Code of Georgia Annotated, relating to the powers and duties of the Environmental Protection Division of the Department of Natural Resources as to the control of water pollution and surface-water use generally, so as to provide that such division is authorized to provide training for waste-water treatment plant operators and waste-water laboratory analysts; to amend Code Section 12-5-176 of the Official Code of Georgia Annotated, relating to the powers and duties of the director of the Environmental Protection Division of the Department of Natural Resources as to public water systems generally, so as to provide that such director is authorized to provide training for public water system operators and public water system laboratory analysts; to provide that such division is authorized to collect a fee for such training; to provide that such fees so collected shall be treated in accordance with Georgia law; to provide that such division shall be authorized to contract for such training; to provide for the payment of certain expenses; to amend Code Section 43-51-6 of the Official Code of Georgia Annotated, relating to the certification of operators

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of water or wastewater treatment plant and laboratory analysts, so as to provide that any industrial wastewater or pretreatment plant need have only one certified analyst; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 12-5-23 of the Official Code of Georgia Annotated, relating to the powers and duties of the Environmental Protection Division of the Department of Natural Resources as to the control of water pollution and surface-water use generally, is amended by striking the word and at the end of paragraph (3) of subsection (a); by striking the symbol . at the end of paragraph (4) of such subsection and inserting in lieu thereof the symbol and word ; and; and by inserting at the end of such subsection the following: (5) At the discretion of the director, give instruction and training to waste-water treatment plant operators and waste-water laboratory analysts; provide technical assistance for such instruction and training by others; collect fees for such training and assistance in accordance with Code Section 45-12-92; purchase the services of any person to render such instruction and training; and make available to any such person suitable space and facilities for the rendering of such instruction and training. The division may collect from the participants in any such instructional or training program a pro rata share of any actual out-of-pocket expenses incurred by the division in producing such program including, without limitation, the rental of nonagency facilities and the payment of nonagency instructors. Section 2. Code Section 12-5-176 of the Official Code of Georgia Annotated, relating to the powers and duties of the director of the Environmental Protection Division of the Department of Natural Resources as to public water systems generally, is amended by striking the symbol . at the end of paragraph (11) of subsection (a) and inserting in lieu thereof the symbol and word ; and and by inserting at the end of subsection (a) the following:

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(12) At the discretion of the director, to give instruction and training to public water system operators and public water system laboratory analysts; to provide technical assistance for such instruction and training by others; to collect fees for such training and assistance in accordance with Code Section 45-12-92; to purchase the services of any person to render such instruction and training; and to make available to any such person suitable space and facilities for the rendering of such instruction and training. The director may collect from the participants in any such instructional or training program a pro rata share of any actual out-of-pocket expenses incurred by the division in producing such program including, without limitation, the rental of nonagency facilities and the payment of nonagency instructors. Section 3. Code Section 43-51-6 of the Official Code of Georgia Annotated, relating to the certification of operators of water or wastewater treatment plants and laboratory analysts, is amended by striking in its entirety subsection (c) and inserting in lieu thereof the following: (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 wastewater treatment plants shall obtain a certificate from the board; provided, however, that any industrial wastewater or pretreatment plant shall be required to have only one responsible analyst obtain such a certificate, and any other analyst in that facility shall be supervised by such person. 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.

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Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1993. CRIMINAL PROCEDURE GEORGIA INDIGENT DEFENSE COUNCIL; MEMBERS; PROGRAMS; COMMITTEES. Code Sections 17-12-32, 17-12-34, and 17-12-37 Amended. No. 287 (House Bill No. 284). AN ACT To amend Article 2 of Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to state funded local indigent defense programs, so as to provide that under certain circumstances the Georgia Indigent Defense Council may develop and administer a program for indigent defense; to add members to the council; to provide that members of the council may succeed themselves; to provide that members of the local tripartite governing committee may succeed themselves; 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 12 of Title 17 of the Official Code of Georgia Annotated, relating to state funded local indigent defense programs, is amended by striking subsection (b) and subsection (c) of Code Section 17-12-32, relating to the establishment of the Georgia Indigent Defense Council, and inserting in lieu thereof the following: (b) The council shall be composed of 15 persons appointed by the Supreme Court of Georgia. One active member of the State Bar of Georgia shall be selected from each of

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the ten judicial administrative districts of the state, three nonlawyers shall be selected from the state at large, and two additional members shall be selected one of whom shall be a member of a metropolitan county governing authority and the other shall be a member of a non-metropolitan county governing authority. (c) Each member of the council shall be appointed to serve for a term of four years and until his or her successor is duly appointed and qualified. The initial members appointed by the Supreme Court from the first, third, fifth, seventh, and ninth judicial administrative districts shall be appointed for an initial term of two years; and the members from the second, fourth, sixth, eighth, and tenth judicial administrative districts shall be appointed for an initial term of four years each and until their respective successors are duly appointed and qualified. The nonlawyer members selected from the state at large shall be appointed by the Supreme Court for an initial term of four years each and until their successors are duly appointed and qualified. The initial members of the council shall take office within 30 days of July 1, 1979, and shall serve until July 1 of the year their terms of office expire. The county governing authority appointments shall be for a term of four years each with the initial appointment of the metropolitan county member being for two years beginning July 1, 1993 and the non-metropolitan county member being for four years beginning July 1, 1993 and until their successors are duly appointed and qualified. The succeeding members of the council shall begin their terms of office on July 1 of the year in which they are appointed. A member may be appointed to succeed himself or herself as a member of the council. Section 2. Said article is further amended by striking subsection (b) of Code Section 17-12-34, relating to employment of the personnel of the Georgia Indigent Defense Council, and inserting in lieu thereof the following: (b) Funds provided the council may not be used to employ an attorney or attorneys to appear in court in behalf of criminal defendants in any jurisdiction unless the local tripartite

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committee requests such representation; provided, however: (1) That, if local counsel certifies to the tripartite committee that additional counsel is needed in order to preserve effectively the Sixth Amendment rights of the defendant, such request should be compassionately considered and granted if it appears to be in the interest of substantial justice; or (2) That if no tripartite committee exists or the tripartite committee's indigent defense plan does not substantially comply with this article or the council's guidelines, and if the majority of the superior court judges of the circuit, including the chief judge of the circuit, request assistance of the council, the council in its sole discretion may develop and administer a program for the provision of representation to indigents, which is funded by or through it. Section 3. Said article is further amended by striking subsection (e) of Code Section 17-12-37, relating to notification of county commission chairperson and superior court judges by council of availability of funds, and inserting in lieu thereof the following: (e) The committee member or members in each jurisdiction appointed by the chief judge of the superior court of the local jurisdiction shall be appointed for an initial term of one year, and the committee member or members appointed by the president of the local bar association shall be appointed for an initial term of two years. The member or members in each jurisdiction appointed by the county commission shall be appointed for an initial term of three years. Following the initial terms of office, all succeeding members of each local indigent defense program shall be appointed for terms of office of three years each and shall serve until their respective successors are duly appointed and qualified. The initial members of the respective committees shall take office within 30 days of the effective date of their appointments and shall serve until their respective terms of office expire. A

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member may be appointed to succeed himself or herself as a member of a committee. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1993. STATE HOUSING TRUST FUND FOR THE HOMELESS COMMISSION CLARIFICATION OF POWERS. Code Section 8-3-306 Amended. Code Section 8-3-311 Enacted. No. 288 (House Bill No. 293). AN ACT To amend Article 5 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to the State Housing Trust Fund for the Homeless Commission, so as to change and clarify certain powers of the commission; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 5 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to the State Housing Trust Fund for the Homeless Commission, is amended by striking subsection (a) of Code Section 8-3-306, relating to membership on the commission, and inserting in lieu thereof a new subsection (a) to read as follows: (a) There is established the State Housing Trust Fund for the Homeless Commission which shall consist of nine members. Two of the nine members shall be the executive director of the Georgia Housing and Finance Authority and either the chairperson of the Georgia Housing and Finance

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Authority or a member of the Board of Directors of the Georgia Housing and Finance Authority designated by the chairperson. The Governor shall appoint the remaining seven public members. The public members shall be knowledgeable in the area of housing and, to the extent practicable, shall represent diverse housing concerns. Public members shall serve for a term of four years except that initial appointments shall be staggered as follows: three of the appointees shall serve an initial term of four years and four of the appointees shall serve an initial term of two years. Public members shall continue in office until their successors have been appointed and qualified. In the event of a vacancy in the office of a public member by death, resignation, or otherwise, the Governor shall appoint a successor to serve the balance of the unexpired term. Membership on the commission does not constitute public office, and no member shall be disqualified from holding public office by reason of his or her membership. Section 2. Said article is further amended by adding a new Code Section 8-3-311, relating to the ownership, management, and disposition of property, to read as follows: 8-3-311. (a) The commission shall have the power to hold title to any residential housing project financed by it, but it shall not be required to do so. (b) The commission shall have the power to foreclose on any mortgage or security interest in default and to 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 accept a deed in lieu of foreclosure; 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 commission. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1993. FACILITIES OPERATED BY THE DEPARTMENT OF CHILDREN AND YOUTH SERVICES EMPLOYEES DESIGNATED TO APPREHEND ESCAPEES AND THOSE WHO HAVE BROKEN SUPERVISION CONDITIONS; SEARCH WARRANTS; POWERS OF LAW ENFORCEMENT OFFICERS; ARREST POWERS. Code Section 49-4A-8 Amended. No. 289 (House Bill No. 296). AN ACT To amend Code Section 49-4A-8 of the Official Code of Georgia Annotated, relating to commitment of delinquent and unruly children, so as to provide certain law enforcement powers to peace officers of facilities operated by the Department of Children and Youth Services; to authorize employees designated as peace officers to obtain search warrants while engaged in the official duty of apprehending runaway youth; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 49-4A-8 of the Official Code of Georgia Annotated, relating to commitment of delinquent and unruly children, is amended by striking paragraph (2) of subsection (i) of said Code section, in its entirety and inserting in lieu thereof a new paragraph (2) of subsection (i), to read as follows: (2) The commissioner may designate one or more employees of the department to investigate and apprehend delinquent and unruly children who have escaped from an institution

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or facility or who have broken the conditions of supervision; provided, however, that the employees so designated shall only be those with primary responsibility for the security functions of youth development centers or whose primary duty consists of the apprehension of youths who have escaped from such institutions or facilities or who have broken the conditions of supervision. An employee of the department so designated shall have the police power to investigate to apprehend such children, and to arrest any person physically interfering with the proper apprehension of such children. An employee of the department so designated in the investigative section of the department shall have the power to obtain a search warrant for the purpose of locating and apprehending such children. Additionally, such employee, while on the grounds or in the buildings of the department's institutions or facilities, shall have the same law enforcement powers, including the power of arrest, as a law enforcement officer of the local government with police jurisdiction over such institutions or facilities. Such employee shall be authorized to carry weapons, upon written approval ofthe commissioner, notwithstanding Code Sections 16-11-126, 16-11-128, and 16-11-129. Any employee designated under this subsection shall be considered to be a peace officer within the meaning of Chapter 8 of Title 35 and must be certified under that chapter. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1993.

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HIGHWAYS, BRIDGES, AND FERRIES COSTS OF REMOVAL OF OBSTRUCTIONS AND ENCROACHMENTS AND REPAIR OF PUBLIC ROADS; REIMBURSEMENT TO DEPARTMENT OF TRANSPORTATION. Code Section 32-6-1 Amended. No. 290 (House Bill No. 302). AN ACT To amend Code Section 32-6-1 of the Official Code of Georgia Annotated, relating to obstructing, encroaching on, or injuring public roads, so as to provide for reimbursement to the Department of Transportation for costs of removal of obstructions and encroachments and repair of injuries to the public roads; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 32-6-1 of the Official Code of Georgia Annotated, relating to obstructing, encroaching on, or injuring public roads, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code section to read as follows: 32-6-1. It shall be unlawful for any person to obstruct, encroach upon, solicit the sale of any merchandise on, or injure materially any part of any public road, and any person who unlawfully obstructs, encroaches upon, or injures said public road shall be responsible for reimbursing the Department of Transportation for the costs of removal of said obstructions or encroachments and the costs of repairs to the public road, including any costs associated with traffic management; provided, however, that such costs shall be limited to those costs which are directly incurred from such damages. Costs incurred for traffic management may include, but not be limited to, costs incurred for flagging, signing, or provision of detours, provided that these activities are directly caused by the obstruction, encroachment, or injury to the

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public road system. However, nothing in this Code section shall abridge or limit any authority provided by law for the installation and operation of vending machines at welcome centers, tourist centers, and safety rest areas. Nothing in this Code section shall limit in any way the department's authority to lease property to state or federal agencies, counties, or municipalities as provided for in Code Section 32-7-5, or limit the Department of Transportation's ability to grant a license to any utility or railroad corporation as defined in Code Section 46-1-1. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1993. TEACHERS RETIREMENT SYSTEM OF GEORGIA DELETION OF REFERENCE TO APPOINTED BOARDS OF EDUCATION. Code Section 47-3-1 Amended. No. 291 (House Bill No. 316). AN ACT To amend Code Section 47-3-1 of the Official Code of Georgia Annotated, relating to definitions for purposes of the law regarding the Teachers Retirement System of Georgia, so as to delete certain references to appointed boards of education; to provide for an effective date: to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1. Code Section 47-3-1 of the Official Code of Georgia Annotated, relating to definitions for purposes of the law regarding the Teachers Retirement System of Georgia, is amended by striking paragraph (21) thereof and inserting in its place a new paragraph to read as follows: (21) `Public school' means any day school which is conducted within this state and which is under the authority and supervision of a duly elected county or independent board of education. Section 2. This Act shall become effective on January 1, 1994. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1993. HEALTH PERSONAL CARE HOME; DEFINITION. Code Section 31-7-12 Amended. No. 292 (House Bill No. 340). AN ACT To amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation of hospitals and related institutions, so as to revise the definition of personal care home; to provide a definition of personal services with regard to personal care homes; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation of

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hospitals and related institutions, is amended by striking Code Section 31-7-12, relating to the definition of personal care homes and the licensing of such institutions, and inserting in its place a new Code Section 31-7-12 to read as follows: 31-7-12. (a) As used in this Code section, the term: (1) `Personal care home' means any dwelling, whether operated for profit or not, which undertakes through its ownership or management to provide or arrange for the provision of housing, food service, and one or more personal services for two or more adults who are not related to the owner or administrator by blood or marriage. (2) `Personal services' includes, but is not limited to, individual assistance with or supervision of self-administered medication and essential activities of daily living such as eating, bathing, grooming, dressing, and toileting. (b) All personal care homes shall be licensed as provided for in Code Section 31-7-3, except that, in lieu of licensure, the department may require persons who operate personal care homes with two or three beds for nonfamily adults to comply with registration requirements delineated by the department. Such registration requirements within this category shall authorize the department to promulgate pursuant to Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' reasonable standards to protect the health, safety, and welfare of the occupants of such personal care homes. (c) Upon the designation by the department and with the consent of county boards of health, such boards may act as agents to the department in performing inspections and other authorized functions regarding personal care homes licensed under this chapter. With approval of the department, county boards of health may establish inspection fees to defray part of the costs of inspections performed for the department. (d) The state ombudsman or community ombudsman, on that ombudsman's initiative or in response to complaints

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made by or on behalf of residents of a registered or licensed personal care home, may conduct investigations in matters within the ombudsman's powers and duties. (e) The department shall promulgate procedures to govern the waiver, variance, and exemption process related to personal care homes pursuant to Chapter 2 of this title. Such procedures shall include published, measurable criteria for the decision process, shall take into account the need for protection of public and individual health, care, and safety, and shall afford an opportunity for public input into the process. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1993. CHARITABLE SOLICITATIONS ACT ORGANIZATIONS WITH GROSS REVENUE OF LESS THAN $25,000.00 EXEMPT. Code Section 43-17-9 Amended. No. 293 (House Bill No. 379). AN ACT To amend Code Section 43-17-9 of the Official Code of Georgia Annotated, relating to exemptions from the Georgia Charitable Solicitations Act of 1988, so as to provide for an exemption for charitable organizations whose total gross revenue is less than $25,000.00; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1. Code Section 43-17-9 of the Official Code of Georgia Annotated, relating to exemptions from the Georgia Charitable Solicitations Act of 1988, is amended by striking paragraph (5) of subsection (a) and inserting in its place a new paragraph (5) to read as follows: (5) Any charitable organization whose total gross revenue is less than $25,000.00 per calendar year or which is exempt from filing a federal annual information return pursuant to Section 6033(a)(2)(A)(i) and (iii) of the Internal Revenue Code and Section 6033(a)(2)(C)(i) of the Internal Revenue Code;. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1993. INSURANCE LOCAL PUBLIC ENTITIES; TEMPORARY INSURANCE COVERAGE; INSURANCE COMMISSIONER; AUTHORITY. Code Section 33-33-10.1 Enacted. No. 294 (House Bill No. 568). AN ACT To amend Chapter 33 of Title 33 of the Official Code of Georgia Annotated, relating to fair access to insurance requirements, so as to authorize the provision of temporary insurance coverage to local public entities during the pendency of appeals from adverse underwriting decisions; to provide for notices and procedures in connection with the provision of such coverage; to provide for the authority of the Commissioner with respect to the payment for and duration of such temporary coverage; to authorize the Commissioner to require certain property protection measures; to provide for the publication of certain notices; to provide for other matters relative to the foregoing; to provide

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for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 33 of Title 33 of the Official Code of Georgia Annotated, relating to fair access to insurance requirements, is amended by adding immediately following Code Section 33-33-10, relating to appeals from actions or decisions, a new Code Section 33-33-10.1 to read as follows: 33-33-10.1 (a) For the purposes of this Code section, the term `local public entity' means a county, municipality, or local board of education. (b) In the event the existing insurance coverage of a local public entity filing an appeal of an adverse underwriting decision of the association established pursuant to this chapter is scheduled to cancel or expire while such appeal is pending, the Commissioner shall direct the association to provide coverage authorized under this chapter on a temporary basis to the local public entity as provided in this Code section. (c) It shall be the duty of the local public entity to notify the Commissioner in writing at the same time the appeal is filed of the date its existing insurance coverage is to cancel or expire. Failure of the local public entity to notify the Commissioner as provided in this subsection shall render the local public entity ineligible for the temporary coverage authorized by this Code section. Upon receiving such notice, the Commissioner shall direct the association to provide coverage authorized under this chapter to the local public entity, shall specify the date such coverage is to be effective, and shall specify the date of termination of such coverage, which shall not be set prior to the date of the Commissioner's final order disposing of the issues on appeal. The premium for the temporary coverage provided by this Code section shall be paid in full by the local public entity at the time the coverage is issued by such method and in such manner as directed by the Commissioner.

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(d) Upon receipt of the notice from the public entity specified in subsection (c) of this Code section, the Commissioner shall notify such entity of the emergency property protection measures, if any, which will be required during the period of temporary coverage. Such measures may include the following: (1) Protection of physically damaged property from further damage; (2) Prevention or limitation of access to the premises; (3) Disconnection of utilities; (4) Installation of locks, alarms, or security lighting; (5) Inspections of the premises; or (6) Provision of security guards. (e) After ordering the temporary coverage required under subsection (b) of this Code section, the Commissioner shall cause notice of such action and any emergency protection measures pertaining to such coverage to be published in the legal organ of the county in which the property is located. Section 2. This Act shall become effective on July 1, 1993, and shall apply to appeals filed with the Commissioner on and after such date. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1993.

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LABOR AND INDUSTRIAL RELATIONS UNEMPLOYMENT COMPENSATION OR WORKERS' COMPENSATION COVERAGE; INDEPENDENT CONTRACT CARRIERS; EXEMPTED. Code Sections 34-8-35 and 34-9-2 Amended. No. 295 (House Bill No. 678). AN ACT To amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to provide for exclusion from the classification of employment for the purposes of unemployment compensation or workers' compensation independent contract carriers who transport, assemble, deliver, or distribute printed materials for magazine, newspaper, and other publishers; 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 the word or at the end of paragraph (14) of subsection (n) of Code Section 34-8-35, relating to the definition of employment with regard to unemployment compensation, by striking the period at the end of paragraph (15) of subsection (n) of said Code Section and inserting in lieu thereof ; or, and by adding a new paragraph (16) of subsection (n) of said Code section to read as follows: (16) Services performed by an independent contract carrier for an employer who is a publisher or distributor of printed materials by an individual, firm, or corporation in transporting, assembling, delivering, or distributing printed materials and in maintaining any facilities or equipment incidental thereto; provided:

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(A) The independent contract carrier has with the employer a written contract as an independent contractor; (B) Remuneration for the independent contract carrier is on the basis of the number of deliveries accomplished; (C) With exception to providing the area or route which an independent contract carrier may or may not service, or providing materials or direction for the packaging or assembly of printed materials, the employer exercises no general control regarding the method of transporting, assembling, delivering, or distributing the printed materials; and (D) The contract entered by the independent contract carrier for such services does not prohibit it from the transportation, delivery, assembly, or distribution of printed materials for more than one employer. Section 2. Said title is further amended by adding at the end of Code Section 34-9-2, relating to the applicability of workers' compensation requirements to employees, a new subsection (d) to read as follows: (d) This chapter shall not apply to persons who perform services pursuant to a written contract stating that the provider is an independent contractor and such person buys a product and resells it, receiving no other compensation; or to independent contract carriers who perform services for an employer who is a publisher or distributor of printed materials in transporting, assembling, delivering, or distributing printed materials and in maintaining any facilities or equipment incidental thereto; provided: (A) The independent contract carrier has with the employer a written contract as an independent contractor;

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(B) Remuneration for the independent contract carrier is on the basis of the number of deliveries accomplished; (C) With exception to providing the area or route which an independent contract carrier may or may not service, or providing materials or direction for the packaging or assembly of printed materials, the employer exercises no general control regarding the method of transporting, assembling, delivering, or distributing the printed materials; and (D) The contract entered by the independent contract carrier for such services does not prohibit it from the transportation, delivery, assembly, or distribution of printed materials for more than one employer. 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 5, 1993. ALCOHOLIC BEVERAGES COLISEUM AUTHORITIES; SALE OF BEVERAGES ON PREMISES. Code Section 3-8-3 Amended. No. 296 (Senate Bill No. 14). AN ACT To amend Code Section 3-8-3 of the Official Code of Georgia Annotated, relating to the sale of malt beverages at coliseums, so as to authorize certain coliseum authorities to sell alcoholic beverages for consumption on the premises only upon

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property owned or controlled by such authorities; to provide that such authorities shall determine by resolution the conditions, including hours and days of sales, under which such sales of alcoholic beverages shall be permitted; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 3-8-3 of the Official Code of Georgia Annotated, relating to the sale of malt beverages at coliseums, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 3-8-3 to read as follows: 3-8-3. (a) As used in this Code section, the term: (1) `Coliseum' means any multiuse coliseum-type facility which has a seating capacity of 9,000 or more and which is a project of a coliseum authority, together with related buildings, facilities, and extensions of the project. (2) `Coliseum authority' means any public coliseum authority created by law in any county having a population of more than 140,000 according to the United States decennial census of 1990 or any future such census. (b) Any coliseum authority operating a coliseum may sell or authorize others to sell, upon obtaining a license from the department, alcoholic beverages for consumption on the premises only upon property owned or controlled by the authority, including but not limited to the coliseum. The authority shall determine by resolution, as it may amend from time to time, the conditions, including hours and days of sale, under which such sales shall be permitted. (c) For the purposes of regulating and taxing the sale, storage, and distribution of alcoholic beverages as provided in this Code section, a coliseum shall be considered to be within a municipality if the coliseum, or the greater part of the coliseum, is within the limits of the municipality. A coliseum shall be considered to be within an unincorporated

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area of a county if the coliseum, or the greater part of the coliseum, is located within an unincorporated area of the county. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1993. DEPARTMENT OF AGRICULTURE ASSISTANCE TO THE UNITED STATES DEPARTMENT OF AGRICULTURE; INSPECTION, CERTIFICATION, AND IDENTIFICATION OF AGRICULTURAL PRODUCTS. Code Section 2-2-12 Enacted. No. 297 (Senate Bill No. 18). AN ACT To amend Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, so as to provide for powers and authority of the Department of Agriculture to assist the United States Department of Agriculture in the inspection, certification, and identification of the class, quality, quantity, and condition of certain agricultural products; to provide for fees and costs; to provide for cooperative agreements; to provide for intent; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, is

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amended by adding at the end thereof a new Code Section 2-2-12 to read as follows: 2-2-12. (a) It is the intent of this Code section to authorize the department to assist the United States Department of Agriculture, pursuant to the federal Agricultural Marketing Act of 1946, 7 U.S.C. Sections 1621-1627, in the inspection and certification of products in commerce to the end that agricultural products may be marketed to the best advantage, that trading may be facilitated, and that consumers may be able to obtain the quality product which they desire. (b) The department is authorized to assist the United States Department of Agriculture in the inspection, certification, and identification of the class, quality, quantity, and condition of agricultural products when shipped or received in commerce, under such rules as the secretary of agriculture may prescribe, including collection of such fees as will be reasonable and as will cover the cost of the service rendered. Such fees shall not be considered taxes, fees, or assessments for state purposes but shall be collected under authority of the federal Agricultural Marketing Act of 1946 for purposes of assisting the United States Department of Agriculture in carrying out its mission under said act. (c) The department may enter into cooperative agreements with the United States Department of Agriculture and with any firm, corporation, association, or organization having the capacity to contract for the purpose of assisting the United States Department of Agriculture in the inspection, certification, and identification of the class, quality, quantity, and condition of agricultural products when shipped or received in commerce and in the collection of such fees as will be reasonable and as will cover the cost of the service rendered. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1993. INSURANCE NONPROFIT EDUCATIONAL ORGANIZATION PLANS; EXEMPTIONS. Code Section 33-50-2 Amended. No. 298 (Senate Bill No. 17). AN ACT To amend Code Section 33-50-2 of the Official Code of Georgia Annotated, relating to licensing requirements of multiple employer self-insured health plans and exceptions to such requirements, so as to except certain plans or arrangements established by nonprofit educational organizations from the application of Chapter 50 of Title 33; 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 33-50-2 of the Official Code of Georgia Annotated, relating to licensing requirements of multiple employer self-insured health plans and exceptions to such requirements, is amended by striking subsection (b) in its entirety and inserting in its place a new subsection (b) to read as follows: (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

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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; any other nonprofit organization exempt from federal taxation whose primary purpose is providing access to primary health care services for indigent citizens of Georgia; or to any plan or arrangement established or maintained by a nonprofit educational organization with assets of more than $100 million for the benefit of the employees of such organization and the employees of any affiliated or associated persons, firms, associations, or corporations which perform functions related to those of such educational organization or of which a majority of the membership of the governing body is composed of employees or members of the governing body of the nonprofit educational organization. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1993. PROFESSIONAL COUNSELING, SOCIAL WORK, MARRIAGE AND FAMILY THERAPY LICENSING; DISCIPLINARY ACTIONS; USE OF TITLES BY BUSINESS ENTITIES; CONSTRUCTION RELATING TO OTHER PROFESSIONS. Code Title 43, Chapter 10A Amended. No. 299 (Senate Bill No. 137). AN ACT To amend Chapter 10A of Title 43 of the Official Code of Georgia Annotated, relating to professional counseling, social

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work, and marriage and family therapy, so as to change the provisions relating to legislative purpose; to change the provisions relating to definitions; to change the provisions relating to the licensing requirements and exceptions thereto; to change the provisions relating to licensing requirements for professional counseling and social work; to change the provisions relating to disciplinary actions; to change the provisions relating to the use of certain titles by business entities; to change the provisions relating to legislative construction; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 10A of Title 43 of the Official Code of Georgia Annotated, relating to professional counseling, social work, and marriage and family therapy, is amended by striking Code Section 43-10A-2, relating to legislative purpose, and inserting in its place the following Code section: 43-10A-2. It is declared to be the purpose of the General Assembly that the activities of certain persons who utilize certain titles relating to or who practice professional counseling, social work, and marriage and family therapy be regulated to ensure the protection of the health, safety, and welfare of the people of this state. Section 2. Said chapter is further amended by striking Code Section 43-10A-3, relating to definitions, and inserting in its place the following Code section: 43-10A-3. As used in this chapter, the term: (1) `Advertise' means, but is not limited to, the issuing of or causing to be distributed any card, sign, or other device or the causing or permitting any sign or marking on or in any building or structure, or in any newspaper, magazine, or directory, or on radio or television. (2) `Allied profession' means the practice of medicine, psychiatric nursing, psychology, or pastoral counseling.

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(3) `Board' means the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists established by this chapter. (4) `Counseling' means those techniques used to help persons learn how to solve problems and make decisions related to personal growth, vocation, family, social, and other interpersonal concerns. (5) `Direction' means the ongoing administrative overseeing by an employer or superior of a specialty practitioner's work. The person providing direction shall be responsible for assuring the quality of the services rendered by that practitioner and shall ensure that qualified supervision or intervention occurs in situations which require expertise beyond that of the practitioner. Direction may be provided by any person acceptable to the standards committee for that specialty in which the practitioner is working. (6) `Fee' means money or anything of value, including but not limited to a salary, offered or received as compensation in return for rendering services in any specialty. (7) `Joint-secretary' means the joint-secretary of the state examining boards. The joint-secretary shall serve as secretary to the board. (8) `Marriage and family therapy' means that specialty which evaluates and treats emotional and mental problems and conditions, whether cognitive, affective, or behavioral, resolves intrapersonal and interpersonal conflicts, and changes perception, attitudes, and behavior; all within the context of marital and family systems. Marriage and family therapy includes, without being limited to, individual, group, couple, sexual, family, and divorce therapy. Marriage and family therapy involves an applied understanding of the dynamics of marital and family systems, including individual psychodynamics, the use of assessment instruments that evaluate marital and family

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functioning, and the use of psychotherapy and counseling. (9) `Practice a specialty' or `practice' means to offer to render for a fee or to render for a fee any service involving the application of principles, methods, or procedures of professional counseling, social work, or marriage and family therapy. (10) `Professional counseling' means that specialty which utilizes counseling techniques based on principles, methods, and procedures of counseling that assist people in identifying and resolving personal, social, vocational, intrapersonal and interpersonal concerns; utilizes counseling and psychotherapy to evaluate and treat emotional and mental problems and conditions, whether cognitive, behavioral, or affective; administers and interprets educational and vocational assessment instruments and other tests which the professional counselor is qualified to employ by virtue of education, training, and experience; utilizes information and community resources for personal, social, or vocational development; utilizes individual and group techniques for facilitating problem solving, decision making, and behavior change; utilizes functional assessment and vocational planning and guidance for persons requesting assistance in adjustment to a disability or handicapping condition; utilizes referral for persons who request counseling services; and utilizes and interprets counseling research. (11) `Psychotherapeutic techniques' means those specific techniques involving the in-depth exploration and treatment of interpersonal and intrapersonal dynamics but shall not include the performance of those activities exclusively reserved to any other business or profession by any other chapter of this title. (12) `Recognized educational institution' means any educational institution which grants a bachelor's, master's, specialist, or doctoral degree and which is recognized by the Council on Postsecondary Accreditation.

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(13) `Social work' means that specialty which helps individuals, marriages, families, couples, groups, or communities to enhance or restore their capacity for functioning: by assisting in the obtaining or improving of tangible social and health services; by providing psychosocial evalutions, in-depth analyses and determinations of the nature and status of emotional, cognitive, mental, behavioral, and interpersonal problems or conditions; and by counseling and psychotherapeutic techniques, casework, social work advocacy, psychotherapy, and treatment in a variety of settings which include but are not limited to mental and physical health facilities, child and family service agencies, or private practice. (14) `Specialty' means social work, marriage and family therapy, or professional counseling, or any combination thereof. (15) `Supervision' means the direct clinical review, for the purpose of training or teaching, by a supervisor of a specialty practitioner's interaction with a client. It may include, without being limited to, the review of case presentations, audio tapes, video tapes, and direct observation in order to promote the development of the practitioner's clinical skills. (16) `Supervisor' means a person who meets the requirements established by the standards committee for that specialty which is being supervised and who is either licensed under this chapter or is a psychiatrist or a psychologist. (17) `The Commission on Accreditation for Marriage and Family Therapy Education' means the national accrediting agency for marriage and family therapy education as recognized by the United States Department of Education. (18) `The Council on Social Work Education' means the national accrediting agency for social work education as recognized by the United States Department of Education and the Council on Postsecondary Accreditation.

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Section 3. Said chapter is further amended by striking Code Section 43-10A-7, relating to exceptions to licensing requirements, and inserting in its place the following Code section: 43-10A-7. (a) Except as otherwise provided in this chapter, a person who is not licensed under this chapter shall not practice professional counseling, social work, or marriage and family therapy, nor advertise the performance of such practice, nor use the title `professional counselor,' `social worker,' or `marriage and family therapist,' nor use any words, letters, titles, or figures indicating or implying that the person is a professional counselor, social worker, or marriage and family therapist or is licensed under this chapter. (b) The prohibition of subsection (a) of this Code section shall not apply to the following persons: (1) Persons licensed to practice medicine or psychology under Chapter 34 or 39, respectively, of this title; (2) Persons engaged in the practice of a specialty as an employee of any agency or department of the federal government or any licensed hospital or long-term care facility, but only when engaged in that practice as an employee of such agency, department, hospital, or facility; (3) (A) Persons who, prior to July 1, 1997, engaged in the practice of a specialty as an employee of any agency or department of the state or any of its political subdivisions, but only when engaged in that practice as an employee of such an agency or department; (B) Persons who engage in the practice of social work as employees of any agency or department of the state or any of its political subdivisions, but only when engaged in that practice as employees of such agency or department, and persons or entities which contract to provide social work services with any agency or department of the state or any of its political subdivisions, but such contracting persons and entities shall only be exempt under this subparagraph when engaged in providing social work services

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pursuant to those contracts and shall only be exempt until January 1, 1996; and (C) Persons who engage in the practice of professional counseling as employees of the Department of Corrections, Department of Human Resources, any county board of health, or any community service board or similar entity created by general law to provide services to persons with disabilities, as defined in Chapter 2 of Title 37, but only when engaged in that practice as employees of such department, board, or entity and persons or entities which contract to provide professional counseling services with such department or board of health, but such contracting persons and entities shall only be exempt under this subparagraph when engaged in providing professional counseling services pursuant to those contracts and shall only be exempt until January 1, 1996; and (4) Students of a recognized educational institution who are preparing to become practitioners of a specialty, but only if the services they render as such practitioners are under supervision and direction and their student status is clearly designated by the title `trainee' or `intern'; (5) Persons who have obtained a master's degree from a program accredited by the Council on Social Work Education and who are practicing social work under direction and supervision while preparing to take the master's social work licensing examination, but only for a period of up to one year following the granting of such degree; (6) Persons who have obtained one of the graduate degrees required for licensure as a professional counselor or marriage and family therapist and who are practicing such specialty under supervision and direction in order to obtain the experience required for licensure;

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(7) Elementary, middle, or secondary school counselors and school social workers certificated as such by the Department of Education, Professional Standards Commission, or its successor agency but only when practicing within the scope of such certification and only when designated by the title `school counselor,' `school social worker,' or a title designated by the school system in which they are employed for persons practicing within such certification; (8) Persons registered as rehabilitation suppliers by the Georgia Board of Workers' Compensation, including those registered as of July 1, 1992, but only when practicing rehabilitation counseling as a rehabilitation supplier for workers compensation claimants and only so long as they do not use any titles other than titles describing the certifications or licenses they are required to hold under Code Section 34-9-200.1; (9) Active members of the clergy but only when the practice of their specialty is in the course of their service as clergy; (10) Members of religious ministries responsible to their established ecclesiastical authority who possess a master's degree or its equivalent in theological studies; (11) Persons engaged in the practice of a specialty in accordance with Biblical doctrine in public or nonprofit agencies or entities or in private practice; (12) Persons engaged in the practice of a specialty as an employee of the Department of Family and Children Services but only when engaged in such practice as an employee of that department; (13) Persons who have obtained a master's degree from a program accredited by the Council on Social Work Education and who are engaged in the practice of community organization, policy, planning, research, or administration may use the title `social worker' and may only engage in such practice; and

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(14) Persons who have obtained a bachelor's degree in social work from a program accredited by the Council on Social Work Education may use the title `social worker' and may practice social work, but they may not practice autonomously and may only practice under direction and supervision, and, notwithstanding the definitions in paragraph (15) and (16) of this Code section, such supervision shall be provided by a social worker who, as a minimum, has been awarded a bachelor's or a master's degree in social work from a program accredited by the Council on Social Work Education and who has completed at least two years of post-degree practice in the field of social work. (c) Unless exempt under paragraph (1), (2), (4), (5), (6), (11), (13), or (14) of subsection (b) of this Code section, a person who is not licensed under this chapter shall not practice a specialty for any corporation, partnership, association, or other business entity which uses in its corporate, partnership, association, or business name any words, letters, titles, or figures indicating or implying that such entity or any of its employees, officers, or agents are practicing a specialty. (d) Notwithstanding any other provision of law to the contrary, a person who is exempt from licensure pursuant to paragraph (9) of subsection (b) of this Code section may be authorized by the board to serve as a supervisor as defined in paragraph (16) of Code Section 43-10A-3 without being licensed if such person meets all the requirements to be licensed and to serve as a supervisor in the specialty for which such person would serve as a supervisor and has filed the necessary documentation with and been approved by the standards committee of that specialty as required by the rules of the board. (e) Nothing in this chapter shall be construed to prohibit the licensed practice of nursing or the performance of duties which constitute a standard procedure of the practice of medicine by any person acting under the direct supervision of a licensed medical doctor, provided that such supervised persons are qualified by virtue of their education, training, or experience to perform such duties and that such

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persons shall not use any titles indicating or implying that they are licensed under this chapter. Section 4. Said chapter is further amended by striking Code Section 43-10A-11, relating to licensing requirements for professional counseling, and inserting in its place the following Code section: 43-10A-11. (a) The education, experience, and training requirements for licensure in professional counseling are as follows: (1) A doctoral degree from a recognized educational institution in a program that is primarily counseling in content and requires at least one year of supervised internship in a work setting acceptable to the board; or (2) A specialist degree from a recognized educational institution in a program that is primarily counseling in content with supervised internship or practicum and two years of post-master's directed experience under supervision in a setting acceptable to the board; or (3) A master's degree from a recognized educational institution in a program that is primarily counseling in content with supervised internship or practicum and four years of post-master's directed experience under supervision in a setting acceptable to the board. Up to one year of such experience may have been in an approved practicum placement as part of the degree program. (b) For purposes of subsection (a) of this Code section, work settings acceptable to the board may include, but are not limited to, educational, rehabilitation, career development, mental health, community, or industrial organizations. Section 5. Said chapter is further amended by striking Code Section 43-10A-12, relating to licensing requirements for social work, and inserting in its place the following Code section:

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43-10A-12. (a) The education, experience, and training requirements for licensure in social work are as follows: (1) For licensure as a master's social worker, a master's degree in social work from a program accredited by the Council on Social Work Education; and (2) For licensure as a clinical social worker: (A) A master's degree in social work from a program accredited by the Council on Social Work Education; and (B) As defined by the board, three years' full-time supervised experience in the practice of social work following granting of the master's degree. Of the three years of supervised experience, only the first two must be under direction. A doctoral degree in a specialty, an allied profession, or child and family development may substitute for one year of such experience. At least one year of experience shall have occurred within two years immediately preceding application for licensure as a clinical social worker or the applicant shall have met the continuing education requirement established by the board for clinical social work during the year immediately preceding application. (b) Licensed master's social workers may render or offer to render to individuals, marriages, couples, families, groups, organizations, governmental units, or the general public service which is guided by knowledge of social resources, social systems, and human behavior. They may provide evaluation, prevention, and intervention services which include but are not restricted to community organization, counseling, and supportive services such as administration, direction, supervision of bachelor's level social workers, consultation, research, or education. The first two years of their practice after licensure as a master's social worker shall be under direction and supervision. Thereafter, they may engage in private practice, except that those social workers whose practice includes counseling or psychotherapeutic techniques

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may only engage in such practice under the supervision of a duly qualified supervisor and only for such period of time as is prescribed for qualification to take the clinical social work licensing examination. (c) Licensed clinical social workers may practice all authorized services of licensed master's social workers and may: provide supervision and direction; provide psychosocial evaluation through data collection and analyses to determine the nature of an individual's mental, cognitive, emotional, behavioral, and interpersonal problems or conditions; provide counseling and psychotherapy to individuals, marriages, couples, families, and groups; interpret the psychosocial dynamics of a situation and recommend and implement a course of action to individuals, marriages, couples, families, or groups in such settings as private practice, family service and counseling agencies, health care facilities, and schools; and provide direct evaluation, casework, social work advocacy, education, training, prevention, and intervention services in situations threatened or affected by social, intrapersonal, or interpersonal stress or health impairment. Section 6. Said chapter is further amended by striking paragraph (6) of subsection (a) of Code Section 43-10A-17, relating to disciplinary actions, and inserting in its place the following paragraph: (6) Engaged in any unprofessional, immoral, unethical, deceptive, or deleterious conduct or practice harmful to the public, which conduct or practice materially affects the fitness of the licensee or applicant to practice the specialty or is of a nature likely to jeopardize the interest of the public, which conduct or practice need not have resulted in actual injury to any person or be directly related to the practice of the specialty but shows that the licensee or applicant has committed any act or omission which is indicative of bad moral character or untrustworthiness; unprofessional conduct shall also include any departure from, or the failure to conform to, the minimal standards of acceptable and prevailing practice of the specialty, as well as the practice of any professional activity which the licensee or applicant is not

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qualified to perform by virtue of not having acquired the requisite professional education, training, or experience;. Section 7. Said chapter is further amended by striking Code Section 43-10A-21, relating to certain uses of titles by business entities, and inserting in its place the following Code section: 43-10A-21. (a) No corporation, partnership, association, or other business entity may use in its corporate, partnership, association, or business name any term or title restricted under subsection (a) of Code Section 43-10A-7 or the term `professional counseling,' `social work,' or `marriage and family therapy,' or any words, letters, titles, or figures indicating or implying that such entity or any of its employees, officers, or agents are practicing a specialty regulated under this chapter, unless each person practicing a specialty in that entity, except those persons exempt under paragraph (1), (4), (5), (6), (11), (13), or (14) of subsection (b) of Code Section 43-10A-7, is licensed under this chapter. (b) Any corporation, partnership, association, or other business entity which violates subsection (a) of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $500.00 nor more than $1,000.00 for each offense. Section 8. Said chapter is further amended by striking Code Section 43-10A-22, relating to legislative construction, and inserting in its place the following Code section: 43-10A-22. Nothing in this chapter shall be construed to authorize persons licensed under this chapter to practice nursing, occupational therapy, physical therapy, medicine, or psychology, as regulated under Chapters 26, 28, 33, 34, and 39, respectively, of this title nor shall anything in this chapter be construed to limit or regulate the practice of those licensed under said Chapters 26, 28, 33, 34, and 39 of this title, nor shall anything in this chapter be construed to authorize persons licensed under this chapter to perform psychological testing.

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Section 9. All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1993. CRIMES AND OFFENSES SALE OR DISTRIBUTION TO OR POSSESSION BY MINORS OF TOBACCO PRODUCTS; LICENSING OF VENDORS. Code Title 16, Chapter 12 Amended. Code Section 48-11-4 Amended. No. 301 (Senate Bill No. 222). AN ACT To amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, so as to regulate the sale or distribution to or possession by minors of tobacco products; to change the provisions relating to the sale of cigarettes, tobacco products, or tobacco related objects in vending machines; to change the definition of minor; to change a certain penalty; to restrict locations for vending machines; to restrict the distribution of tobacco product samples and to restrict locations where free samples may be distributed; to provide for penalties; to provide for enforcement, remedies, and defenses; to provide for inspections by law enforcement agencies; to provide for a report to be submitted to the secretary of the United States Department of Health and Human Services; to amend Code Section 48-11-4 of the Official Code of Georgia Annotated, relating to licenses to engage in the cigar and cigarette business, so as to require registration of cigarette vending machines; to provide that such registration shall include the location of such machines; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1. Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, is amended in Code Section 16-12-170, relating to definitions, by striking in its entirety paragraph (3) and inserting a new paragraph to read as follows: (3) `Minor' means any person who is under the age of 18 years. Section 2. Said chapter is further amended by striking paragraphs (2) and (3) of subsection (a) of Code Section 16-12-171, relating to prohibited acts, and inserting in their places new paragraphs to read as follows: (2) The prohibition contained in paragraph (1) of this subsection shall not apply with respect to sale of cigarettes, tobacco products, or tobacco related objects by a person when such person has been furnished with proper identification showing that the person to whom the cigarettes, tobacco products, or tobacco related objects are sold is 18 years of age or older. (3) Any person who violates this subsection shall be guilty of a misdemeanor. Section 3. Said chapter is further amended by striking subsection (a) of Code Section 16-12-172, relating to signs in businesses selling cigarettes, and inserting in its place a new subsection to read as follows: (a) Any person owning or operating a place of business in which cigarettes, tobacco products, or tobacco related objects are sold or offered for sale shall post in a conspicuous place a sign which shall contain the following statement: `SALE OF CIGARETTES, TOBACCO, TOBACCO PRODUCTS, OR TOBACCO RELATED OBJECTS TO PERSONS UNDER 18 YEARS OF AGE IS PROHIBITED BY LAW.' Such sign shall be printed in letters of at least one-half inch in height.

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Section 4. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 16-12-173, relating to sales from vending machines, and inserting in its place a new subsection and by adding a new subsection, to be designated subsection (e), so that subsections (a) and (e) read as follows: (a) Any person who maintains in such person's place of business a vending machine which dispenses cigarettes, tobacco products, or tobacco related objects shall place or cause to be placed in a conspicuous place on such vending machine a sign containing the following statement: `THE PURCHASE OF CIGARETTES, TOBACCO PRODUCTS, OR TOBACCO RELATED OBJECTS FROM THIS VENDING MACHINE BY ANY PERSON UNDER 18 YEARS OF AGE IS PROHIBITED BY LAW.' (e) (1) The sale or offering for sale of cigarettes or tobacco related objects from vending machines shall not be permitted except: (A) In locations which are not readily accessible to minors, including but not limited to: (i) Factories, businesses, offices, and other places which are not open to the general public; (ii) Places open to the general public which do not admit minors; and (iii) Places where alcoholic beverages are offered for sale; (B) In areas which are in the immediate vicinity, plain view, and under the continuous supervision of the proprietor of the establishment or an employee who will observe the purchase of cigarettes, tobacco products, and tobacco related objects from the vending machine; and

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(C) In rest areas adjacent to roads and highways of the state. (2) Violation of this subsection shall be punished as provided in subsection (b) of this Code section for violation of subsection (a) of this Code section. Section 5. Said chapter is further amended by adding two new Code sections at the end of Article 7, to be designated Code Sections 16-12-174 and 16-12-175, to read as follows: 16-12-174. (a) As used in this Code section, the term `tobacco product sample' means a tobacco product distributed to members of the general public at no cost for purposes of promoting the product. (b) It shall be unlawful for any person to distribute any tobacco product sample to any person under the age of 18 years. (c) A person distributing tobacco product samples shall require proof of age from a prospective recipient if an ordinary person would conclude on the basis of appearance that such prospective recipient may be under the age of 18 years. (d) It shall be unlawful for any person who has not attained the age of 18 years to receive or attempt to receive any tobacco product sample. (e) No person shall distribute tobacco product samples on any public street, sidewalk, or park within 500 feet of any school or playground when those facilities are being used primarily by persons under the age of 18 years. (f) Violation of this Code section shall be punished as a misdemeanor. 16-12-175. (a) The provisions of this article, inclusive, shall be enforced through actions brought in any court of competent jurisdiction by the prosecuting attorney for the county in which the alleged violation occurred. Any fine collected for a violation of said provision shall be paid to the

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clerk of the court of the jurisdiction in which the violation occurred. Upon receipt of a fine for any violation of said provision, the clerk shall promptly notify the Department of Public Safety of the violation. (b) The Department of Public Safety, acting through the sheriffs of the several counties and chiefs of police of the several cities shall annually conduct random, unannounced inspections at locations where tobacco products are sold or distributed to ensure compliance with this article. Persons under the age of 18 years may be enlisted by such sheriffs or chiefs of police, or employees thereof, to test compliance with this article; provided, however, that such persons may be used to test compliance with said article only if the testing is conducted under the direct supervision of said sheriffs or chiefs of police, or employees thereof, and written parental consent has been provided. Any other use of persons under the age of 18 years to test compliance with this article or any other prohibition of like or similar import shall be unlawful and the person or persons responsible for such use shall be subject to the penalties prescribed in this article. The Department of Public Safety shall prepare annually for submission by the Governor to the secretary of the United States Department of Health and Human Services the report required by section 1926 of subpart I of part B of Title XIX of the federal Public Health Service Act, 42 U.S.C. 300x-26. Section 6. Code Section 48-11-4 of the Official Code of Georgia Annotated, relating to licenses to engage in the cigar and cigarette business, is amended by striking in its entirety subsection (d) and inserting in lieu thereof a new subsection (d) to read as follows: (d) The commissioner may make rules and regulations governing the sale of cigars and cigarettes and other tobacco products in vending machines. The commissioner shall require annually a special registration of each vending machine for any operation in this state and charge a license fee for the registration in the amount of $1.00 for each machine. The annual registration shall indicate the location of the vending machine. No vending machine shall be purchased or transported into this state for use in this state when the

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vending machine is not so designed as to permit inspection without opening the machine for the purpose of determining that cigars and cigarettes and other tobacco products contained in the machine bear the tax stamp required under this chapter. Section 7. All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1993. HIGHWAYS, BRIDGES, AND FERRIES CERTAIN VEHICLES; EXCESS DIMENSIONS; PERMITS FOR LOADS OF PREENGINEERED AND PREMANUFACTURED WOOD ROOF AND FLOOR TRUSSES. Code Section 32-6-28 Amended. No. 302 (Senate Bill No. 238). AN ACT To amend Code Section 32-6-28 of the Official Code of Georgia Annotated, relating to permits for excess weight and dimensions with respect to the operation of certain vehicles on the public roads of this state, so as to change the provisions relating to permits for excess dimensions; to provide for an annual permit and permit fee for loads of preengineered and premanufactured wood roof and floor trusses up to and including 12 feet wide; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 32-6-28 of the Official Code of Georgia Annotated, relating to permits for excess weight and dimensions with respect to the operation of certain vehicles on

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the public roads of this state, is amended by adding at the end of paragraph (1) of subsection (c) a new subparagraph (I) to read as follows: (I) For preengineered and premanufactured wood roof and floor trusses up to and including 12 feet wide 100.00 Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1993. LICENSING OF PHYSICIANS RESTRICTION OF SURGERY OR INVASIVE PROCEDURES ALTERING TISSUE TO LICENSED PHYSICIANS, VETERINARIANS, DENTISTS, OR PODIATRISTS REPEALED. Code Section 43-34-1 Repealed. No. 303 (Senate Bill No. 15). AN ACT To amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to the licensing of physicians, so as to repeal specifically Code Section 43-34-1, limiting the performance of surgery and other invasive procedures; 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 34 of Title 43 of the Official Code of Georgia Annotated, relating to the licensing of physicians, is amended by striking Code Section 43-34-1, which reads as follows: 43-34-1. Only persons licensed under the laws of this state to practice medicine under this chapter, veterinarians licensed under Chapter 50 of this title, dentists licensed under Chapter 11 of this title, or podiatrists licensed under Chapter 35 of this title shall perform any surgery, operation, or invasive procedure in which human or animal tissue is cut, pierced, or otherwise altered by the use of any mechanical means, laser, ionizing radiation, medication administered by injection, or the removal of foreign bodies from within the tissues of the eye., and inserting in its place the following: 43-34-1. Reserved. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1993.

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GEORGIA BOAT SAFETY ACTDISPLAY OF REGISTRATION DECALS; RESTRICTION OF POWER BOATS IN LAKE TUGALO REPEALED; POWER BOATS AND SKIING RESTRICTED ON PORTION OF CHATTAHOOCHEE RIVER. Code Sections 52-7-5, 52-7-13, and 52-7-20 Amended. No. 304 (Senate Bill No. 16). AN ACT To amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions applicable to the Georgia Boat Safety Act, so as to provide for the display of registration decals on both sides of a vessel; to provide for a restriction on the use of power boats on a portion of the Chattahoochee River; to provide for the designation of no ski areas; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions applicable to the Georgia Boat Safety Act, is amended by striking in its entirety paragraph (5) of subsection (b) of Code Section 52-7-5, relating to the numbering of vessels, and inserting in lieu thereof a new paragraph (5) to read as follows: (5) The decals assigned to all registered vessels must be displayed one on each side of the bow preceding the prefix letters. There shall be a hyphen or space separating each decal and the prefix letters. The hyphen or space shall be equal to the width of any letter except I. Section 2. Said article is further amended by striking in its entirety subsection (c) of Code Section 52-7-13, relating to boating safety zones and related matters, which reads as follows:

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(c) No motor in excess of ten horsepower shall be used on any vessel being operated on Lake Tugalo., and by redesignating subsections (d), (e), and (f) as (c), (d), and (e), respectively. Section 3. Said article is further amended by striking in its entirety subsection (b) of Code Section 52-7-20, relating to the operation of vessels in the vicinity of regulatory markers and aids to navigation, and inserting in lieu thereof the following: (b) It shall be unlawful to operate a power boat, except at an idle speed, or to create a wake in the vicinity of those marinas, bridges, public access ramps, and blind points which are identified by appropriate signs and markers which conform to the system of aids to navigation prescribed by the United States Coast Guard and to the system of uniform waterway markers approved by the Advisory Panel of State Officials to the Merchant Marine Council or on any portion of the Chattahoochee River between the Morgan Falls Dam and the Georgia Highway 400 bridge which the department so marks as being so restricted. Section 4. Said article is further amended by redesignating subsections (c), (d), (e), and (f) of said Code Section 52-7-20 as subsections (d), (e), (f), and (g), respectively, and by inserting immediately following subsection (b) of said Code Section the following: (c) It shall be unlawful to tow a person on water skis, aquaplanes, surfboards, or any similar device or to manipulate any such device on the Chattahoochee River between the Morgan Falls Dam and the Georgia Highway 400 bridge in any area identified by regulatory markers as a no ski area. The Department of Natural Resources is authorized to place signs and markers so as to identify the areas restricted by this Code section. Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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Section 6. All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1993. EDUCATION STATE BOARD; HEARINGS; NOTICES. Code Section 20-2-5.1 Amended. No. 305 (Senate Bill No. 45). AN ACT To amend Article 1 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the State Board of Education, so as to change certain requirements regarding public hearings by members of the State Board of Education and notice of such hearings; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 1 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the State Board of Education, is amended by striking Code Section 20-2-5.1, relating to public hearings by members of the State Board of Education, and inserting in its place a new Code section to read as follows: 20-2-5.1. (a) Each member of the State Board of Education shall hold one or more public hearings annually during the regular school calendar year in the respective congressional district from which the member was appointed. The purpose of the public hearing shall be to hear testimony from interested citizens and educators within the congressional district regarding the performance and problems of public education within the congressional district. The public hearing will be held in an appropriate public building located

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

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Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1993. REGULATION OF PSYCHOLOGISTS NEUROPSYCHOLOGY DEFINED; EXCEPTIONS TO LICENSURE REQUIREMENTS; PENALTIES; LICENSED PRACTICE OF PSYCHOLOGY NOT UNLICENSED PRACTICE OF MEDICINE. Code Sections 43-39-1, 43-39-7, 43-39-17, 43-39-19, and 43-34-26 Amended. No. 306 (Senate Bill No. 48). AN ACT To amend Chapter 39 of Title 43 of the Official Code of Georgia Annotated, relating to psychologists, so as to provide definitions; to change certain provisions relating to the practice of psychology without a license; to change a penalty provision; to amend Code Section 43-34-26 of the Official Code of Georgia Annotated, relating to practicing medicine without a license, so as to include a reference to psychology; 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 psychologists, is amended by striking Code Section 43-39-1, relating to definitions, and inserting in lieu thereof a new Code Section 43-39-1 to read as follows: 43-39-1. As used in this chapter, the term:

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(1) `Board' means the State Board of Examiners of Psychologists. (2) `Neuropsychology' means the subspecialty of psychology concerned with the relationship between the brain and behavior, including the diagnosis of brain pathology through the use of psychological tests and assessment techniques. (3) `To practice psychology' means to render or offer to render to individuals, groups, organizations, or the public for a fee or any remuneration, monetary or otherwise, any service involving the application of recognized principles, methods, and procedures of the science and profession of psychology, such as, but not limited to, diagnosing and treating mental and nervous disorders and illnesses, rendering opinions concerning diagnoses of mental disorders, including organic brain disorders and brain damage, engaging in neuropsychology, engaging in psychotherapy, interviewing, administering, and interpreting tests of mental abilities, aptitudes, interests, and personality characteristics for such purposes as psychological classification or evaluation, or for education or vocational placement, or for such purposes as psychological counseling, guidance, or readjustment. Nothing in this paragraph shall be construed as permitting the administration or prescription of drugs or in any way infringing upon the practice of medicine as defined in the laws of this state. Section 2. Said chapter is further amended by striking Code Section 43-39-7, relating to practicing without a license, and inserting in lieu thereof a new Code Section 43-39-7 to read as follows: 43-39-7. A person who is not licensed under this chapter shall not practice psychology, shall not use the title `psychologist,' and shall not imply that he or she is a psychologist. If any person shall practice psychology or 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, such person

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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 Professional Standards Commission 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, 1997, 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; (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; (5) Persons who hold a doctoral degree in psychology may practice under the supervision of a licensed psychologist in order to obtain the experience required for licensure; and (6) Nothing in this chapter shall be construed to prohibit any person from engaging in the lawful practice

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of medicine, nursing, professional counseling, social work, and marriage and family therapy, as provided for under other state law, provided that such person shall not use the title `psychologist' nor imply that he or she is a psychologist. Section 3. Said chapter is further amended by striking Code Section 43-39-17, relating to the use of the title psychologist, and inserting in lieu thereof a new Code Section 43-39-17 to read as follows: 43-39-17. Except as provided in Code Section 43-39-7, a person shall not practice psychology and 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 4. Said chapter is further amended by striking Code Section 43-39-19, relating to penalties, and inserting in lieu thereof a new Code Section 43-39-19 to read as follows: 43-39-19. Any person who violates this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined no less than $100.00 nor more than $1,000.00 and may be imprisoned for a term not to exceed 12 months for such violation. Section 5. Code Section 43-34-26 of the Official Code of Georgia Annotated, relating to practicing medicine without a license, 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 prohibit: (1) Gratuitous services in cases of emergency;

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(2) The practice of the religious tenets or general beliefs of any church whatsoever; (3) The requiring of a fee for examination by opticians, at their established places of business, who do not prescribe or use drugs or medicines or attach to their names titles indicative that any such persons are engaged in the practice of medicine, as defined in this chapter; (4) The performance of their duties for the federal government by federal physicians, both military and civilian; (5) The practice of medicine, by an individual appointed as an intern or accepted for specialty or residency training in programs approved by the board, for a period of two years or for such additional period as the board, by application, may determine; (6) The consultation on special cases in this state of regularly licensed physicians from other states or territories; (7) The licensed practice of dentistry, optometry, psychology, or chiropractic; (8) The licensed practice of midwifery or nursing; (9) The utilization of a physician's assistant to perform tasks approved by the board, and the performance of such tasks by the physician's assistant; the delegation by a physician to a qualified person other than a physician's assistant of any acts, duties, or functions which are otherwise permitted by law or established by custom; and the performance of such acts, duties, or functions by such a person other than a physician's assistant; or (10) The performance of: (A) Any medical task by a student enrolled in a medical college, osteopathic college, or physician's

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assistant training program approved by the board; or (B) Any dental task by a student enrolled in a dental college approved by the Georgia Board of Dentistry where either type task is performed under the supervision of an authorized instructor lawfully licensed in this state to perform such tasks. Section 6. All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1993. SUPREME COURT TERMS OF COURT; DISPOSITION OF CASES. Code Section 15-2-4 Amended. No. 307 (Senate Bill No. 76). AN ACT To amend Code Section 15-2-4 of the Official Code of Georgia Annotated, relating to place of sessions and terms of court of the Supreme Court, so as to provide that no judgment in a second-term case, other than a judgment on a motion for reconsideration in such case, shall be rendered during the last 15 days of any term; to provide that disposition of first-term cases may be made during any nonterm periods; 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 court of the Supreme Court, is amended by striking subsection

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(c) of said Code section 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 in a second-term case, other than a judgment on a motion for reconsideration in such case, shall be rendered during the last 15 days of any term. Disposition of first-term cases may be made during nonterm periods. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1993. REGISTRATION OF LIENS FOR FEDERAL TAXES FILING, INDEXING, AND RECORDING IN GENERAL EXECUTION DOCKET OF NOTICES OF LIEN, REFILING, NOTICE OR REVOCATION OF CERTIFICATES, DISCHARGES. Code Section 44-14-573 Amended. No. 308 (Senate Bill No. 85). AN ACT To amend Part 13 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to registration of liens for federal taxes, so as to provide that the clerk of superior court shall file, index, and record notices of federal tax liens, refilings of federal tax liens, notices or revocations of certificates relating to liens on real property for taxes payable to the United States, or certificates of discharge of federal tax liens; 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. Part 13 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to registration of liens for federal taxes, is amended by striking Code Section 44-14-573, relating to duties of filing officers and filing of federal tax liens, which reads as follows: 44-14-573. (a) If a notice of a federal tax lien, a refiling of a notice of tax lien, or a notice or revocation of any certificate described in subsections (a) and (b) of Code Section 44-14-571 is presented to the clerk of the superior court, he shall immediately enter the same in the general execution docket or in an alphabetical federal tax lien index to be provided by the judge of the probate court or other authority having charge of county affairs; such index shall show on one line the name and residence of the taxpayer named in the notice, the collector's serial number of the notice, the date and hour of filing, and the amount of tax and penalty assessed. He shall file and keep all original notices so filed in numerical order in a file to be provided by the judge of the probate court or other authority and to be designated as federal tax lien notices. (b) When a certificate of discharge of any tax lien issued by the collector of internal revenue or other proper officer is filed in the office of the clerk of the superior court where the original notice of the lien is filed, the clerk of the superior court shall enter the same, with the date of filing, in the federal tax lien index on the line where the notice of the lien so discharged is entered and shall permanently attach the original certificate of discharge to the original notice of lien. (c) Upon the request of any person, the clerk of the superior court shall issue his certificate showing whether there is on file any notice of federal tax lien or certificate or notice affecting the lien as described in subsections (a) and (b) of Code Section 44-14-571 naming a particular person and, if a notice or certificate is on file, giving the date and hour of filing of each notice or certificate. Upon request, the clerk of

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the superior court shall furnish a copy of any notice of federal tax lien or notice or certificate affecting a federal tax lien upon payment of the appropriate fee., and inserting in lieu thereof the following: 44-14-573. The clerk of superior court shall file, index, and record in the general execution docket or lien book of his or her office a notice of a federal tax lien, refiling of a federal tax lien, notice or revocation of a certificate described in subsections (a) and (b) of Code Section 44-14-571, or certificate of discharge of a federal tax lien in the same manner as provided for in Code Section 9-12-86 for liens upon land. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1993. HIGHWAYS, BRIDGES, AND FERRIES TRAVEL LANES; PENALTIES FOR VIOLATIONS OF USE. Code Section 32-9-4 Amended. Code Section 40-6-54 Enacted. No. 309 (Senate Bill No. 90). AN ACT To amend Code Section 32-9-4 of the Official Code of Georgia Annotated, relating to designation of travel lanes and use of such lanes, so as to provide for penalties for violations of use by drivers of vehicles not authorized to operate in certain designated travel lanes; to amend Article 3 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to driving

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on the right side of the roadway, overtaking and passing, and following too closely, so as to provide for designation and use of travel lanes and to provide for penalties for violations; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 32-9-4 of the Official Code of Georgia Annotated, relating to designation of travel lanes and use of such lanes, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 32-9-4 to read as follows: 32-9-4. (a) The department is authorized to designate travel lanes in each direction of travel on any road in the state highway system for the exclusive or preferential use of buses, of motorcycles, of passenger vehicles occupied by two persons or more or as designated by the department, or of passenger vehicles. Where such designation has been made, the road shall be appropriately marked with such signs or other roadway markers and markings to inform the traveling public of the lane restrictions imposed. (b) No driver of any vehicle not authorized to be operated in a lane designated and signed for exclusive use shall operate such vehicle in such lane except to execute turning movements or in an emergency situation. Any person who violates this subsection shall be guilty of a misdemeanor, punishable as provided for in Code Section 40-6-54. (c) No traffic lane shall be designated and signed for exclusive use pursuant to subsection (a) of this Code section without the approval of the State Transportation Board. (d) The department is authorized to promulgate necessary rules and regulations in order to carry out the purposes of this Code section. Section 2. Article 3 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to driving on the right

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side of the roadway, overtaking and passing, and following too closely, is amended by adding at the end a new Code Section 40-6-54 to read as follows: 40-6-54. (a) The Department of Transportation may designate travel lanes on any road in the state highway system for the exclusive use of certain vehicles, as provided in Code Section 32-9-4; provided, however, that where such designation has been made, the road shall be appropriately marked with signs or other roadway markers or markings to inform the traveling public of the restrictions imposed. (b) Any person who violates subsection (b) of Code Section 32-9-4 shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine: (1) Not to exceed $75.00 for the first such offense; (2) Not to exceed $100.00 for the second such offense; (3) Not to exceed $150.00 for the third such offense; and (4) Not to exceed $150.00 plus one point on such person's driver's license as provided for under Code Section 40-5-57 for the fourth or subsequent offense. (c) In the prosecution of an offense committed in the presence of or witnessed by a law enforcement officer whether by direct observation or as recorded through means of video surveillance, either by magnetic imaging or photographic copy, of failure to obey a road sign restricting a highway or portion thereof to the use of high occupancy vehicles (HOV), proof that the vehicle described in the HOV violation summons was operated in violation of this Code section, together with proof that the defendant was at the time of such violation the registered owner of the vehicle, shall constitute evidence as a rebuttable presumption that such registered owner of the vehicle was the person committing the violation. Notwithstanding any other provision of this paragraph to the contrary, said rebuttable presumption shall

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be overcome if the owner of said vehicle states, under oath, in open court, that he or she was not the operator of the vehicle at the time the alleged offense occurred. 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 5, 1993. HIGHWAYS, BRIDGES, AND FERRIES STATE TOLLWAY AUTHORITY; PROPERTY; JURISDICTION OF DEPARTMENT OF TRANSPORTATION ENFORCEMENT OFFICERS; TOLL FEES. Code Sections 32-6-29 and 32-10-64 Amended. No. 310 (Senate Bill No. 91). AN ACT To amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to provide that Department of Transportation enforcement officers may enforce all state laws and arrest any person on property owned or controlled by the State Tollway Authority; to provide for the collection of an administrative fee when recovering the nonpayment of a toll; to provide for fines for failure to pay tolls; to provide that the use of nonlegal tender to pay tolls is a misdemeanor; to provide that under certain conditions the removal of coins from the pavement is a misdemeanor; to provide that unauthorized entry or breakage of a toll collection device is a misdemeanor; to authorize law enforcement officers to issue fine assessments for toll evasions; to provide for the use of certain technology to enforce toll collection; to authorize state and local law enforcement entities to enter into traffic and toll enforcement

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agreements; 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 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended by striking paragraph (5) of subsection (a) of Code Section 32-6-29, relating to duties of Department of Transportation enforcement officer, in its entirety and inserting in lieu thereof a new paragraph (5) to read as follows: (5) To enforce all state laws and to arrest any person found to be violating any state law but only on the following properties owned or controlled by the department or the State Tollway Authority: rest areas, truck-weighing stations or checkpoints, wayside parks, parking facilities, toll facilities, and any buildings and grounds for public equipment and personnel used for or engaged in administration, construction, or maintenance of the public roads or research pertaining thereto;. Section 2. Said title is further amended by striking subsection (b) of Code Section 32-10-64, relating to general toll powers, in its entirety and inserting in lieu thereof new subsections (b) through (i) to read as follows: (b) In the exercise of the authority's toll powers, the authority is authorized to exercise so much of the police powers of the state as shall be necessary to maintain the peace and accomplish the orderly handling of the traffic and the collection of tolls on all projects operated by the authority; and the authority shall prescribe such rules and regulations for the method of taking tolls and the employment and conduct of toll takers and other operating employees as the authority, in its discretion, may deem necessary. (c) No motor vehicle shall be driven or towed through a toll collection facility, where appropriate signs have been erected to notify traffic that it is subject to the payment of tolls beyond such sign, without payment of the proper toll.

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In the event of nonpayment of the proper toll, as evidenced by video or electronic recording, the registered owner of such vehicle shall be liable to make prompt payment to the authority of the proper toll and an administrative fee of $25.00 to recover the cost of collecting the toll. Upon failure to pay the proper toll and administrative fee to the authority after notice thereof and within the time designated in such notice, the registered owner shall be cited for a violation of this subsection and, upon conviction, shall be subject to the payment of a fine of not less than $50.00 nor more than $100.00 for each and every violation of this subsection and any other fine or penalty that may be prescribed by law for such violations. In the prosecution of an offense, proof that the vehicle was operated in violation of this section, together with proof that the defendant was at the time of such violation the registered owner of the vehicle, shall constitute in evidence a rebuttable presumption that such registered owner of the vehicle was the person who committed the violation. Such presumption shall be rebutted if the registered owner of the vehicle testifies in open court under oath that he was not the operator of the vehicle at the time of the violation. The court of the local jurisdiction in which the violation occurred shall be authorized to assess and collect such fine, in addition to any court costs, provided that the court shall also collect the proper toll and administrative fee and forward such toll and fee to the authority. (d) Any person who shall use or attempt to use any currency or coins other than legal tender of the United States of America or tokens issued by the authority or who shall use or attempt to use any electronic device or equipment not authorized by the authority in lieu of or to avoid payment of a toll shall be guilty of a misdemeanor. (e) Any person, except an authorized agent or employee of the authority, who removes any coin from the pavement or ground surface within 15 feet of a toll collection booth or toll collection machine, except to retrieve coins the person dropped while attempting payment of that person's toll, shall be guilty of a misdemeanor.

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(f) Any person who enters without authorization or who willfully, maliciously, and forcibly breaks into any mechanical or electronic toll collection device of the authority or appurtenance thereto shall be guilty of a misdemeanor. (g) Any law enforcement officer shall have the authority to issue citations for toll evasions if such officer is a witness to any of the following violations: (1) A person forcibly or fraudulently passes a toll collection device without payment or refuses to pay, evades, or attempts to evade the payment of such tolls; (2) A person turns, or attempts to turn, a vehicle around on a bridge, approach, or toll plaza where signs have been erected forbidding such turning; or (3) A person refuses to pass through the toll collection facility after having come within the area where signs have been erected notifying traffic that it is entering the area where a toll is collectable or where vehicles may not turn around and where vehicles are required to pass through the toll gates for the purposes of collecting tolls. (h) The authority may in its discretion use such technology, including but not limited to automatic vehicle license tag identification photography and video surveillance, either by electronic imaging or photographic copy, that it deems necessary to aid in the collection of tolls and enforcement of toll violations. (i) State and local law enforcement entities are authorized to enter into traffic and toll enforcement agreements with the authority. Any funds received by a state law enforcement entity pursuant to such toll enforcement agreement shall be subject to annual appropriations by the General Assembly to such law enforcement entity for the purpose of performing its duties pursuant to such agreement.

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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 5, 1993. HIGHWAYS, BRIDGES, AND FERRIES DEPARTMENT OF TRANSPORTATION; REMOVAL OF UNATTENDED VEHICLES. Code Sections 32-6-2, 40-6-275, 40-11-1, and 40-11-3 Amended. No. 311 (Senate Bill No. 92). AN ACT To amend Code Section 32-6-2 of the Official Code of Georgia Annotated, relating to the authority of the department, counties, and municipalities to regulate parking and remove unattended vehicles from public roads, so as to authorize the Department of Transportation to remove all unattended, abandoned, or distressed motor vehicles from any portion of the state highway system; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to provide for additional incidents wherein the Department of Transportation's employees may require the removal of incapacitated vehicles; to authorize the Department of Transportation to immediately remove vehicles from the state highway system which pose a threat to public health or safety or to mitigate congestion; to authorize the Department of Transportation to remove or have removed unattended motor vehicles from the state highway system; 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 32-6-2 of the Official Code of Georgia Annotated, relating to the authority of the department, counties, and municipalities to regulate parking and remove unattended vehicles from public roads, is amended by striking paragraph (1) of said Code section in its entirety and inserting in lieu thereof a new paragraph (1) to read as follows: (1) The department may regulate and prohibit the parking of any type of vehicle on any public road on the state highway system, including extensions thereof into or through municipalities. Whenever any state or local law enforcement officer or employee of the Department of Transportation to whom law enforcement authority has been designated pursuant to Code Section 32-6-29 finds a vehicle parked in violation of law or the department's regulations, such officer or employee is authorized to move such vehicle or require the driver or other person in charge of the vehicle to move the same. If the vehicle is unattended, such officer or employee is authorized to remove or provide for the removal of such vehicle to the nearest garage or other place of safety at the owner's expense. State or local law enforcement officers and the department are further authorized, with or without the consent of the owner, to remove or have removed any obstruction, cargo, or personal property which is abandoned, unattended, or damaged as a result of a vehicle accident which the department determines to be a threat to public health or safety or to mitigate traffic congestion. Section 2. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, is amended by striking subsection (g) of Code Section 40-6-275, relating to the duty of employees of the Department of Transportation to remove incapacitated vehicles from the expressway or multilane highways, in its entirety and inserting in lieu thereof a new subsection (g) to read as follows: (g) Employees of the Department of Transportation, in the exercise of the management, control, and maintenance of the state highways, may require and assist in the removal from the main traveled way of roads on the state highway system of all vehicles incapacitated from any cause other than having been involved in a motor vehicle accident and of

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all vehicles incapacitated as a result of motor vehicle traffic accidents and of debris caused thereby when such motor vehicle accidents occur with no personal injury, death, or extensive property damage, where such move can be accomplished safely by the drivers of the vehicles involved or with the assistance of a towing or recovery vehicle and will result in the improved safety or convenience of travel upon the road. However, a vehicle incapacitated as a result of a motor vehicle traffic accident with apparent personal injury, death, or extensive property damage may not be moved until the enforcement officer has made the necessary measurements and diagrams required for the initial accident investigation. Section 3. Said title is further amended by striking subparagraph (b) of paragraph (1) of Code Section 40-11-1, relating to definitions relative to abandoned motor vehicles, in its entirety and inserting in lieu thereof a new subparagraph (B) to read as follows: (B) Which is left unattended on a public street, road, or highway or other public property for a period of at least five days and when it reasonably appears to a law enforcement officer that the individual who left such motor vehicle unattended does not intend to return and remove such motor vehicle. However, on the state highway system, any law enforcement officer or employee of the Department of Transportation to whom enforcement authority has been designated pursuant to Code Section 32-6-29 may authorize the immediate removal of vehicles posing a threat to public health or safety or to mitigate congestion; Section 4. Said title is further amended by striking subsection (b) of Code Section 40-11-3, relating to when a peace officer may remove vehicles from public property, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) Any law enforcement officer or employee of the Department of Transportation to whom law enforcement authority has been designated pursuant to Code Section 32-6-29, who finds a motor vehicle which has been left unattended on the state highway system shall be authorized to cause

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such motor vehicle to be removed immediately to a garage or other place of safety when such motor vehicle poses a threat to public health or safety or to mitigate congestion. Any peace officer who finds a motor vehicle which has been left unattended on a public street, road, or highway or other public property, other than the state highway system, shall be authorized immediately to cause such motor vehicle to be removed immediately to a garage or other place of safety when such motor vehicle poses a threat to public health or safety or to mitigate congestion. Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 7. All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1993. HIGHWAYS, BRIDGES, AND FERRIES RIDE-SHARING PROGRAMS; FINANCIAL SUPPORT. Code Section 32-9-5 Amended. No. 312 (Senate Bill No. 93). AN ACT To amend Code Section 32-9-5 of the Official Code of Georgia Annotated, relating to the Department of Transportation's authority to support ride-sharing programs, so as to enable the department to provide financial support for ride-sharing programs; 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 32-9-5 of the Official Code of Georgia Annotated, relating to the Department of Transportation's authority to support ride-sharing programs, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code section to read as follows: 32-9-5. Subject to general appropriations for such purposes, the department, pursuant to its rules and regulations, is authorized, alone or in cooperation with counties, municipalities, authorities, state agencies, or private or public entities, to participate in the establishment and operation of ride-sharing programs. A ride-sharing program is an undertaking designed to encourage safe and adequate transportation by increasing the number of person-trips per vehicle, regardless of the type of vehicle. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1993. SUPERIOR COURTS CLERKS; PRIORITIES OF DISTRIBUTION OF FINES, FORFEITURES, AND SURCHARGES. Code Section 15-6-94 Enacted. No. 313 (Senate Bill No. 156). AN ACT To amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to provide for priorities of the distribution of fines, forfeitures, surcharges, additional fees, and costs in criminal

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matters in cases of partial payments into the court; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of the superior courts, is amended by adding a new Code section immediately after Code Section 15-6-93, relating to office hours of the clerks of the superior courts, to read as follows: 15-6-94. Notwithstanding any law to the contrary, a clerk of any superior court of this state who receives partial payments, as ordered by the court, of criminal fines, forfeitures, or costs shall distribute said sums in the order of priority set forth below: (1) The amount provided for in Chapter 17 of Title 47 for the Peace Officers' Annuity and Benefit Fund; (2) The amount provided for in Chapter 14 of Title 47 for the Superior Court Clerks' Retirement Fund of Georgia; (3) The amount provided for in Chapter 16 of Title 47 for the Sheriffs' Retirement System of Georgia; (4) The amount as may be provided in Chapter 15 of Title 36 for county law libraries; (5) The surcharge provided for in Chapter 21 of Title 15 for the Peace Officer and Prosecutor Training Fund; (6) The surcharge provided for in Chapter 21 of Title 15 for jail construction and staffing; (7) The surcharge provided for in Code Section 15-21-112 for compensation of victims of violations of Code Section 40-6-391;

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(8) The balance of the fine shall be paid to the county (9) After the final partial or installment payment, the surcharge provided for in Code Sections 15-21-100 and 15-21-101 for the Drug Abuse Treatment and Education Fund. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1993. COMMERCE AND TRADE BROKERAGE RELATIONSHIPS IN REAL ESTATE TRANSACTIONS; DUTIES AND RESPONSIBILITIES OF REAL ESTATE BROKERS. Code Title 10, Chapter 6A Enacted. No. 314 (Senate Bill No. 227). AN ACT To amend Title 10 of the Official Code of Georgia Annotated, relating to commerce, so as to add a new Chapter 6A to be entitled Brokerage Relationships in Real Estate Transactions; to provide legislative declaration; to define certain terms; to establish certain relationships between real estate brokers and their clients; to establish certain duties and responsibilities for real estate brokers; to provide for duration of brokerage engagements; to provide for disclosures; to provide that compensation does not determine agency relationship; to provide for dual agency; to provide that a broker has no implied agency relationship with a common source information company; to provide for

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unfair trade practices in real estate transactions; 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 10 of the Official Code of Georgia Annotated, relating to commerce, is amended by adding a new Chapter 6A to read as follows: CHAPTER 6A 10-6A-1. This chapter shall be known as and may be cited as the `Brokerage Relationships in Real Estate Transactions Act.' 10-6A-2. (a) The general assembly finds, determines, and declares that application of the common law of agency to the relationships between real estate brokers and persons who are sellers, buyers, landlords and tenants of rights and interests in real property has resulted in misunderstandings and consequences that have been contrary to the best interests of the public; the General Assembly further finds, determines, and declares that the real estate brokerage industry has a significant impact upon the economy of the State of Georgia and that it is in the best interests of the public to provide codification of the relationships between real estate brokers and consumers of brokerage services in order to prevent detrimental misunderstandings and misinterpretations of such relationships by both consumers and real estate brokers and thus promote and provide stability in the real estate market. The provisions of this chapter are enacted to govern the relationships between sellers, landlords, buyers, tenants, and real estate brokers to the extent not governed by individual written agreements. (b) The General Assembly further finds, determines, and declares that the provisions of this chapter are not intended to prescribe or affect the contractual relationships as between real estate brokers and the broker's affiliated licenses.

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(c) The provisions of this chapter may serve as a basis for private rights of action and defenses by sellers, buyers, landlords, tenants, and real estate brokers. 10-6A-3. (a) As used in this chapter, the term: (1) `Agency' means every relationship in which a real estate broker acts for or represents another by the latter's express authority in a real property transaction. (2) `Broker' means any individual or entity issued a broker's real estate license by the Georgia Real Estate Commission pursuant to Chapter 40 of Title 43. The term `broker' includes the broker's affiliated licensees except where the context would otherwise indicate. (3) `Brokerage' means the business or occupation of a real estate broker. (4) `Brokerage engagement' means an express written or oral contract wherein the client promises to pay the real estate broker a valuable consideration or agrees that the real estate broker may receive a valuable consideration from another in consideration of the broker producing a seller, buyer, tenant, or landlord ready, able, and willing to sell, buy, or rent the property. (5) `Brokerage relationship' means the resulting agency formed between the broker and the broker's client as a result of the brokerage engagement. (6) `Client' means a person who has entered into a brokerage engagement with a real estate broker. (7) `Common source information companies' means any person, firm, or corporation that is a source, compiler, or supplier of information regarding real estate for sale or lease and other data and includes but is not limited to multiple listing services. (8) `Customer' means a person who has not entered into a brokerage engagement with a broker but for whom

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a broker may perform ministerial acts in a real estate transaction. (9) `Dual agent' means a broker who has a brokerage relationship with both seller and buyer or both landlord and tenant in the same transaction. (10) `Limited agent' means a broker who, acting under the authority of a brokerage engagement, solicits offers to purchase, sell, lease, or exchange real property without being subject to the control of the client except as to the result of the work. (11) `Ministerial acts' means those acts which a broker or affiliated licensee performs for a person which do not require discretion or the exercise of the broker or affiliated licensee's own judgment. (12) `Timely' means seasonable; a reasonable time under the particular circumstances. 10-6A-4. (a) A broker who performs services under a brokerage engagement for another is a limited agent, unless a different legal relationship between the broker and the person for whom the broker performs the service is intended and is reduced to writing and signed by the parties. If a broker is not a limited agent, then notice of said different relationship shall be timely furnished to all parties to the proposed real estate transaction. Except as set out in this chapter, a limited agent shall not be deemed to have a fiduciary relationship with any party or fiduciary obligations to any party but shall only be responsible for exercising ordinary care in the discharge of its specified duties under the brokerage engagement. Unless a broker enters into a brokerage engagement with a person, it shall be presumed that the person is a customer of the broker rather than a client. (b) Whenever a broker's relationship to customers or clients changes among broker and customer, limited agent and client, dual agent, or such other different legal relationship as the parties may agree, the broker shall disclose that fact to all brokers, customers, or clients involved in the contemplated

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transaction and set out the nature of the new relationship to the customers or clients and the broker's duties under this chapter. 10-6A-5. (a) A broker engaged by a seller shall: (1) Perform the terms of the brokerage engagement made with the seller; (2) Promote the interests of the seller by: (A) Seeking a sale at the price and terms stated in the brokerage engagement or at a price and terms acceptable to the seller; provided, however, the broker shall not be obligated to seek additional offers to purchase the property while the property is subject to a contract of sale, unless the brokerage engagement so provides; (B) Timely presenting all offers to and from the seller, even when the property is subject to a contract of sale; (C) Disclosing to the seller material facts which the broker has actual knowledge concerning the transaction; (D) Advising the seller to obtain expert advice as to material matters which are beyond the expertise of the broker; (E) Timely accounting for all money and property received in which the seller has or may have an interest; (3) Exercise reasonable skill and care; and (4) Comply with all requirements of this chapter and all applicable statutes and regulations, including but not limited to fair housing and civil rights statutes.

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(b) Brokers shall treat all prospective buyers honestly and shall not knowingly give them false information. A broker engaged by a seller shall timely disclose to prospective buyers with whom the broker is working all material adverse facts pertaining to the physical condition of the property including but not limited to material defects in the property, environmental contamination, and facts required by statute or regulation to be disclosed which are actually known by the broker which could not be discovered by a reasonably diligent inspection of the property by the buyer. A broker shall not be liable to a buyer for providing false information to the buyer if the false information was provided to the broker by the broker's seller-client and the broker did not have actual knowledge that the information was false. Nothing in this subsection shall limit any obligation of a seller under any applicable law to disclose to prospective buyers all material adverse facts actually known by the seller pertaining to the physical condition of the property nor shall it limit the obligation of prospective buyers to inspect the physical condition of the property. No cause of action shall arise on behalf of any person against a broker for revealing information in compliance with this subsection. (c) A broker engaged by a seller in a real estate transaction may provide assistance to the buyer by performing such ministerial acts as preparing offers and conveying them to the seller; locating lenders, inspectors, attorneys, insurance agents, surveyors, schools, shopping facilities, places of worship, and all such other like or similar services; and performing such ministerial acts shall not be construed in such a manner as to violate the broker's brokerage engagement with the seller nor shall performing such ministerial acts for the buyer be construed in such a manner as to form a brokerage engagement with the buyer. (d) A broker engaged by a seller does not breach any duty or obligation by showing alternative properties to prospective buyers. 10-6A-6. (a) A broker engaged by a landlord shall:

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(1) Perform the terms of the brokerage engagement made with the landlord; (2) Promote the interests of the landlord by: (A) Seeking a tenant at the price and terms stated in the brokerage engagement or at a price and terms acceptable to the landlord; provided, however, the broker shall not be obligated to seek additional offers to lease the property while the property is subject to a lease, or letter of intent to lease, unless the brokerage engagement so provides; (B) Timely presenting all offers to and from the landlord, even when the property is subject to a lease or a letter of intent to lease; (C) Disclosing to the landlord material facts which the broker has actual knowledge concerning the transaction; (D) Advising the landlord to obtain expert advice as to material matters which are beyond the expertise of the broker; (E) Timely accounting for all money and property received in which the landlord has or may have an interest; (3) Exercise reasonable skill and care; and (4) Comply with all requirements of this chapter and all applicable statutes and regulations, including but not limited to fair housing and civil rights statutes. (b) Brokers shall treat all prospective tenants honestly and shall not knowingly give them false information. A broker engaged by a landlord shall timely disclose to prospective tenants with whom the broker is working all material adverse facts pertaining to the physical condition of the property including, but not limited to, material defects in the property, environmental contamination, and facts required

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by statute or regulation to be disclosed which are actually known by the broker which could not be discovered by a reasonably diligent inspection of the property by the tenant. A broker shall not be liable to a tenant for providing false information to the tenant if the false information was provided to the broker by the broker's landlord-client and the broker did not have actual knowledge that the information was false. Nothing in this subsection shall limit any obligation of the landlord under any applicable law to disclose to prospective tenants all material adverse facts actually known by the landlord pertaining to the physical condition of the property nor shall it limit the obligation of prospective tenants to inspect the physical condition of the property. No cause of action by any person shall arise on behalf of any person against a broker for revealing information in compliance with this subsection. (c) A broker engaged by a landlord in a real estate transaction may provide assistance to the tenant by performing such ministerial acts as preparing offers and conveying them to the landlord; locating inspectors, attorneys, insurance agents, schools, shopping facilities, places of worship, and all such other like or similar services; and performing such ministerial acts shall not be construed in such a manner as to violate the broker's brokerage engagement with the landlord nor shall performing such ministerial acts for the tenant be construed in such a manner as to form a brokerage engagement with the tenant. (d) A broker engaged by a landlord does not breach any duty or obligation by showing alternative properties to prospective tenants. 10-6A-7. (a) A broker engaged by a buyer shall: (1) Perform the terms of the brokerage engagement made with the buyer; (2) Promote the interests of the buyer by: (A) Seeking a property at a price and terms acceptable to the buyer; provided, however, the broker

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shall not be obligated to seek other properties for the buyer while the buyer is a party to a contract to purchase property, unless the brokerage engagement so provides; (B) Timely presenting all offers to and from the buyer, even when the buyer is a party to a contract to purchase property; (C) Disclosing to the buyer material facts which the broker has actual knowledge concerning the transaction; (D) Advising the buyer to obtain expert advice as to material matters which are beyond the expertise of the broker; (E) Timely accounting for all money and property received in which the buyer has or may have an interest; (3) Exercise reasonable skill and care; and (4) Comply with all requirements of this chapter and all applicable statutes and regulations, including but not limited to fair housing and civil rights statutes. (b) Brokers shall treat all prospective sellers honestly and shall not knowingly give them false information. A broker engaged by a buyer shall timely disclose to a prospective seller with whom the broker is working as a customer and who is selling property which will be financed either by a loan assumption or by the seller's providing a part or all of the financing all material adverse facts actually known by the broker concerning the buyer's financial ability to perform the terms of the sale, and in the case of a residential transaction, the buyer's intent to occupy the property as a principal residence. A broker shall not be liable to a seller for providing false information to the seller if the false information was provided to the broker by the broker's buyer-client and the broker did not have actual knowledge that the information was false. Nothing in this subsection shall limit the obligation

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of the prospective buyer under any applicable law to disclose to the prospective seller all material adverse facts actually known by the buyer concerning the buyer's financial ability to perform the terms of the sale, and in the case of a residential transaction, the buyer's intent to occupy the property as a principal residence. No cause of action shall arise on behalf of any person against a broker for revealing information in compliance with this subsection. (c) A broker engaged by a buyer in a real estate transaction may provide assistance to the seller by performing such ministerial acts as preparing and conveying offers to the buyer; locating inspectors, attorneys, surveyors, and all such other like or similar services; and performing such ministerial acts shall not be construed in such a manner as to violate the broker's brokerage engagement with the buyer nor shall performing such ministerial acts for the seller be construed in such a manner as to form a brokerage engagement with the seller. (d) A broker engaged by a buyer does not breach any duty or obligation by showing properties in which the buyer is interested to other prospective buyers. 10-6A-8. (a) A broker engaged by a tenant shall: (1) Perform the terms of the brokerage engagement made with the tenant; (2) Promote the interests of the tenant by: (A) Seeking a lease at a price and terms acceptable to the tenant; provided, however, the broker shall not be obligated to seek other properties for the tenant while the tenant is a party to a lease or a letter of intent to lease unless the brokerage engagement so provides; (B) Timely presenting all offers to and from the tenant, even when the tenant is a party to a lease or a letter of intent to lease;

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(C) Disclosing to the tenant material facts which the broker has actual knowledge concerning the transaction; (D) Advising the tenant to obtain expert advice as to material matters which are beyond the expertise of the broker; (E) Timely accounting for all money and property received in which the tenant has or may have an interest; (3) Exercise reasonable skill and care; and (4) Comply with all requirements of this chapter and all applicable statutes and regulations, including but not limited to fair housing and civil rights statutes. (b) Brokers shall treat all prospective landlords honestly and shall not knowingly give them false information. A broker engaged by a tenant shall timely disclose to a prospective landlord with whom the broker is working all material adverse facts actually known by the broker concerning the tenant's financial ability to perform the terms of the lease or letter of intent to lease or intent to occupy the property. A broker shall not be liable to a landlord for providing false information to the landlord if the false information was provided to the broker by the broker's tenant-client and the broker did not have actual knowledge that the information was false. Nothing in this subsection shall limit any obligation of the prospective tenant under any applicable law to disclose to a prospective landlord all material adverse facts actually known by the tenant concerning the tenant's financial ability to perform the terms of the lease or letter of intent to lease or intent to occupy the property. No cause of action shall arise on behalf of any person against a broker for revealing information in compliance with this subsection. (c) A broker engaged by a tenant in a real estate transaction may provide assistance to the landlord by performing such ministerial acts as preparing and conveying offers to the tenant; locating draftsmen or architects, attorneys, surveyors,

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and all such other like or similar services; and performing such ministerial acts shall not be construed in such a manner as to violate the broker's brokerage engagement with the tenant nor shall performing such ministerial acts for the landlord be construed in such a manner as to form a brokerage engagement with the landlord. (d) A broker engaged by a tenant does not breach any duty or obligation by showing properties in which the tenant is interested to other prospective tenants. 10-6A-9. (a) The relationships set forth in Code Sections 10-6A-4 through 10-6A-8 shall commence at the time that the client engages the broker, and shall continue until: (1) Completion of performance of the engagement; or (2) If paragraph (1) of this subsection is not applicable, then the earlier of: (A) Any date of expiration agreed upon by the parties in the brokerage agreement or in any amendments thereto; (B) Any authorized termination of the relationship; or (C) If no expiration is provided and no termination has occurred, then one year after initiation of the engagement. (b) Except as otherwise agreed in writing and as provided in subsection (a) of this Code section, a broker owes no further duties to the client after termination, expiration, or completion of performance of the engagement, except: (1) To account for all moneys and property relating to the engagement; and (2) To keep confidential all information received during the course of the engagement which was made

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confidential by request or instructions from the client, unless: (A) The client permits the disclosure by subsequent word or conduct; (B) Such disclosure is required by law; or (C) The information becomes public from a source other than the broker. 10-6A-10. (a) Prior to entering into any of the brokerage engagement relationships enumerated in Code Sections 10-6A-4 through 10-6A-8, a broker shall: (1) Advise the prospective client of the types of brokerage relationships available through the broker; (2) Advise such prospective client of any other brokerage relationships held by such broker which would conflict with any interests of the prospective client actually known to the broker; and (3) Advise such prospective client as to the broker's compensation and whether the broker will share such compensation with other brokers who may represent other parties to the transaction. (b) An offer of cooperation with another broker or to compensate another broker shall not be made to other brokers without timely disclosure to the party engaging the broker. 10-6A-11. The payment or promise of payment of compensation to a broker does not determine whether a brokerage engagement relationship has been created between any broker and a seller, landlord, buyer or tenant. 10-6A-12. (a) A broker may act as a dual agent only with the written consent of all clients. Such written consent shall be presumed to have been given and to be informed as

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against any client who signs a writing or writings which contains the following: (1) A description of the transactions or types of transactions in which the broker will serve as a dual agent; (2) A statement that, in serving as a dual agent, the broker represents two clients whose interests are or at times could be different or even adverse; (3) A statement that a dual agent may not disclose to any client information made confidential by request or instructions from another client, except information allowed to be disclosed by this Code section or required to be disclosed by this Code section or required to be disclosed by this chapter; (4) A statement that the broker or the broker's affiliated licensees have no material relationship with either client other than that incidental to the transactions, or if the broker or the broker's affiliated licensees have such a relationship, a disclosure of the nature of such a relationship. For the purposes of this Code section, a material relationship shall mean any actually known personal, familial, or business relationship between the broker or the broker's affiliated licensees and a client which would impair the ability of the broker or affiliated licensees to exercise fair and independent judgment relative to another client; (5) A statement that the client does not have to consent to the dual agency; and (6) A statement that the consent of the client has been given voluntarily and that the engagement has been read and understood. (b) No cause of action shall arise on behalf of any person against a dual agent for making disclosures allowed or required by this chapter and the dual agent does not terminate

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any agency by making such allowed or required disclosures. (c) A broker may assign different licensees affiliated with the broker to represent exclusively different clients in the same transaction. The licensees may not disclose, except to the licensee's broker, information made confidential by request or instructions of the client the licensee is representing, except information allowed to be disclosed by this Code section or required to be disclosed by this chapter. (d) In the case of dual agency, each client and broker and their respective licensees possess only actual knowledge and information. There shall be no imputation of knowledge or information among or between the clients, brokers, or their affiliated licensees. (e) In any transactions, a broker may without liability withdraw from representing a client who has not consented to a disclosed dual agency at any time prior to the existence of the dual agency. Such withdrawal shall not prejudice the ability of the broker to continue to represent the other client in the transaction, nor limit the broker from representing the client in other transactions not involving a dual agency. When such withdrawal as contemplated in this subsection occurs, the broker shall not receive a referral fee for referring a client to a broker employed by a different real estate brokerage firm. (f) Every broker shall develop and enforce an office brokerage relationship policy among affiliated licensees which either specifically permits or rejects the practice of disclosed dual agency, which office brokerage relationship policy shall be disclosed pursuant to Code Section 10-6A-10 and paragraph (1) of subsection (a) of this Code section. 10-6A-13. Except as may be provided in a written agreement between the parties, a broker shall not be deemed to have an agency relationship with a common source information company. No broker shall be deemed to be a subagent of any client of another broker solely by reason of membership or other affiliation by such brokers in a common

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source information company, including but not limited to multiple listing services. 10-6A-14. Nothing contained in this chapter shall limit the Georgia Real Estate Commission in its regulation of brokers and the broker's affiliated licensees pursuant to Chapter 40 of Title 43 and the substantive rules and regulations adopted by the commission pursuant thereto. Section 2. Code Section 43-40-25 of the Official Code of Georgia Annotated relating to violations by real estate broker licensees, schools, and instructors, is amended by striking paragraphs (6), (22), (29), and (30) of subsection (a) in their entirety and inserting in their respective places the following: (6) Accepting, giving, or charging any undisclosed commission, rebate, or direct profit on expenditures made for a principal or any undisclosed commission, rebate, or direct profit for procuring a loan or insurance or for conducting a property inspection related to a real estate transaction; (22) Acting for more than one party in a transaction without the express written consent of all parties to the transaction; (29) Conducting the closing of any real estate transaction by any licensee except a broker unless the licensee acts under the supervision of the broker under whom such licensee is licensed or under the supervision of a practicing attorney with the knowledge and consent of the broker; (30) Failing to obtain the written agreement of the parties indicating to whom the broker shall pay any interest earned on trust funds deposited into an interest-bearing checking account prior to depositing those funds into such account; or (31) Failing to disclose in a timely manner to all parties in a real estate transaction any agency relationship that the licensee may have with any of the parties.

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Section 3. This Act shall become effective on January 1, 1994. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1993. GAME AND FISH CONSERVATION RANGER; 25 YEARS OF SERVICE; RETAINAGE OF WEAPON AND BADGE; BEARS CONSTITUTING A THREAT. Code Sections 27-1-16 and 27-3-21 Amended. No. 315 (Senate Bill No. 306). AN ACT To amend Chapter 1 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions concerning game and fish, so as to provide that after a conservation ranger has accumulated 25 years of service with the Department of Natural Resources as a peace officer and upon leaving such department under honorable conditions, such conservation ranger shall be entitled as part of his compensation to retain his weapon and badge pursuant to regulations promulgated by the commissioner of natural resources; to amend Part 1 of Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to hunting wildlife, so as to provide that under certain circumstances property owners shall be allowed to petition the Department of Natural Resources to remove a bear constituting a threat to property; to provide for the form of such petition; to provide for the responsibilities and duties of the department relative to such petition; 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 1 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions concerning game and fish, is amended by striking in its entirety Code Section 27-1-16, relating to the establishment of a unit of conservation rangers within the Department of Natural Resources, and inserting in lieu thereof a new Code Section 27-1-16 to read as follows: 27-1-16. (a) Within the department is established a unit of peace officers to be known as conservation rangers. All such conservation rangers shall be at least 21 years of age. Such unit of peace officers shall include, but not be limited to, the commissioner and other supervisory personnel; provided, however, that the commissioner and the director of the division to which peace officer functions are assigned shall be excluded from the classified service under the State Merit System of Personnel Administration as provided for in Chapter 22 of Title 40 unless otherwise provided by law. The commissioner shall have the power to appoint such a number of conservation rangers of the state at large, as may be necessary to carry out the duties assigned to them, who shall be charged with the law enforcement responsibilities pertaining to the department. (b) After a conservation ranger has accumulated 25 years of service with the department as a peace officer and upon leaving such department under honorable conditions, such conservation ranger shall be entitled as part of his compensation to retain his weapon and badge pursuant to regulations promulgated by the commissioner. Section 2. Part 1 of Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to hunting wildlife, is amended by striking in its entirety Code Section 27-3-21, relating to the killing of bears by owners of beehives, and inserting in lieu thereof the following: 27-3-21. Any property owner or his or her agent shall have the right to petition the department to remove any bear which shall constitute a clear and immediate threat to his or her property. The property owner shall petition the department

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for such removal on a form containing such information as may be necessary for the proper evaluation and consideration of the application. Removal shall occur only in cases where the department has determined that the removal of the bear is justified. Representatives of the department are authorized to investigate claims of damage and the necessity of removal of the bear prior to taking action on the petition. 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 5, 1993. LOCAL GOVERNMENT COUNTIES AND MUNICIPAL CORPORATIONS; CONSOLIDATION APPROVAL; REFERENDUM. Code Section 36-60-16 Enacted. No. 316 (House Bill No. 2). AN ACT To amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to provide that no municipal and county consolidation shall become effective unless such consolidation is separately approved by a majority of the qualified voters voting in a referendum thereon in each affected county or counties and in each affected municipality or municipalities located within such county or counties containing at least 10 percent of the population of the county participating in the consolidation; to provide that no municipal and county consolidation approved pursuant to this Act shall affect any municipality

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located within a county containing less than 10 percent of the population of such county unless such consolidation is separately approved by a majority of the qualified voters voting in a referendum thereon in such municipality; to provide for the conduct of referendums; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, is amended by adding following Code Section 36-60-15 a new Code Section 36-60-16 to read as follows: 36-60-16. No municipal and county consolidation shall become effective unless such consolidation is separately approved by a majority of the qualified voters voting in a referendum thereon in each affected county or counties and in each affected municipality or municipalities located within such county or counties containing at least 10 percent of the population of the county participating in the consolidation. No municipal and county consolidation approved pursuant to this Code section shall include within the consolidated government any municipality located within a county containing less than 10 percent of the population of such county unless such consolidation is separately approved by a majority of the qualified voters voting in a referendum thereon in such municipality. Referendums held pursuant to this Code section shall be conducted in accordance with the provisions and requirements of Title 21. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1993.

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CONSERVATION AND NATURAL RESOURCES HIGH FALLS LAKE; BOAT DOCKS; PERMITS; STATE PROPERTIES COMMISSION; LICENSES. Code Section 12-3-34 Enacted. Code Section 50-16-42 Amended. No. 317 (House Bill No. 195). AN ACT To amend Article 2 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to state parks and recreational areas generally, so as to authorize the Department of Natural Resources to issue permits for the construction, maintenance, and use of boat docks on High Falls Lake which is owned by the state; to provide for the terms, conditions, and fees for such permits; to prohibit construction or maintenance of a boat dock without a permit; to provide for the removal of docks; to provide for standards; to provide for powers and duties of owners and the department and its officials and employees; to provide for exceptions; to provide for existing permits; to provide for rules, regulations, terms, and conditions; to provide for revocation of permits; to amend Code Section 50-16-42 of the Official Code of Georgia Annotated, relating to the authority of the State Properties Commission to grant revocable license agreements without competitive bidding, so as to provide for exceptions to such Code section for construction of boat docks at High Falls Lake; to provide for other matters relative to the foregoing; to provide for a statement of purpose and intent; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 2 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to state parks and recreational areas generally, is amended by adding at the end thereof a new Code Section 12-3-34 to read as follows: 12-3-34. (a) The Department of Natural Resources is authorized to issue revocable permits for the construction,

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maintenance, and use of boat docks on High Falls Lake by the owners or lessees of private property abutting the highwater mark of such lake. Such permits shall constitute limited revocable licenses. Such permits shall be issued for periods of three years from the date of issuance and shall be transferable. The fee for such permit for each three-year period shall be fixed by rule or regulation of the Board of Natural Resources in a reasonable amount not to exceed $50.00. The fees collected for such permits shall be miscellaneous funds for purposes of use by the Department of Natural Resources pursuant to Code Section 12-3-2. (b) No person shall construct or maintain a boat dock below the high-water mark of High Falls Lake without a valid permit from the Department of Natural Resources. It shall be the duty of the owner of any dock on High Falls Lake to keep such dock in good repair. All such docks shall conform to standards for construction, design, maintenance, and repair specified in rules and regulations of the department and restrictions or conditions in the permit. It shall be the duty of the owner of such dock to remove any dock which is not in compliance with such rules and regulations or permit. (c) It shall be the duty of the owner of any dock or the holder of any permit issued under this Code section to notify the department when he or she sells or otherwise transfers the property for which the boat dock is permitted. (d) The department and any official or employee thereof is authorized to inspect any boat dock on High Falls Lake and to remove or cause to be removed any such dock for which a permit is not in effect or which violates the standards for construction, design, maintenance, and repair or the permit conditions imposed by the department. (e) This Code section shall not affect the validity of any permit in effect on March 1, 1993, and the owners of docks for which such permits are in effect on March 1, 1993, may maintain such docks and enjoy the use thereof for the remainder of the period for which such permits were issued, subject to the terms and conditions thereof.

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(f) The Board of Natural Resources is authorized to adopt rules and regulations necessary or convenient to carry out this Code section and is authorized to impose reasonable terms and conditions on the granting of permits and the construction of boat docks on High Falls Lake by the owners or lessees of private property abutting the high-water mark of such lake. (g) Any permit may be revoked by the department for any violation of this Code section, any rule or regulation of the Board of Natural Resources, or any condition contained in such permit. Section 2. Code Section 50-16-42 of the Official Code of Georgia Annotated, relating to the authority of the State Properties Commission to grant revocable license agreements without competitive bidding, is amended by adding at the end of said Code section a new subsection (d) to read as follows: (d) This Code section shall not apply to the issuance or renewal of revocable licenses or permits for the construction and maintenance of boat docks on High Falls Lake. Such revocable licenses or permits shall be issued by the Department of Natural Resources pursuant to Code Section 12-3-34. Section 3. Under the provisions of law in effect on January 1, 1993, and contained in Code Section 50-16-42, any owner or lessee of property abutting the high-water mark of a state owned lake at a state park who wishes to build a boat dock on such lake must obtain a revocable license from the state at a cost of not less than $650.00. It is the purpose of this Act to provide a different method of allowing the construction of boat docks on High Falls Lake at a more reasonable cost to adjoining property owners and to provide a source of funds to operate the High Falls Lake docks permitting program. Section 4. Section 1 of this Act shall become effective on the approval of this Act by the Governor for the purpose of the adoption of rules and regulations by the Board of Natural Resources and for the purpose of allowing the Department of Natural Resources and its personnel to notify property owners

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or lessees of the requirements of Section 1 and perform such other duties in preparation for the enforcement of Section 1 as may be necessary. Section 1 of this Act shall become effective for all purposes on July 1, 1993. The remaining sections of this Act shall become effective on July 1, 1993. Section 5. All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1993. GEORGIA COMPREHENSIVE SOLID WASTE MANAGEMENT ACT VERTICAL EXPANSION OF SOLID WASTE FACILITIES; SCRAP TIRES; YARD TRIMMINGS; RESTRICTION ON DISPOSAL. Code Title 12, Chapter 8, Article 2, Part 1 Amended. No. 318 (House Bill No. 257). AN ACT To amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, the Georgia Comprehensive Solid Waste Management Act, so as to provide a statement of legislative intent; to provide an exemption for municipal solid waste received at certain waste to energy facilities from the state-wide goal of a 25 percent reduction in solid waste and from certain reporting and planning requirements associated therewith; to define a certain term; to provide standards for major modifications to solid waste facilities; to prohibit the vertical expansion of certain solid waste facilities unless the owner or operator of such facilities meets certain requirements; to provide a maximum duration for modification of such vertical expansions; to provide consequences for failure to meet certain standards; to provide further requirements for the issuance of a permit for a solid waste facility or for a major modification of any such permit; to provide that each comprehensive solid waste management plan shall conform to procedures developed and promulgated

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by the Department of Community Affairs; to provide for the collection of certain fees; to change certain provisions relating to the disposal of scrap tires; to provide for the collection of the scrap tire fee at the distributor level; to impose certain restrictions on the disposal of yard trimmings; to provide for certain restrictions on yard trimmings; to provide for matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, the Georgia Comprehensive Solid Waste Management Act, is amended in Code Section 12-8-21, relating to policy and legislative intent, by striking subsection (c) in its entirety and substituting in lieu thereof a new subsection to read as follows: (c) It is the intent of the General Assembly that every effort be undertaken to reduce on a state-wide per capita basis the amount of municipal solid waste being received at disposal facilities during fiscal year 1992 by 25 percent by July 1, 1996; provided, however, that counties and municipalities that establish an annual measurement of municipal solid waste being received at disposal facilities prior to the end of fiscal year 1992 shall be given credit for reductions achieved based on that measurement period prior to fiscal year 1992; provided, further, that municipal solid waste received at any waste to energy facility which was in operation on January 1, 1991, is exempted from this subsection. Section 2. Said part is further amended by inserting at the end of said Code Section 12-8-21 the following: (g) It is further the intent of the General Assembly to provide a frame of reference for the state and all counties, municipal corporations, and solid waste management authorities in the state relating to the handling of yard trimmings. The productivity of the soils of Georgia requires that nature's way of recycling vegetative matter be respected and followed and that such essential building materials are no

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longer wasted by being buried in landfills but are returned to the soil. The General Assembly, therefore, adopts and recommends the following hierarchy for handling yard trimmings: (1) Naturalized, low-maintenance landscaping requiring little or no cutting; (2) Grass cycling by mowing it high and letting it lie; (3) Stacking branches into brush piles for use as wildlife habitats and for gradual decomposition into the soil; (4) Composting on the site where the material was grown, followed by incorporation of the finished compost into the soil at that site; (5) Chipping woody material on the site where such material was generated; (6) Collecting yard trimmings and transporting them to another site to be chipped or composted for later use; and (7) Chipping woody material for later use as fiber fuel. Section 3. Said part is further amended by inserting immediately following paragraphs (17) and (27.1) of Code Section 12-8-22, relating to definitions relative to solid waste management, respectively, the following: (17.1) `Multijurisdictional solid waste management plan' means a comprehensive solid waste plan adopted pursuant to Code Section 12-8-31.1 covering two or more jurisdictions. (27.2) `Regional solid waste management plan' means a comprehensive solid waste plan adopted pursuant to Code Section 12-8-31.1 covering two or more counties and may include

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one or more municipal corporations within those counties. Section 4. Said part is further amended by striking in their entirety paragraphs (32) and (42) of said Code Section 12-8-22 and inserting in lieu thereof the following: (32) `Scrap tire carrier' means any person engaged in picking up or transporting scrap tires for the purpose of removal to a scrap tire processor, end user, or disposal facility. (42) `Yard trimmings' means leaves, brush, grass clippings, shrub and tree prunings, discarded Christmas trees, nursery and greenhouse vegetative residuals, and vegetative matter resulting from landscaping development and maintenance other than mining, agricultural, and silvicultural operations. Section 5. Said part is further amended by striking in its entirety paragraph (3) of subsection (e) of Code Section 12-8-24, relating to permits for solid or special solid waste handling, disposal, or thermal treatment technology facility, which reads as follows: (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 a facility having less than 24 months of remaining capacity on July 1, 1991, shall be allowed no longer than 24 months from the date of issuance of the vertical expansion permit 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 no vertical expansion under this subsection shall be allowed beyond July 1, 1995, unless such vertical expansion can meet the siting and design standards applicable to new permit applications. Any operation of a vertical expansion during this time period shall be

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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., and inserting in lieu thereof the following: (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 a facility may be granted a variance by the director from those standards when vertically expanded unless such variance is inconsistent with federal laws and regulations; provided, further, that the director shall not grant a variance from the provisions of subparagraph (B), (C), (D), or (E) of paragraph (4) of this subsection. (4) No vertical expansions shall be approved under this subsection unless: (A) The owner or operator demonstrates compliance with all standards not varied by the director; (B) The owner or operator has installed a surface and ground-water monitoring system approved by the division under currently promulgated rules and has submitted the initial sampling results to the division; (C) The owner or operator has implemented or installed a methane gas monitoring program or system approved by the division under currently promulgated rules and has submitted the initial sampling results to the division;

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(D) The owner or operator has a closure and postclosure care plan approved by the division under currently promulgated rules; and (E) Where noncompliance with the standards for surface water, ground water, or methane gas has been determined, the owner or operator has a schedule and corrective action plan approved by the division for returning the site to compliance within six months of the director's approval of the corrective action plan. If the owner or operator cannot demonstrate that the site can be returned to compliance within said six-month period, the director shall not issue a permit to expand the site vertically but shall order the facility to prepare a final closure plan, including the cessation of waste receipt within six months of the final effective date of the order. (5) Modifications for vertical expansions issued under this Code section may be restricted in duration, but in no case shall be effective beyond July 1, 1998, for land fills not having liners and leachate collection systems. (6) The owner or operator of any site not having a liner and leachate collection system which is vertically expanded and which subsequently fails to demonstrate compliance with all applicable surface water, ground-water, or methane gas standards shall demonstrate to the satisfaction of the director, through a corrective action plan, that the site has been or can be returned to compliance within six months of the director's approval of the corrective action plan. If the owner or operator fails to demonstrate to the satisfaction of the director that compliance has been attained or can be attained, the director shall notify the owner or operator, ordering cessation of the acceptance of waste for disposal, remediation of noncompliance, and implementation of the final closure plan, to include a final date for closure. Section 6. Said part is further amended by striking in its entirety subsection (g) of said Code section and inserting in lieu thereof the following:

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(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, multijurisdictional, 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 all jurisdictions generating solid waste destined for the applicants' facility can demonstrate that they are part of an approved solid waste plan developed in accordance with standards promulgated pursuant to this part and are actively involved in and have a strategy for meeting the state-wide goal of waste reduction by July 1, 1996. 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 that will handle solid waste from jurisdictions outside Georgia, the out-of-state solid waste generating jurisdictions shall provide documentation that they have a strategy for and are actively involved in meeting planning requirements and a waste reduction goal that are substantially equivalent to the planning requirements and waste reduction goal contained in this part. Section 7. Said part is further amended by striking in its entirety Code Section 12-8-27, relating to standards for handling special solid waste, which reads as follows: 12-8-27. (a) Owners and operators of solid waste handling facilities which receive waste defined as `special solid waste' in paragraph (37) of Code Section 12-8-22 shall, in addition to other applicable provisions of this part pertaining to management of solid waste, meet the following standards with respect to the facilities: (1) (A) No special solid waste handling facility shall be operated or maintained by any person unless adequate financial responsibility, by bonding or other methods established by the board, has been demonstrated

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to the director to ensure the satisfactory maintenance, operation, closure, and postclosure care of the facility and any corrective action which may be required as a condition of a permit or order of the director. (B) Postclosure care of a landfill facility by the owner or operator thereof must continue for a period of 30 years after the date of completing closure; (2) The director may condition the issuance of all permits upon such terms and requirements as he, in his discretion, determines to be necessary to enable the division to carry out its responsibilities under this part, including consideration of such factors as the type of waste, sources of waste, degree of difficulty and expense in inspecting and verification at the point of generation, and the need for supervision of the storage, treatment, and disposal; and (3) Owners and operators of solid waste handling facilities receiving special solid waste must develop and implement a waste analysis plan capable of identifying representative samples of all waste received by the facility in accordance with rules and regulations adopted by the board. (b) No special solid waste shall be transported across, within, or through Georgia unless it is accompanied by a manifest properly issued, completed, and filled out in accordance with the rules and regulations promulgated by the board. The manifest shall accompany all special solid waste from the first person handling the waste after generation through all other handling, storage, treatment, and disposal. Any person who transports or receives for disposal any special solid waste in Georgia which is not properly manifested in accordance with the rules and regulations of the board shall be in violation of this part and shall be subject to all penalties available under this part. (c) All owners and operators of facilities treating, storing, or disposing of special solid waste generated outside of

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Georgia's boundaries shall pay into the solid waste trust fund established in accordance with Code Section 12-8-27.1 a fee of $10.00 per ton. Such fees shall be paid into the solid waste trust fund on a monthly basis in a manner to be prescribed by the director. (d) The director and his designees are authorized and shall be allowed to inspect in any state the generators, collectors, processors, transporters, and disposers of special solid waste and take appropriate samples. Any generator, collector, processor, transporter, or disposer which handles special solid waste and which obstructs, limits, or prohibits the director or his designee from adequately inspecting such facilities, sources, or handlers or prohibits the proper sampling of such special solid waste as may be generated shall be immediately prohibited from further using any facility in Georgia for the treatment, storage, or disposal of such waste. Such prohibition shall continue for a period of 20 years from the date of notification by the director. (e) If any state or local law, ordinance, or regulation in any state prevents the director or his designees from carrying out the responsibilities as required by subsection (d) of this Code section, then special solid waste from generators in that state or local government shall be immediately prohibited from coming into Georgia. Such prohibition shall continue until such time as the state or local law, ordinance, or regulation is changed appropriately. (f) After July 1, 1992, the owner or operator of a facility proposing to handle special solid waste shall provide certification that the jurisdiction generating the special solid waste to be handled has a strategy for and is actively involved in meeting planning requirements and a waste reduction goal that are equivalent to the planning requirements and the waste reduction goal of this part., and inserting in lieu thereof the following: 12-8-27. Reserved.

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Section 8. Said part is further amended by striking in its entirety Code Section 12-8-31.1, relating to local and regional solid waste plans, and inserting in lieu thereof the following: 12-8-31.1. (a) Each city and county in Georgia shall develop or be included in a comprehensive solid waste management plan not later than July 1, 1993. Said plan may be developed independently as a local plan or jointly with other jurisdictions as a multijurisdictional or regional solid waste plan and shall conform to the plan development procedures developed and promulgated by the Department of Community Affairs under the provisions of Chapter 13 of Title 50. (b) The local, multijurisdictional, or regional solid waste plan shall, at a minimum, provide for the assurance of adequate solid waste handling capability and capacity within the planning area for at least ten years from the date of completion of the plan which shall specifically include an adequate collection and disposal capability; shall enumerate the solid waste handling facilities as to size and type; and shall identify those sites which are not suitable for solid waste handling facilities based on environmental and land use factors. (c) The review process for local, multijurisdictional, and regional solid waste management plans shall be in such form as developed and promulgated by the Department of Community Affairs under the provisions of Chapter 13 of Title 50. The regional development center for each geographical location in which a local, multijurisdictional, or regional plan applies shall confirm that the local, multijurisdictional, or regional plan is consistent with the state solid waste management plan. (d) Effective January 1, 1992, each city and county shall report annually to the Department of Community Affairs on the status of solid waste management in the jurisdiction. Such reports may be individual or collective in nature or, in lieu of local reports, a regional report may be filed by any of the several regional development centers for political jurisdictions within their region. The annual report shall include but not be limited to:

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(1) The amount of solid waste collected, processed, and disposed of in the area; (2) The progress on the reduction in solid waste, as evidenced by the solid waste received at disposal facilities, which are not exempt from subsection (c) of Code Section 12-8-21, in the planning area since the previous reporting period and total cumulative progress made toward meeting the 25 percent reduction goal; (3) The remaining permitted capacity of disposal facilities; (4) Recycling and composting activities in existence; (5) Public information and education activities during the reporting period; and (6) Any other pertinent information as may be required. (e) After July 1, 1992, no permit, grant, or loan shall be issued for any municipal solid waste disposal facility or any solid waste handling equipment or recycling equipment used in conjunction therewith in a county or region which is not consistent with a local, multijurisdictional, or regional solid waste management plan. Each application for a permit, grant, or loan issued after July 1, 1992, shall include the following: (1) Certification that the facility for which a permit is sought complies with local land use and zoning requirements, if any; (2) Verification that the facility for which a permit is sought meets the ten-year capacity needs identified in the local, multijurisdictional, or regional solid waste management plan; and (3) Demonstration that the host jurisdiction and all jurisdictions generating solid waste destined for the applicant's facility are part of an approved solid waste management

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plan developed in accordance with standards promulgated pursuant to this part, and are actively involved in, and have a strategy for, meeting the state-wide goal for reduction of solid waste disposal by July 1, 1996. (f) This Code section shall not apply to: (1) Any solid waste disposal facility which is operated exclusively by a private solid waste generator on property owned by the private solid waste generator for the purpose of accepting solid waste exclusively from the private solid waste generator so long as the operation of the solid waste disposal facility does not adversely affect the public health or the environment. After commencement of operation by a private solid waste generator of a solid waste disposal facility which is permitted but not included in a local or regional solid waste management plan, an amendment into a local or regional solid waste management plan shall be required for any solid waste which is to be no longer disposed of by the private solid waste generator in its own solid waste disposal facility prior to any substantial reduction in the amount of solid waste accepted by the solid waste disposal facility or its closure; or (2) Effective September 1, 1994, any privately owned solid waste handling facility seeking a permit or major modification of an existing permit where the host local governing authority has failed either to submit or make a good faith effort, as determined by the Department of Community Affairs, to submit a local solid waste management plan or to be included in a multijurisdictional or regional solid waste management plan; provided, however, that the permit applicant continues to be obligated to demonstrate that all generating jurisdictions from which waste will be received are part of an approved solid waste management plan developed in accordance with standards promulgated pursuant to this part and have a strategy to meet and are actively engaged in meeting the state-wide goal of reducing waste by 25 percent by July 1, 1996.

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(g) Effective July 1, 1991, it shall be the responsibility of the owner or operator of each municipal solid waste disposal facility to keep an accurate written record of all amounts of solid waste measured in tons received at the facility. Measurement in tons of solid waste received shall be accomplished by one or more of the following methods: (1) The provision of stationary or portable scales at the disposal facility for weighing incoming waste; (2) Implementation of contractual or other arrangements for the use of scales at a location other than the disposal facility for weighing all waste destined for disposal at the facility; or (3) Implementation of contractual or other arrangements for the use of scales at a location other than the disposal facility to weigh representative samples of the solid waste received at the disposal facility on a basis which is sufficiently frequent to estimate accurately the amount of solid waste received at the disposal facility. Section 9. Said part is further amended by striking Code Section 12-8-39.1, relating to reduction of municipal solid waste, in its entirety and substituting in lieu thereof a new Code section to read as follows: 12-8-39.1. Effective July 1, 1992, each city or county as a part of its solid waste management plan shall have in effect a program to reduce on a per capita basis the amount of municipal solid waste, as evidenced by the solid waste received at disposal facilities, which are not exempt from subsection (c) of Code Section 12-8-21, within its jurisdiction consistent with the goal established in subsection (c) of Code Section 12-8-21. Section 10. Said part is further amended by striking in its entirety Code Section 12-8-39.3, relating to to the authorization to collect certain taxes, fees, and assessments, and inserting in lieu thereof the following:

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12-8-39.3. (a) Any city, county, or authority which operates a solid waste handling facility or provides solid waste collection services or both and which levies and collects taxes, fees, or assessments to accomplish the purposes of this part shall be further authorized to enforce by ordinance or resolution the collection of taxes, fees, or assessments due a city, county, or authority in the same manner as authorized by law for the enforcement of the collection and payment of state taxes, fees, or assessments. Any such ordinance or resolution enacted by a county governing authority with concurrence of the tax commissioner or tax collector of such county may provide that said officer be the officer charged with the enforcement of its provisions. (b) The provisions of this Code section shall apply to any taxes, fees, or assessments due a county, city, or authority under any ordinance or resolution in effect on July 1, 1992, or adopted thereafter. Section 11. Said part is further amended by striking in its entirety subsection (b) of Code Section 12-8-40.1, relating to tire disposal restrictions, and inserting in lieu thereof the following: (b) After December 31, 1994, no person may dispose of scrap tires in a solid waste landfill unless the scrap tires are shredded, chopped, or chipped in accordance with standards established by the board and: (1) The director finds that the reuse or recycling of scrap tires is not economically feasible; or (2) The scrap tires are received from a municipal solid waste collector holding a valid solid waste collection permit under authority of this part and who transports fewer than ten scrap tires at any one time; or (3) The scrap tires are received from a person transporting fewer than five scrap tires in combination with the person's own solid waste for disposal.

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Section 12. Said part is further amended by striking in their entireties paragraphs (2) and (3) of subsection (d) of said Code section and inserting in lieu thereof the following: (2) A private individual transporting the individual's own scrap tires to a scrap tire processor or end user or for proper disposal; (3) A company transporting the company's own scrap tires to a scrap tire processor or end user or for proper disposal; and Section 13. Said part is further amended by striking in its entirety subsection (g) of said Code section and inserting in lieu thereof the following: (g) Subsection (f) of this Code section shall not apply to: (1) A solid waste disposal site permitted by the division if the permit authorizes the storage of scrap tires prior to their disposal; (2) A tire retailer with not more than 3,000 scrap tires in storage; (3) A tire retreader with not more than 1,500 scrap tires in storage so long as the scrap tires are of the type the retreader is actively retreading; (4) An auto salvage yard with not more than 500 scrap tires in storage; and (5) A scrap tire processor approved by the division so long as the number of scrap tires in storage do not exceed the quantity approved by the division. Section 14. Said part is further amended by striking in its entirety subsection (h) of said Code section and inserting in lieu thereof the following:

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(h) (1) Beginning July 1, 1992, a fee is imposed upon the retail sale of all new replacement tires in this state of $1.00 per tire sold. The fee shall be collected by retail dealers at the time the retail dealer sells a new replacement tire to the ultimate consumer; provided, however, that a Georgia tire distributor who sells tires to retail dealers must collect such fees from any retail dealer who does not have a valid scrap tire generator identification number issued by the division. The fee and any required reports shall be remitted not less than quarterly on such forms as may be prescribed by the division. The division is authorized to contract with the Department of Revenue to, and the Department of Revenue is authorized to, collect such fees on behalf of the division. All fees received shall be deposited into the state treasury to the account of the general fund in accordance with the provisions of Code Section 45-12-92. All moneys deposited into the solid waste trust fund shall be deemed expended and contractually obligated and shall not lapse to the general fund. (2) In collecting, reporting, and paying the fees due under this subsection, each distributor or retailer shall be allowed the following deductions, but only if the amount due was not delinquent at the time of payment: (A) A deduction of 3 percent of the first $3,000.00 of the total amount of all fees reported due on such report; and (B) A deduction of of 1 percent of that portion exceeding $3,000.00 of the total amount of all fees reported due on such report. (3) The tire fees authorized in this subsection shall cease to be collected on June 30, 2000. Section 15. Said part is further amended by striking in its entirety Code Section 12-8-40.2, relating to restrictions on the disposal of yard trimmings, and inserting in lieu thereof the following:

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12-8-40.2. (a) Effective September 1, 1996, each city, county, or solid waste management authority shall impose restrictions on yard trimmings which are generated in or may ultimately be disposed of in its area of jurisdiction. These restrictions shall include but are not limited to: (1) A requirement that yard trimmings not be placed in or mixed with municipal solid waste; (2) A ban on the disposal of yard trimmings at municipal solid waste disposal facilities having liners and leachate collection systems or requiring vertical expansion within its jurisdiction; (3) A requirement that yard trimmings be sorted and stored for collection in such a manner as to facilitate collection, composting, or other handling; and (4) A requirement that yard trimmings be sorted and stockpiled or chipped, composted, used as mulch, or otherwise beneficially reused or recycled to the maximum extent feasible. (b) Prior to September 1, 1996, each city, county, and solid waste authority is authorized but not required to impose restrictions on yard trimmings which are generated or may ultimately be disposed of in its area of jurisdiction. Such restrictions may include, but are not limited to, the restrictions stated in paragraphs (1) through (4) of subsection (a) of this Code section. (c) The Board of Natural Resources is authorized to develop guidelines to assist local governing authorities and others in the orderly stockpiling of yard trimmings at suitable sites, the chipping and composting of yard trimmings, and the distribution of the products resulting from such chipping and composting. Section 16. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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Section 17. All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1993. INSURANCE PURCHASED BY ADMINISTRATIVE SERVICES LIABILITY AND PROPERTY INSURANCE FOR ATTENTION AND CONTRACT HOME PARENTS. Code Section 45-9-4 Amended. No. 319 (House Bill No. 294). AN ACT To amend Code Section 45-9-4 of the Official Code of Georgia Annotated, relating to the purchase of insurance by the commissioner of administrative services, so as to authorize the purchase of liability insurance for attention and contract home parents providing services through the Department of Children and Youth Services as well as to purchase insurance against property damage to their homes by youth living therein; 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 by the commissioner of administrative services, is amended by adding at the end thereof a new subsection (f) to read as follows: (f) The commissioner of administrative services is authorized in his or her discretion either to purchase commercial insurance coverage or to self-insure under an existing self-insurance trust fund all attention and contract homeparents and those youth participating in programs sponsored by the Department of Children and Youth Services or in the care and custody of the Department of Children

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and Youth Services upon a request from the commissioner of children and youth services. The commissioner of administrative services shall establish appropriate premiums and limits applicable to such requested insurance coverage. The Department of Children and Youth Services is authorized to pay the premiums for such insurance from available appropriated funds or other available sources of funds. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1993. COUNTY CORRECTIONAL INSTITUTIONS DEPUTY WARDENS; APPOINTMENT BY COUNTY GOVERNING AUTHORITY. Code Section 42-5-30 Amended. No. 320 (House Bill No. 353). AN ACT To amend Article 2 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to wardens, superintendents, and other personnel of correctional institutions of the state and counties, so as to provide that deputy wardens of the various county correctional institutions shall be appointed by the governing authority of the county, subject to the approval of the Board of Corrections, and shall serve at the pleasure of the county or the board; 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 42 of the Official Code of Georgia Annotated, relating to wardens, superintendents, and other personnel of correctional institutions of the

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state and counties, is amended by striking in its entirety Code Section 42-5-30, relating to qualifications for wardens, superintendents, and other personnel, and inserting in lieu thereof a new Code Section 42-5-30 to read as follows: 42-5-30. The board shall by rule and regulation define the qualifications for wardens, superintendents, and other personnel employed in the state and county correctional institutions. The board shall by rule and regulation specify appropriate titles of personnel so employed, but no such personnel shall be known as or designated by the board as `guards' or `prison guards.' The wardens and deputy wardens of the various county correctional institutions shall be appointed by the governing authority of the county, subject to approval of the board, and shall serve at the pleasure of the county or the board. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1993. PSYCHOLOGISTS' LICENSES EXEMPTION FOR EMPLOYEES OF STATE OR LOCAL GOVERNMENT PRACTICING AT CERTAIN STATE FACILITIES FOR PERSONS WITH MENTAL RETARDATION. Code Section 43-39-7 Amended. No. 321 (House Bill No. 400). AN ACT To amend Code Section 43-39-7 of the Official Code of Georgia Annotated, relating to practicing psychology without a license, so as to provide that persons practicing psychology in certain positions shall not be required to possess a valid license; 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 43-39-7 of the Official Code of Georgia Annotated, relating to practicing psychology without a license, is amended by striking in its entirety paragraph (3) and inserting in lieu thereof the following: (3) Nothing in this chapter shall require licensure for a person who prior to July 1, 1996, was engaged in the practice of psychology as an employee of any agency or department of the state government or any of its political subdivisions, but only when that person is engaged in that practice at a state intermediate care or skilled care facility for persons with mental retardation as an employee of such department or agency; and Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1993. HIGHWAYS, BRIDGES, AND FERRIES INTERSTATE RAIL PASSENGER NETWORK COMPACT; ENACTED. Code Title 32, Chapter 11 Enacted. No. 322 (House Bill No. 966). AN ACT To amend Title 32 of the Official Code of Georgia Annotated, relating to highways, so as to enact the Interstate Rail Passenger Network Compact; to provide for policy and intent; to provide for a joint rail passenger network financial and economic impact study; to provide for creation of the interstate rail passenger advisory council; to provide for membership, powers, and duties; to provide for construction; to provide for severability; 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. Title 32 of the Official Code of Georgia Annotated, relating to highways, is amended by adding a new Chapter 11 to read as follows: CHAPTER 11 32-11-1. The interstate rail passenger network compact is ratified, enacted, and entered into by the State of Georgia with all other states joining the compact in the form substantially as this chapter. 32-11-2. It is the policy of the states party to this compact to cooperate and share the administrative and financial responsibilities concerning the planning of an interstate rail passenger network system connecting major cities in Illinois, Indiana, Kentucky, Tennessee, Georgia, and Florida. The participating states agree that a rail passenger system would provide a beneficial service and would be enhanced if operated across state lines. 32-11-3. (a) The states of Illinois, Indiana, Kentucky, Tennessee, Georgia, and Florida (referred to in this chapter as `participating states') agree, upon adoption of this compact by the respective states, to jointly conduct and participate in a rail passenger network financial and economic impact study. The study must do the following: (1) Carry forward research previously performed by the national railroad passenger corporation (Amtrak) (report issued December 1990) for purposes of evaluating a representative service schedule, train running times, and associated costs. (2) Include consideration of the following:

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(A) The purchase of railroad equipment by a participating state and the lease of the railroad equipment to Amtrak. (B) The recommendation that a member of the council serve on the Amtrak board of directors. (C) The periodic review of projected passenger traffic estimates. (D) Any other matter related to the financial and economic impact of a rail passenger network between the cities of Chicago, Illinois, and Jacksonville, Florida. (b) Information and data collected during the study under subsection (a) of this Code section that is requested by a participating state or a consulting firm representing a participating state or the compact may be made available to the state or firm. However, the information may not include matters not of public record or of a nature considered to be privileged and confidential unless the state providing the information agrees to waive the confidentiality. 32-11-4. The participating states agree to do the following: (1) Make available to each other and to a consulting firm representing a participating state or the compact assistance that is available, including personnel, equipment, office space, machinery, computers, engineering, and technical advice and services. (2) Provide financial assistance for the implementation of the feasibility study that is available. 32-11-5. The interstate rail passenger advisory council (referred to in this compact as the `council') is created. The membership of the council consists of three individuals from each participating state. The Governor, President of the Senate, and Speaker of the House of Representatives shall each appoint one member of the council.

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32-11-6. The council shall do the following: (1) Meet within 30 days after ratification of this agreement by at least two participating states. (2) Establish rules for the conduct of the council's business, including the payment of the reasonable and necessary travel expenses of council members. (3) Coordinate all aspects of the rail passenger financial and economic impact study under Code Section 32-11-3. (4) Contract with persons, including institutions of higher education, for performance of any part of the study under Code Section 32-11-3. (5) Upon approval of the study, negotiate the proportionate share that each state will contribute toward the implementation and management of the proposed restoration of the interstate rail passenger system. (6) Make recommendations to each participating state legislature concerning the results of the study required by this chapter. 32-11-7. This compact becomes effective upon the adoption of the compact into law by at least two of the participating states. Thereafter, the compact becomes effective for another participating state upon the enactment of the compact by the state. 32-11-8. This compact continues in force with respect to a participating state and remains binding upon the state until six months after the state has given notice to each other participating state of the repeal of this chapter. The withdrawal may not be construed to relieve a participating state from an obligation incurred before the end of the state's participation in the compact. 32-11-9. (a) This compact shall be liberally construed to effectuate the compact's purposes.

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(b) The provisions of this compact are severable. If: (1) A phrase, clause, sentence, or provision of this compact is declared to be contrary to the Constitution of a participating state or of the United States; or (2) The applicability of this compact to a government, an agency, a person, or a circumstance is held invalid, the validity of the remainder of this compact and the compact's applicability to any government, agency, person, or circumstance is not affected. (c) If this compact is held contrary to the Constitution of a participating state, the compact remains in effect for the remaining participating states and in effect for the state affected for all severable matters. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1993. STATE FORESTRY COMMISSION UNPAID VOLUNTEERS; SERVICES; EXPENSES; INSURANCE COVERAGE. Code Section 12-6-5 Amended. No. 323 (Senate Bill No. 51). AN ACT To amend Code Section 12-6-5 of the Official Code of Georgia Annotated, relating to the powers and duties of the State Forestry Commission, so as to authorize the director of the

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State Forestry Commission to accept the service of unpaid volunteers for certain duties; to authorize the reimbursement of such persons for certain expenses; to provide that such persons shall not be employees of the state; to provide that such persons may be covered under certain bonds and policies of insurance or self-insurance; to limit authorization of volunteers to enter privately owned or operated property; to authorize the creation of certain programs; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 12-6-5 of the Official Code of Georgia Annotated, relating to the powers and duties of the State Forestry Commission, is amended by redesignating subsection (b) as subsection (d) and by inserting new subsections (b) and (c) as follows: (b) (1) The director is authorized to accept, without regard to the State Merit System of Personnel Administration laws, rules, or regulations, the services of individuals without compensation as volunteers for or in aid of fire tower operation, urban tree planting and inventories, seedling deliveries, insect surveys and evaluations, tours and field days, staffing exhibits, facility maintenance, beautification projects, and any other activity in and related to the objectives, powers, duties, and responsibilities of the commission. (2) The director is authorized to provide for reimbursement of volunteers for incidental expenses such as transportation, uniforms, lodging, and subsistence. The director is also authorized to provide general liability coverage and fidelity bond coverage for such volunteers while they are rendering service to or on behalf of the commission. (3) Except as otherwise provided in this Code section, a volunteer shall not be deemed to be a state employee and shall not be subject to the provisions of law relating to state employment including, without limitation,

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those relating to hours of work, rates of compensation, leave, unemployment compensation, retirement, and state employee benefits. (4) Volunteers performing work under the terms of this Code section may be authorized by the department to operate state owned vehicles. They may also be treated as employees of the state for the purposes of inclusion in any automobile liability insurance or self-insurance, general liability insurance or self-insurance, or fidelity bond coverage provided by the commission for its employees while operating state owned vehicles. (5) No volunteer shall be authorized or allowed to enter privately owned or operated lands, facilities, or properties, except for emergency fire fighting purposes, without the express prior written permission of the owner or operator of such privately owned or operated lands, facilities, or properties; provided, however, such prohibition shall not apply to lands, facilities, or properties leased to the State of Georgia. (c) The commission shall have the power and authority to create, establish, and operate a program or programs to facilitate, amplify, or supplement the objectives and functions of the commission through the use of volunteer services including, but not limited to, the recruitment, training, and use of volunteers. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1993.

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PROBATION FEES FOR PROBATION, PRETRIAL RELEASE, OR DIVERSION PROGRAMS; WAIVER; AMENDMENT; SANCTIONS FOR FAILURE TO PAY; PAYMENT INTO GENERAL FUND; APPLICABILITY. Code Section 42-8-34 Amended. No. 324 (Senate Bill No. 87). AN ACT To amend Code Section 42-8-34 of the Official Code of Georgia Annotated, relating to hearings and determinations under the State-wide Probation Act, so as to provide for probation fees in certain cases of probation or pretrial release or diversion under the supervision of the Department of Corrections; to provide for the waiver or amendment of probation fees under certain conditions; to provide that the imposition of sanctions for failure to pay probation fees shall be within the discretion of the court; to provide for the payment of fees into the general fund of the state treasury; to provide for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 42-8-34 of the Official Code of Georgia Annotated, relating to hearings and determinations under the State-wide Probation Act, is amended by striking subsection (d) in its entirety and inserting in lieu thereof a new subsection (d) to read as follows: (d) In every case that a court of this state or any other state sentences a defendant to probation or any pretrial release or diversion program under the supervision of the department, in addition to any fine or order of restitution imposed by the court, there shall be imposed a probation fee as a condition of probation, release, or diversion in the amount equivalent to $20.00 per each month under supervision. The probation fee may be waived or amended after administrative process by the department and approval of the court, or

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upon determination by the court, as to the undue hardship, inability to pay, or any other extenuating factors which prohibit collection of the fee; provided, however, that the imposition of sanctions for failure to pay fees shall be within the discretion of the court through judicial process or hearings. Probation fees shall be waived on probationers incarcerated or detained in a departmental or other confinement facility which prohibits employment for wages. All probation fees collected by the department shall be paid into the general fund of the state treasury. Section 2. This Act shall become effective July 1, 1993, and shall apply to all sentences of probation or pretrial release or diversion imposed on or after July 1, 1993. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1993. LICENSING OF PROFESSIONS AND BUSINESSES APPLICATION TO INCLUDE QUERY REGARDING LICENSE REVOCATION, SUSPENSION, DENIAL, OR NONRENEWAL. Code Section 43-1-19.2 Enacted. No. 325 (Senate Bill No. 108). AN ACT To amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions regarding the licensing of professions and businesses, so as to provide for certain application questions and for their answer under oath; 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 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions regarding the licensing of professions and businesses, is amended by adding after Code Section 43-1-19.1 a new Code section to read as follows: 43-1-19.2. Each application for a license to practice a profession or business to be issued by a state examining board or any agency of the state shall include a question as to whether the applicant for such license: (1) Has had revoked or suspended or otherwise sanctioned any license issued to the applicant by any board or agency in Georgia or any other state; or (2) Was denied issuance of or, pursuant to disciplinary proceedings, refused renewal of a license by any board or agency in Georgia or any other state. The question shall be answered under oath and the answer shall include the name of the board or agency which revoked, suspended, denied, refused renewal of, or otherwise sanctioned the license. Section 2. This Act shall become effective January 1, 1994. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1993.

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HISTORIC CHATTAHOOCHEE COMMISSION METHOD OF SELECTING MEMBERS; VOTING MEMBERS. Code Title 12, Chapter 10, Article 5 Amended. No. 326 (Senate Bill No. 191). AN ACT To amend Article 5 of Chapter 10 of Title 12 of the Official Code of Georgia Annotated, known as the Historic Chattahoochee Compact Act, so as to change the method of selection of members of the commission; to change the criteria for selecting voting members in certain circumstances; to clarify the distinctions between members and voting members; 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 10 of Title 12 of the Official Code of Georgia Annotated, known as the Historic Chattahoochee Compact Act, is amended by striking in its entirety Article III of Code Section 12-10-81, relating to the text of the compact, and inserting a new article to read as follows: Article III. The states which are parties to this compact (hereinafter referred to as `party states') do hereby establish and create a joint agency which shall be known as the Historic Chattahoochee Commission (hereinafter referred to as the `Commission'). The Commission shall consist of twenty-eight members who shall be bona fide residents and qualified voters of the party states and counties served by the Commission. Election for vacant seats will be by majority vote of the voting members of the Commission board at a regularly scheduled meeting. In Alabama, two shall be residents of Barbour County, two shall be residents of Russell County, two shall be residents of Henry County, two shall be residents

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of Chambers County, two shall be residents of Lee County, two shall be residents of Houston County, and two shall be residents of Dale County. In Georgia, one shall be a resident of Troup County, one shall be a resident of Harris County, one shall be a resident of Muscogee County, one shall be a resident of Chattahoochee County, one shall be a resident of Stewart County, one shall be a resident of Randolph County, one shall be a resident of Clay County, one shall be a resident of Quitman County, one shall be a resident of Early County, one shall be a resident of Seminole County, and one shall be a resident of Decatur County. In addition, there will be three at-large members who shall be selected from any three of the Georgia member counties listed above. The Commission at its discretion may appoint as many advisory members as it deems necessary from any Georgia or Alabama county which is located in the Chattahoochee Valley area. The contribution of each party state shall be in equal amounts. If the party states fail to appropriate equal amounts to the Commission during any given fiscal year, voting membership on the Commission Board shall be determined as follows: The state making the larger appropriation shall be entitled to full voting membership. The total number of members from the other state shall be divided into the amount of the larger appropriation and the resulting quotient shall be divided into the amount of the smaller appropriation. The then resulting quotient, rounded to the next lowest whole number, shall be the number of voting members from the state making the smaller contribution. The members of the Commission from the state making the larger contribution shall decide which of the members from the other state shall serve as voting members, based upon the level of tourism, preservation, and promotional activity, and general support of the Commission's activities by and in the county of residence of each of the members of the state making the smaller appropriation. Such determination shall be made at the next meeting of the Commission following September 30th of each year. Members of the Commission shall serve for terms of office as follows: Of the 14 Alabama members, one from each of said counties shall serve for two years and the remaining member of each county shall serve for four years. Upon the expiration of the original terms of office of Alabama members, all successor Alabama members

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shall be appointed for four-year terms of office, with seven vacancies in the Alabama membership occuring every two years. Of the 14 Georgia members, seven shall serve four-year terms and seven shall serve two-year terms for the initial term of this compact. The terms of the individual Georgia members shall be determined by their place in the alphabet by alternating the four- and two-year terms beginning with Chattahooche County four years, Clay County two years, Decatur County four years, etc. Upon the expiration of the original terms of office of Georgia members, all successor Georgia members shall be appointed for four-year terms of office, with seven vacancies in the Georgia membership occurring every two years. Of the three Georgia at-large Board members, one shall serve a four-year term and two shall serve two-year terms. All Board members shall serve until their successors are appointed and qualified. Vacancies shall be filled by the voting members of the Commission. The first chairman of the Commission created by this compact shall be elected by the Board of Directors from among its voting membership. Annually thereafter, each succeeding chairman shall be selected by the members of the Commission. The chairmanship shall rotate each year among the party states in order of their acceptance of this compact. Members of the Commission shall serve without compensation but shall be entitled to reimbursement for actual expenses incurred in the performance of the duties of the Commission. Section 2. This Act shall become effective when the following conditions are met: (1) The State of Alabama amends the Historic Chattahoochee Compact in substantially the same terms; and (2) The consent of Congress is given to amendment of the Historic Chattahoochee Compact by this Act and the Act of the State of Alabama.

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Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1993. TEACHERS RETIREMENT SYSTEM OF GEORGIA DEDUCTIONS FROM BENEFITS FOR MEMBERSHIP DUES. Code Section 47-3-29 Enacted. No. 327 (House Bill No. 38). AN ACT To amend Article 2 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the creation, administration, and management of assets of the Teachers Retirement System of Georgia, so as to authorize the board of trustees of such system to deduct from benefit payments the membership dues of certain nonprofit organizations under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 2 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the creation, administration, and management of assets of the Teachers Retirement System of Georgia, is amended by inserting at the end thereof the following: 47-3-29. (a) The board of trustees is authorized, but not required, to deduct from benefit payments the membership dues of any nonprofit organization, domiciled in Georgia which requests such deductions, provided that at least 30 percent of the retired members of this retirement system belong to such organization and members of the organization

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request that such deduction be made as provided in subsection (b) of this Code section. (b) Any retired member desiring the deduction provided for in subsection (a) of this Code section must so notify the board of trustees in writing in the manner specified by the board of trustees. Once begun, any such deduction may be canceled only by a request to the board of trustees in writing in a manner specified by the board of trustees. (c) Any organization for which membership dues deductions are made as provided in this Code section shall reimburse this retirement system for the actual cost of making such deductions. (d) Any organization requesting the deductions provided in subsection (a) of this Code section shall reimburse this retirement system for the actual cost of determining if such organization is eligible as provided in subsection (a) of this Code section. (e) In the event a dispute arises regarding deductions provided in subsection (a) of this Code section, this retirement system shall not be liable to any party in any manner, and the matter shall be settled between the retired member and the organization involved. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1993.

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LABOR AND INDUSTRIAL RELATIONS BOILER AND PRESSURE VESSEL SAFETY ACT; AIR STORAGE TANKS; EXEMPTED. Code Section 34-11-7 Amended. No. 328 (House Bill No. 39). AN ACT To amend Code Section 34-11-7 of the Official Code of Georgia Annotated, relating to exceptions under the Boiler and Pressure Vessel Safety Act, so as to include certain air storage tanks among the exceptions; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 34-11-7 of the Official Code of Georgia Annotated, relating to exceptions under the Boiler and Pressure Vessel Safety Act, is amended by striking subsection (b) and inserting in lieu thereof a new subsection (b) to read as follows: (b) The following boilers and pressure vessels shall be exempt from the requirements of subsections (b), (c), and (d) of Code Section 34-11-14 and Code Sections 34-11-15 and 34-11-16: (1) Boilers or pressure vessels located on farms and used solely for agricultural or horticultural purposes; (2) Heating boilers or pressure vessels which are located in private residences or in apartment houses of less than six family units; (3) Any pressure vessel used as an external part of an electrical circuit breaker or transformer; (4) Pressure vessels on remote oil or gas-producing lease locations that have fewer than ten buildings intended

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for human occupancy per 0.25 square mile and where the closest building is at least 220 yards from any vessel; (5) Pressure vessels used for storage of liquid propane gas under the jurisdiction of the state fire marshal, except for pressure vessels used for storage of liquefied petroleum gas, 2,000 gallons or above, which have been modified or altered; and (6) Air storage tanks not exceeding 16 cubic feet (120 gallons) in size and under 250 psig pressure. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1993. APPEALS OF AD VALOREM TAX ASSESSMENTS VALUATION USED FOR TAX BILLS AND DIGEST; INTEREST ON REFUNDS AND DEFICITS. Code Section 48-5-311 Amended. No. 329 (House Bill No. 303). AN ACT To amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of equalization and appeals of ad valorem tax assessments, so as to provide for procedures with respect to assessments and tax bills during the appeal process; to provide for interest on certain taxpayer refunds; to provide for limitations on interest accruing in the case

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of certain appeals; 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 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of equalization and appeals of ad valorem tax assessments, is amended by adding a new division at the end of subparagraph (e)(6)(C), to be designated division (iii), to read as follows: (iii) If the tax digest for the county for the year in question is prepared and the tax bills are issued before the county board of equalization has rendered its decision on property which is on appeal, the county board of tax assessors shall use the higher of the undisputed amount of the valuation of such property or the previous year's valuation of such property in compiling the tax digest, and tax bills will be issued based on such value. If the final determination of the value on appeal is less than the valuation thus used, the taxpayer shall receive a deduction in his taxes for the year in question. Such deduction shall be refunded to the taxpayer and shall include interest on the amount of such deduction at the same rate as specified in Code Section 48-2-35 which shall accrue from the date the tax was due or was paid, whichever is later. In no event shall the amount of such interest exceed $150.00. If the final determination of value on appeal is greater than the valuation thus used, the taxpayer shall be liable for the increase in taxes for the year in question due to the increased valuation fixed on appeal with interest at the rate as specified in Code Section 48-2-35. Such interest shall accrue from the date the taxes would have been due absent the appeal to the date the additional taxes are remitted, but in no event shall such interest accrue for a period of more than 180 days. Section 2. Said Code section is further amended by striking subparagraph (f)(4)(B) and inserting in its place a new subparagraph (f)(4)(B) to read as follows:

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(B) The county board of tax assessors shall use the valuation of the county board of equalization in compiling the tax digest for the county. If the final determination of value on appeal is less than the valuation set by the county board of equalization, the taxpayer shall receive a deduction in his taxes for the year in question. Such deduction shall be refunded to the taxpayer and shall include interest on the amount of such deduction at the same rate as specified in Code Section 48-2-35 which shall accrue from the date the tax was due or was paid, whichever is later. In no event shall the amount of such interest exceed $150.00. If the final determination of value on appeal is greater than the valuation set by the county board of equalization, the taxpayer shall be liable for the increase in taxes for the year in question due to the increased valuation fixed on appeal with interest at the same rate as specified in Code Section 48-2-35. Such interest shall accrue from the date the taxes would have been due absent the appeal to the date the additional taxes are remitted, but in no event shall such interest accrue for a period of more than 180 days. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all appeals of ad valorem tax assessments filed on or after that date. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1993.

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JUVENILE COURT CUSTODY AND DETENTION OF CHILD PROBATION OFFICERS. Code Section 15-11-8 Amended. No. 330 (House Bill No. 306). AN ACT To amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide a probation officer with discretionary authority for the taking into custody and detention of a child under the supervision or care of such officer; to provide for immunity; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by striking Code Section 15-11-8, relating to duties of probation officers, in its entirety and inserting in lieu thereof the following: 15-11-8. A probation officer: (1) Shall make investigations, reports, and recommendations to the court as directed by this article; (2) Shall receive and examine complaints and charges of delinquency, unruly conduct, or deprivation of a child for the purpose of considering the commencement of proceedings under this article; (3) Shall supervise and assist a child placed on probation or in the protective supervision or care of such probation officer by order of the court or other authority of law;

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(4) Shall make appropriate referrals to other private or public agencies of the community if their assistance appears to be needed or desirable; (5) May take into custody and detain a child who is under the supervision or care of such probation officer as a delinquent, unruly, or deprived child if the probation officer has reasonable cause to believe that the child's health or safety or that of another is in imminent danger, or that the child may abscond or be removed from the jurisdiction of the court, or when so ordered by the court pursuant to this article. A probation officer may not conduct accusatory proceedings against a child who is or may be under such probation officer's care or supervision; (6) Shall perform all other functions designated by this article or by order of the court pursuant thereto. Any of the functions specified in this Code section may be performed in another state if authorized by the court located in this state and permitted by the laws of the other state; and (7) Other laws to the contrary notwithstanding, no county juvenile intake or probation officer or staff of the Department of Children and Youth Services serving as juvenile intake or probation officer shall be liable for the acts of any juvenile not detained or taken into custody as provided in paragraph (5) of this Code section when, in the judgment of such officer, such detention or custody is not warranted. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1993.

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AGRICULTURE PROMPT PAYMENT OF FRESH PRODUCE; CERTIFICATE OF RECEIPT; CONTENTS OF CERTIFICATE. Code Section 2-9-11.1 Amended. No. 331 (House Bill No. 341). AN ACT To amend Code Section 2-9-11.1 of the Official Code of Georgia Annotated, relating to ownership of agricultural product harvested by a dealer, so as to provide for the prompt payment of fresh produce; to provide a time limitation for such payment; to provide for a certificate of receipt; to provide for the contents of such certificate; to provide that this Act does not preclude the producer from commencing and maintaining an action against the dealer as in any civil action; 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 2-9-11.1 of the Official Code of Georgia Annotated, relating to ownership of agricultural product harvested by a dealer, is amended by designating the current text as subsection (a) and inserting new subsections (b) (c) and (d) to read as follows: 2-9-11.1. (a) In the absence of a written contract between the producer and a dealer in agricultural products to the contrary, any agricultural product which is harvested by a dealer, an agent or employee of a dealer, or an independent contractor retained by a dealer or which is delivered to a dealer or an agent or employee thereof on the farm or at a facility of the dealer shall become the property of the dealer at the time of delivery and the dealer shall become obligated to pay the agreed-upon price as provided in subsection (b) of this Code section.

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(b) A dealer in agricultural products shall make prompt payment for agricultural products purchased in this state. Prompt payment shall mean payment 20 days following delivery, as provided in subsection (a) of this Code section, unless explicitly stated otherwise in a written contract agreed to by the producer and dealer in agricultural products. (c) Unless explicitly stated otherwise in a written contract, at the time of delivery as specified in subsection (a) of this Code section, the dealer and the producer in agricultural products shall jointly issue a certificate of receipt and quality to the producer or the producer's agent. The certificate of receipt and quality shall contain information, including but not limited to the: (1) Name and address of the dealer in agricultural products; (2) Name and address of the producer; (3) Delivery date and time of receipt; (4) Description of the product as to identity, quantity, quality, condition, and grade of the product; (5) Price per unit; and (6) Terms of the transaction. Information contained in the certificate of receipt and quality pertaining to quality, quantity, and price shall be presumed to be satisfied unless such agricultural product is inspected and a certificate stating the product is in a different condition is issued by an inspector pursuant to Code Section 2-9-11 within 48 hours of delivery of the agricultural product to the dealer. (d) This Code section does not preclude the producer from commencing and maintaining an action against the dealer as in any civil action.

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Section 2. This Act shall become effective on January 1, 1994. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1993. COUNTY AND MUNICIPAL LEVIES ON PUBLIC ACCOMMODATIONS EXPENDITURE OF PORTION OF PROCEEDS FOR PROMOTION OF MUSEUMS OF AVIATION AND AVIATION HALLS OF FAME. Code Section 48-13-51 Amended. No. 332 (House Bill No. 346). AN ACT To amend Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to county and municipal levies on public accommodations charges for promotion of tourism, conventions, and trade shows, so as to authorize a county or municipality under certain circumstances to expend a portion of the taxes collected from levies on public accommodations charges for the purpose of promoting museums of aviation and aviation halls of fame; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to county and municipal levies on public accommodations charges for promotion of tourism, conventions, and trade shows, is amended by striking in its entirety paragraph (4) of subsection (a) and inserting in lieu thereof a new paragraph (4) to read as follows:

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(4) Notwithstanding any other provision of this subsection, a county (within the territorial limits of the special district located within the county) or municipality may levy a tax under this Code section at a rate of 6 percent. A county or municipality levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph (4)) an amount equal to at least 43 [UNK] percent of the total taxes collected at the rate of 6 percent for the purpose of: (A) promoting tourism, conventions, museums of aviation and aviation halls of fame, and trade shows; (B) supporting a facility owned or operated by a state authority for convention and trade show purposes or any other similar or related purposes; (C) supporting a facility owned or operated by a local authority or local government for convention and trade show purposes or any other similar or related purposes, if a written agreement to provide such support was in effect on January 1, 1987, and if such facility is substantially completed and in operation prior to July 1, 1987; (D) supporting a facility owned or operated by a local government or local authority for convention and trade show purposes or any other similar or related purposes if construction of such facility is funded or was funded prior to July 1, 1990, in whole or in part by a grant of state funds or is funded on or after July 1, 1990, in whole or substantially by an appropriation of state funds; or (E) for some combination of such purposes. Amounts so expended shall be expended only through a contract or contracts with the state, a department of state government, a state authority, a convention and visitors bureau authority created by local Act of the General Assembly for a municipality, or a private sector non-profit organization, or through a contract or contracts with some combination of such entities, except that amounts expended for purposes (C) and (D) may be so expended in any otherwise lawful manner. In addition to the amounts required to be expended above, a county or municipality levying a tax pursuant to this paragraph (4) shall further expend (in each fiscal year during which the tax is collected under this paragraph (4)) an amount equal to at least 16 [UNK] percent of the total taxes collected at the rate of 6 percent for the purpose of construction or expansion of either: (A) a facility owned or operated by a state authority for convention and trade show purposes or any other similar or related purposes;

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(B) a facility owned or operated by a local authority or local government for convention and trade show purposes or any other similar or related purposes, if such support is provided to a governmental entity with which the county or municipality levying the tax had in effect on January 1, 1987, a contractual agreement concerning governmental support of a convention and trade show facility; (C) a facility owned or operated for convention and trade show purposes, visitor welcome center purposes, or any other similar or related purposes by a convention and visitors bureau authority created by local Act of the General Assembly for a municipality; or (D) a facility owned or operated for convention and trade show purposes or any other similar or related purposes by a coliseum and exhibit hall authority created by local Act of the General Assembly for a county and one or more municipalities therein. Amounts so expended to meet such 16 [UNK] percent expenditure requirement shall not be subject to the foregoing provisions of this paragraph requiring expenditure through a contract or contracts with certain entities. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1993. SPECIAL ALTERNATIVE INCARCERATION FELONY OFFENSES; 120 DAYS WITH RELEASE AT 90 DAYS FOR EXCELLENT BEHAVIOR. Code Section 42-8-35.1 Amended. No. 333 (House Bill No. 352). AN ACT To amend Code Section 42-8-35.1 of the Official Code of Georgia Annotated, relating to special alternative incarceration, so as to provide that such special alternative incarceration shall apply to felony offenses; to provide that the special alternative

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incarceration shall be for a period of 120 days computed from the time of initial confinement, provided that the Department of Corrections may release the defendant upon service of 90 days in recognition of excellent behavior; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 42-8-35.1 of the Official Code of Georgia Annotated, relating to special alternative incarceration, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) In addition to any other terms or conditions of probation provided for under this chapter, the trial judge may provide that probationers sentenced for felony offenses committed on or after July 1, 1993, 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 120 days computed from the time of initial confinement in the unit; provided, however, the department may release the defendant upon service of 90 days in recognition of excellent behavior. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1993.

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COMMERCE AND TRADE PULPWOOD, SAWTIMBER, POLES, AND OTHER TIMBERS; SALE BY TONNAGE OR POUNDS. Code Section 10-2-22 Enacted. No. 334 (House Bill No. 360). AN ACT To amend Article 1 of Chapter 2 of Title 10 of the Official Code of Georgia Annotated, relating to general provisions relative to the regulation of weights and measures, so as to provide that all pulpwood, sawtimber, poles, and other types of timber sold by weight shall be sold on the basis of tonnage or pounds, with one ton equaling 2,000 pounds; to provide that such requirement shall not prohibit the sale of such products by volume; 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 10 of the Official Code of Georgia Annotated, relating to general provisions relative to the regulation of weights and measures, is amended by inserting at the end thereof the following: 10-2-22. All pulpwood, sawtimber, poles, and other types of timber sold or measured in this state by weight shall be sold on the basis of tonnage or pounds, with one ton equaling 2,000 pounds. Nothing in this Code section shall prohibit the sale or measurement of such products by measured volume, so long as such measurement is not calculated by weight. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1993.

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SUPERIOR COURT MCINTOSH COUNTY; TERMS OF COURT. Code Section 15-6-3 Amended. No. 335 (House Bill No. 377). AN ACT To amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of court of the superior courts, so as to change the terms of court for the Superior Court of McIntosh County; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of court of the superior courts, is amended by striking in its entirety subparagraph (E) of paragraph (4) and inserting in lieu thereof the following: (E) McIntosh County Fourth Monday in May and first Monday in December. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1993.

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FIRE PROTECTION SAFETY FIRE COMMISSIONER; DISPENSING OF COMPRESSED NATURAL GAS FOR VEHICULAR FUEL; ADDITIONAL FEE. Code Section 25-2-4.1 Amended. No. 336 (House Bill No. 386). AN ACT To amend Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to the regulation of fire and other hazards to persons and property generally, so as to revise certain provisions relative to fees charged by the Safety Fire Commissioner; to provide an additional fee for permit to dispense compressed natural gas for vehicular fuel; to provide that licenses and permits shall be nontransferable; 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 25 of the Official Code of Georgia Annotated, relating to the regulation of fire and other hazards to persons and property generally, is amended by striking in its entirety Code Section 25-2-4.1, relating to fees and charges required by the Safety Fire Commissioner, and inserting in lieu thereof a new Code Section 25-2-4.1 to read as follows: 25-2-4.1. (a) The Commissioner is authorized to assess and collect, and persons so assessed shall pay in advance to the Commissioner, fees and charges under this chapter as follows: (1) New anhydrous ammonia permit for storage in bulk (more than 2,000 gallons aggregate capacity) for sale or distribution one-time fee $ 100.00 (2) Annual license for manufacture of explosives other than fireworks 100.00 (3) Annual license for manufacture, storage, or transport of fireworks 1,000.00 (4) Carnival license 100.00 (5) Certificate of occupancy 100.00 (6) Construction plan review: (A) Bulk storage construction 100.00 (B) Building construction, 10,000 square feet or less 100.00 (C) Building construction, more than 10,000 square feet .015 per square foot (D) Other construction 100.00 (7) Fire sprinkler contractor certificate of competency 100.00 (8) Liquefied petroleum gas storage license: (A) 2,000 gallons or less 100.00 (B) More than 2,000 gallons 500.00 (9) Building construction inspection: (A) 80 percent completion, 100 percent completion, annual, and first follow-up none (B) Second follow-up 100.00 (C) Third and each subsequent follow-up 150.00 (10) Purchase, storage, sale, transport, or use of explosives other than fireworks: (A) 500 pounds or less 50.00 (B) More than 500 pounds 100.00 (11) New self-service gasoline station permit one-time fee 100.00 (12) New permit to dispense compressed natural gas (CNG) for vehicular fuel one-time fee 100.00

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(b) The licenses and permits for which fees or charges are required pursuant to this Code section shall not be transferable. A new license or permit and fee are required upon change of ownership. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1993. REGULATION OF DENTAL HYGIENISTS TEMPORARY LICENSE NOT ISSUED TO APPLICANT WHO HAS FAILED EXAMINATION. Code Section 43-11-70.1 Amended. No. 337 (House Bill No. 409). 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 change the provisions relating to temporary licenses to practice as a dental hygienist; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to dentists and dental hygienists,

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is amended by striking Code Section 43-11-70.1, relating to temporary licenses to practice as a dental hygienist, and inserting in its place the following Code section: 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 nor shall a temporary license be issued to an applicant who has previously failed the examination. If the applicant passes the examination, the temporary license shall remain valid until a license is issued. A temporary license shall be posted and displayed in the place in which the dental hygienist is employed. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1993.

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REGULATION OF HEARING AID DISPENSERS APPLICATION FOR EXAMINATION. Code Section 43-20-9 Amended. No. 338 (House Bill No. 410). AN ACT To amend Code Section 43-20-9 of the Official Code of Georgia Annotated, relating to examinations for licensing as hearing aid dispenser, so as to change the provisions relating to applications for examination; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 43-20-9 of the Official Code of Georgia Annotated, relating to examinations for licensing as hearing aid dispenser, is amended by striking subsection (d) thereof and inserting the following in its place: (d) Each applicant desiring to become licensed as a dispenser, other than holders of apprentice dispensers' permits, shall make application for examination to the joint-secretary, accompanied by the examination fee as provided by the board in its rules and regulations. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1993.

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DRIVER TRAINING INSTRUCTORS LICENSES VALID FOR TWO YEARS. Code Section 43-13-6 Amended. No. 339 (House Bill No. 476). AN ACT To amend Chapter 13 of Title 43 of the Official Code of Georgia Annotated, The Driver Training School License Act, so as to provide that driver training instructor licenses shall be valid for two years; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 13 of Title 43 of the Official Code of Georgia Annotated, The Driver Training School License Act, is amended by striking subsection (b) of Code Section 43-13-6, relating to issuance of licenses to qualified applicants, in its entirety and inserting in lieu thereof the following: (b) All licenses issued to driver training schools or driver training instructors pursuant to this chapter shall be valid for two years from the date of issuance unless sooner canceled, suspended, or revoked under Code Section 43-13-7. All licenses shall be renewed through the Department of Public Safety as provided in subsection (d) of this Code section and shall be valid for two years from the date of renewal. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1993.

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CONTRACTORS PROVIDING PROBATION SERVICES PROHIBITED CONDUCT RELATING TO DEFENSIVE DRIVING AND DUI ALCOHOL OR DRUG USE RISK REDUCTION PROGRAMS. Code Sections 40-5-81 and 40-5-83 Amended. No. 340 (House Bill No. 508). 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 upon completion of a defensive driving program or DUI Alcohol or Drug Use Risk Reduction Program, so as to prohibit certain persons connected to private companies providing probation services from specifying attendance at a particular clinic or program or soliciting for a particular clinic or program; to prohibit such persons from owning, operating, instructing in, or being employed by such clinics or programs; 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 upon completion of a defensive driving program or DUI Alcohol or Drug Use Risk Reduction Program, is amended by striking subsection (b) of Code Section 40-5-81, relating to attendance at driver improvement clinics as optional, in its entirety and inserting in lieu thereof the following: (b) Whenever any person is authorized or required to attend a driver improvement clinic or DUI Alcohol or Drug Use Risk Reduction Program as a condition of any sentence imposed under this title or any ordinance enacted pursuant to this title or as a condition of the retention or restoration of the person's driving privilege, such person, in complying with such condition, shall be authorized to attend any driver improvement clinic or DUI Alcohol or Drug Use Risk Reduction Program certified under this article; and no judicial officer,

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probation officer, law enforcement officer, or other officer or employee of a court or person who owns, operates, or is employed by a private company which has contracted to provide private probation services for misdemeanor cases shall specify, directly or indirectly, a particular driver improvement clinic or DUI Alcohol or Drug Use Risk Reduction Program which the person may or shall attend. This Code section shall not prohibit any judicial officer, probation officer, law enforcement officer, or other officer or employee of a court or owner, operator, or employee of a private company which has contracted to provide probation services for misdemeanor offenders from furnishing any person, upon request, the names of certified driver improvement clinics or DUI Alcohol or Drug Use Risk Reduction Programs. Section 2. Said article is further amended by striking subsection (d) of Code Section 40-5-83, relating to establishment of driver improvement clinics and DUI Alcohol or Drug Use Risk Reduction Programs, in its entirety and inserting in lieu thereof the following: (d) Notwithstanding the provisions of any law or rule or regulation which prohibits any individual who is a probation officer or other official or employee of the probation division of the Department of Corrections or a spouse of such individual from owning, operating, instructing at, or being employed by a driver improvement clinic, any individual who is a probation officer or other official or employee of the probation division of the Department of Corrections or a spouse of such individual who owns, operates, instructs at, or is employed by a driver improvement clinic on June 1, 1985, and who in all respects is and remains qualified to own, operate, instruct at, or be employed by a driver improvement clinic is expressly authorized to continue on and after June 1, 1985, to engage in such activities. No person who owns, operates, or is employed by a private company which has contracted to provide probation services for misdemeanor cases shall be authorized to own, operate, be an instructor at, or be employed by a driver improvement clinic or a DUI Alcohol or Drug Use Risk Reduction Program.

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Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1993. DOMESTIC RELATIONS ORIGINAL ACTION UPON ADOPTION BY A STEPPARENT. Code Section 19-7-3 Amended. No. 341 (House Bill No. 511). AN ACT To amend Code Section 19-7-3 of the Official Code of Georgia Annotated, relating to original actions or interventions for visitation rights by grandparents, so as to provide that such action or intervention may be brought when a child is adopted by a stepparent; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 19-7-3 of the Official Code of Georgia Annotated, relating to original actions or interventions for visitation rights by grandparents, is amended by striking in its entirety subsection (b) and inserting in lieu thereof the following: (b) Any grandparent shall have the right to file an original action for visitation rights to a minor child or to intervene in and obtain visitation rights in any action in which any court in this state shall have before it any question concerning the custody of a minor child, a divorce of the parents or a parent of such minor child, a termination of the parental

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rights of either parent of such minor child, or visitation rights concerning such minor child or whenever there has been an adoption in which the adopted child has been adopted by the child's blood relative or by a stepparent, notwithstanding the provisions of Code Section 19-8-19. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1993. AGENCY AND PRINCIPAL FORMALITIES REQUIRED TO CREATE; WRITTEN INSTRUMENTS DEEMED TO IMPLY AUTHORITY. Code Section 10-6-2 Amended. No. 342 (House Bill No. 515). 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 relationship of an agency, so as to revise and clarify the provisions relating to the formality necessary to create an agency; to provide that a written instrument creating an agency shall be deemed to include the authority to execute instruments pursuant to that authority with the formalities necessary or appropriate to accomplish the purposes of the agency unless a contrary intent is expressed; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 1 of Chapter 6 of Title 10 of the Official Code of Georgia Annotated, relating to the creation and nature of the relationship of an agency, is amended by striking

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Code Section 10-6-2, relating to the formality necessary to create an agency, which reads 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., in its entirety and inserting in lieu thereof a new Code Section 10-6-2 to read as follows: 10-6-2. Where the exercise or performance of an agency is by written instrument, the agency shall also be created by written instrument; provided, however, unless a contrary intent is expressly set forth therein, any written instrument creating an agency regardless of the formality of its execution shall conclusively be deemed to authorize the execution of instruments with the formalities necessary or appropriate to accomplish the purposes for which the agency was granted. 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. This Act shall become effective on July 1, 1993, and shall be applicable to acts occurring prior to July 1, 1993, as well as to acts occurring on or after such date.

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Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1993. MARINE TOILETS RESTRICTIONS ON LAKE BLUE RIDGE; FEDERAL LAW PRECEDENCE OVER STATE LAW. Code Sections 12-5-29 and 52-7-8.1 Amended. No. 343 (House Bill No. 528). AN ACT To amend Code Section 12-5-29 of the Official Code of Georgia Annotated, relating to sewage and waste disposal and related matters, so as to provide for certain restrictions on marine toilets used on Lake Blue Ridge and to provide that the provisions of a certain federal law shall take precedence over state law relating to such restrictions; to amend Code Section 52-7-8.1 of the Official Code of Georgia Annotated, relating to the discharge of sewage from vessels on certain lakes, so as to provide that a certain federal act shall take precedence over state law; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 12-5-29 of the Official Code of Georgia Annotated, relating to sewage and waste disposal and related matters, is amended by striking in its entirety subsection (c) and inserting in lieu thereof the following: (c) As applied to the waters of Allatoona Lake, Lake Blackshear, Lake Blue Ridge, Clarks Hill Lake, Hartwell Lake, Lake Sidney Lanier, Lake Oconee, Lake Seminole, Lake Sinclair, Richard B. Russell Lake, Walter F. George Reservoir, and West Point Lake, except as otherwise provided

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in the federal Clean Water Act of 1977, P.L. 95-217, as now or hereafter amended, it shall be unlawful for any person to operate or float a vessel having a marine toilet as the term is defined in Code Section 52-7-3 unless such marine toilet only discharges into a holding tank as the term is defined in Code Section 52-7-3; and it shall further be unlawful to operate or float such a vessel, whether moored or not, unless it has a certificate for such holding tank issued by the department affixed thereto. Section 2. Code Section 52-7-8.1 of the Official Code of Georgia Annotated, relating to the discharge of sewage from vessels on certain lakes, is amended by striking in their entireties subsections (a), (b), (c), (e), and (j) and inserting in lieu thereof, respectively, the following: (a) (1) The General Assembly finds that because of the increasing number of vessels having marine toilets which are operated or moored on Allatoona Lake, Lake Blackshear, Clarks Hill Lake, Hartwell Lake, Lake Sidney Lanier, Lake Oconee, Lake Seminole, Lake Sinclair, Russell Lake, Walter F. George Reservoir, Lake Blue Ridge, and West Point Lake, it is necessary for the protection of the public health, safety, and welfare to prohibit the discharge of sewage from such vessels into the waters of such lakes. (2) Because of the findings stated in paragraph (1) of this subsection, it is declared to be the intent of the General Assembly to protect and enhance the quality of the waters of such lakes by requiring greater environmental protection than is provided pursuant to Section 312 of the Federal Water Pollution Control Act, as amended, such that any discharge of sewage from a vessel into the waters of such lakes shall be prohibited. (b) Except as otherwise provided in the federal Clean Water Act of 1977, P.L. 95-217, as now or hereafter amended, it shall be unlawful for any person to operate or float a vessel, whether moored or not, on protected fresh waters, from which sewage is discharged into such protected fresh waters.

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(c) Except as otherwise provided in the federal Clean Water Act of 1977, P.L. 95-217, as now or hereafter amended, it shall be unlawful to operate or float any vessel on protected fresh waters which has located within or on such vessel a marine toilet, unless such marine toilet is designed and operated to prevent the discharge of sewage, treated or untreated, into protected fresh waters and is equipped with a holding tank, as the term is defined in Code Section 52-7-3, which is constructed and installed in such a manner that it can be emptied only by pumping out. (e) Except as otherwise provided in the federal Clean Water Act of 1977, P.L. 95-217, as now or hereafter amended, it shall be unlawful for any person to operate or float a vessel having a marine toilet, whether moored or not, on protected fresh waters, unless it has a certificate issued by the department affixed thereto immediately adjacent to its registration number. No certificate may be issued unless a marine toilet and holding tank, as the terms are defined in Code Section 52-7-3, have been properly installed on the vessel. (j) In the event any provision of this Code section is found to be in conflict with the federal Clean Water Act of 1977, P.L. 95-217, as now or hereafter amended, such federal act shall control. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1993.

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COMMERCE AND TRADE REGISTRATION OF SERVICE MARKS BY SCHOOL BOARDS. Code Section 10-1-441 Amended. No. 344 (House Bill No. 538). AN ACT To amend Part 1 of Article 16 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to registration and use of trademarks and service marks, so as to provide for registration of certain service marks by school boards; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Part 1 of Article 16 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to registration and use of trademarks and service marks, is amended by striking in its entirety Code Section 10-1-441, relating to ineligibility of marks for registration, and inserting in its place a new Code section to read as follows: 10-1-441. A trademark or service mark shall be entitled to registration unless it: (1) Consists of or comprises immoral, deceptive, or scandalous matter; or (2) Consists of or comprises matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols or bring them into contempt or disrepute; or (3) Consists of or comprises the flag or coat of arms or other insignia of the United States or of any state, county, or municipality or of any foreign nation or any simulation thereof, except that a county, municipality, or board of education shall be entitled to have registered its

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own service mark for use by that county, municipality, or board of education; or (4) Consists of or comprises the name, signature, or portrait of any living individual, except with his or her written consent; or (5) Consists of a mark which: (A) When applied to the goods or services of the applicant, is merely descriptive or deceptively misdescriptive of them; or (B) When applied to the goods or services of the applicant, is primarily geographically descriptive or deceptively misdescriptive of them; or (C) Is primarily merely a surname; or (6) Consists of or comprises a trademark or service mark which so resembles a trademark or service mark registered in this state or a trademark or service mark or trade name previously used in this state by another and not abandoned as to be likely, when applied to the goods or services of the applicant, to cause confusion or mistake or to deceive; or (7) Consists of or comprises a trademark or service mark which so resembles a trademark or service mark registered in the United States Patent Office by another and not abandoned as to be likely, when applied to the goods or services of the applicant, to cause confusion or mistake or to deceive; provided, however, that, should applicant prove that the applicant is the owner of a concurrent registration in the United States Patent Office of a trademark or service mark covering an area including this state, applicant may register such trademark or service mark under this part.

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Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1993. ALCOHOLIC BEVERAGES POSSESSION, SALE, OR PURCHASE OF UNSTAMPED DISTILLED SPIRITS; PAYMENT OF TAXES. Code Section 3-3-29 Amended. No. 345 (House Bill No. 552). AN ACT To amend Code Section 3-3-29 of the Official Code of Georgia Annotated, relating to possession, sale, or purchase of unstamped distilled spirits, so as to provide that no person shall knowingly possess, sell, or purchase any distilled spirits upon which taxes have not been paid; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 3-3-29 of the Official Code of Georgia Annotated, relating to possession, sale, or purchase of unstamped distilled spirits, is amended by striking in its entirety said Code section and inserting in lieu thereof a new Code Section 3-3-29 to read as follows: 3-3-29. Except as otherwise expressly provided for by law, no person knowingly and intentionally shall possess, sell, or purchase any distilled spirits upon which the taxes imposed by this title have not been paid.

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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 5, 1993. BAD CHECKS DAMAGES PAID WITHIN TEN DAYS; NOTICE. Code Section 13-6-15 Amended. No. 346 (House Bill No. 584). AN ACT To amend Code Section 13-6-15 of the Official Code of Georgia Annotated, relating to damages for writing bad checks, so as to provide that the maker of a dishonored check shall have ten days to pay the payee in cash; to provide for notice of this ten-day period; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 13-6-15 of the Official Code of Georgia Annotated, relating to damages for writing bad checks, is amended by striking in their entirety subsections (a) and (c) and inserting in lieu thereof new subsections to read as follows: (a) Notwithstanding any criminal sanctions which may apply, any person who makes, utters, draws, or delivers any check, draft, or order upon any bank, depository, person, firm, or corporation for the payment of money, which drawee refuses to honor the instrument for lack of funds or credit in the account from which to pay the instrument or because the

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maker has no account with the drawee, and who fails to pay the same amount in cash to the payee named in the instrument within ten days after a written demand therefor, as provided in subsection (c) of this Code section, has been delivered to the maker by certified mail shall be liable to the payee, in addition to the amount owing upon such check, draft, or order, for damages of double the amount so owing, but in no case more than $500.00, and any court costs incurred by the payee in taking the action. (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 ten 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 ten-day period, the holder of the check or instrument may file a civil suit against you for 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 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1993.

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SPECIAL LICENSE PLATES DISABLED VETERANS; QUALIFICATION PROCEDURES. Code Section 40-2-70 Amended. No. 347 (House Bill No. 585). AN ACT To amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide certain procedures which will enable a disabled veteran to qualify for a special license plate; 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 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 Code Section 40-2-70, relating to special license plates for disabled veterans not qualifying under Code Section 40-2-69, and inserting in lieu thereof a new Code Section 40-2-70 to read as follows: 40-2-70. Any citizen and resident of the State of Georgia who has been discharged from the armed forces under conditions other than dishonorable, who is disabled to any degree specified and enumerated in Code Section 40-2-69, and who is the owner of a private passenger motor vehicle, but who cannot qualify under Code Section 40-2-69, shall be entitled to a special and distinctive automobile license plate. Such veteran shall be entitled to such plate regardless of whether he or she is suffering from a service connected or nonservice connected disability. Such veteran must apply for such license plate and, upon compliance with the state motor vehicle laws for licensing of motor vehicles and payment of the regular license fee for plates as prescribed under Chapter 10 of Title 48, such veteran shall be issued similar license

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plates as prescribed in Code Section 40-2-71 for private passenger cars. There shall be no charge for the additional plate issued such veteran under this Code section. If a veteran has not been certified as disabled by the United States Department of Veterans Affairs, such veteran may submit to the Department of Veterans Service such veteran's discharge papers and a certified statement from a physician, licensed under Chapter 34 of Title 43, certifying that in the opinion of such physician such veteran is disabled to a degree enumerated in Code Section 40-2-69. If the certificate from the physician indicates the qualifying disabilities which meet the standards of the United States Department of Veterans Affairs, the commissioner of veterans service shall submit a letter to the Department of Revenue indicating that the veteran meets the requirements of this Code section and qualifies for a special license plate as provided in this Code section. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1993. HEALTH AMBULANCE SERVICES; LICENSING FEE; DEPOSIT INTO INDIGENT CARE TRUST FUND. Code Section 31-11-31 Amended. Code Section 31-11-33.1 Enacted. No. 348 (House Bill No. 593). AN ACT To amend Article 2 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to the licensing requirements

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of ambulance services in the state, so as to delete the existing application fee and to add an annual license fee to be paid by all ambulance services in an amount to be set by the Board of Human Resources and to provide that the amount of said fee be deposited into the Indigent Care Trust 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. Article 2 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to the licensing requirements of ambulances services in the state, is amended by striking in its entirety Code Section 31-11-31, relating to applications for licenses, and inserting in lieu thereof a new Code Section 31-11-31 to read as follows: 31-11-31. An application for a license or provisional license shall be made to the license officer. The application shall be made upon forms prescribed by the license officer and shall contain the following: (1) The name and address of the owner of the ambulance service or proposed ambulance service; (2) The name under which the applicant is doing business or proposes to do business; (3) The training and experience of the applicant in the transportation and care of patients; (4) A description of each ambulance, including the make, model, year of manufacture, motor and chassis number; and the color scheme, insignia, name, monogram, or other distinguishing characteristics to be used to designate the applicant's ambulance or ambulances; and (5) The location and description of the place or places from which the ambulance service is intended to operate.

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Section 2. Said article is further amended by adding a new Code section after Code Section 31-11-31, to be designated Code Section 31-11-31.1, to read as follows: 31-11-33.1. (a) Every ambulance service, whether privately operated or operated by any political subdivision of the state or any municipality, as a condition of maintaining a valid license shall pay an annual license fee to the license officer in an amount to be determined by the Board of Human Resources. The amount of said license fee may be periodically revised by said board. Said license fee shall become due and payable upon the initial issuance of the license and each year thereafter on the anniversary date of the initial license issuance. (b) All revenues collected from this annual fee shall be dedicated and deposited into the Indigent Care Trust Fund by the licensing officer. Section 3. The provisions of this Act requiring the payment of a license fee shall become effective on July 1, 1993. The remaining provisions of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1993.

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LICENSED PRACTICAL NURSES LICENSING; QUALIFICATIONS; EXAMINATIONS; LICENSES BY ENDORSEMENT; REINSTATEMENT; TEMPORARY PERMITS. Code Sections 43-26-32, 43-26-36, 43-26-37, 43-26-38, and 43-26-39 Amended. No. 349 (Senate Bill No. 25). AN ACT To amend Article 2 of Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to licensed practical nurses, so as to change a definition; to change the provisions relating to application for licensure and the qualifications related thereto; to change the provisions relating to issuance of licenses and requirements relating to examinations; to change the provisions relating to licenses by endorsement; to provide for temporary permits; to change the provisions relating to renewal of licenses and the practices, procedures, and requirements related thereto; to provide for other matters relating to licensed practical nurses and the practice thereof; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 2 of Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to licensed practical nurses, is amended by striking paragraph (1) of Code Section 43-26-32, relating to definitions, and inserting in lieu thereof a new paragraph (1) to read as follows:

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(1) `Active practice as a licensed practical nurse' means to practice practical nursing as a licensed practical nurse by performing for compensation acts authorized by the board. Section 2. Said article is further amended by striking subsection (a) of Code Section 43-26-36, relating to application for licensure, examinations, and temporary permits, and inserting in lieu thereof a new subsection (a) to read as follows: (a) (1) All applicants for a license to practice as a licensed practical nurse shall make application through the board. An applicant for licensure who has not been duly examined according to the prescribed examination approved by the board and who does not otherwise qualify for licensure under this article must apply by examination. Such applicants shall submit to the board a designated fee and written evidence verifying that the applicant: (A) Is at least 18 years of age; (B) Has graduated from high school or the equivalent thereof; (C) Has graduated from a nursing education program approved by this board or which meets criteria similar to, and not less stringent than, those established by this board; (D) Is in good physical and mental health; and (E) In the case of an applicant who has graduated from a program conducted in a foreign country, has demonstrated the ability to speak, write, and understand the English language. (2) A person who is at least 17 years of age and meets all of the criteria set forth in paragraph (1) of this subsection may apply to the board for special consideration to take the examination for licensure.

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Section 3. Said article is further amended by striking Code Section 43-26-37, relating to issuance of a license upon passing an examination and requirements for admission to subsequent examinations, and inserting in lieu thereof a new Code Section 43-26-37 to read as follows: 43-26-37. (a) Any applicant who meets the license requirements stated in Code Section 43-26-36 or subsection (b) of Code Section 43-26-38 and passes the required exam may be issued a license to practice as a licensed practical nurse. (b) Effective July 1, 1995, an applicant who has not passed the examination within five years from the date of eligibility of such applicant to take the licensure examination as determined by the board shall be required to complete successfully a regular full-time board approved practical nursing program before such applicant is admitted to another examination. Upon completion of the program, an application may be made for licensure as a new applicant. Section 4. Said article is further amended by striking Code Section 43-26-38, relating to license by endorsement, and inserting in lieu thereof a new Code Section 43-26-38 to read as follows: 43-26-38. (a) The board, at its discretion, may issue a license to practice as a licensed practical nurse, without examination, to any person who has a high school diploma or general educational development (GED) equivalency diploma and has been duly licensed or registered as a practical or vocational nurse or who is entitled to perform similar service under a different designation under the laws of another state or territory of the United States if the license or registration in that other state or territory is current and in good standing and was issued based upon completion of an approved program and passage of an examination, which program and examination have been determined by the board to be substantially equal to or greater than the requirements for licensure as a licensed practical nurse in this state and if such person has engaged in the active practice of practical nursing as a licensed practical nurse within five years immediately preceding the application.

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(b) The board, at its discretion, may issue a license to practice as a licensed practical nurse, with examination, to any person who has a high school diploma or general educational development (GED) equivalency diploma and has been duly licensed or registered as a practical or vocational nurse or who is entitled to perform similar service under a different designation under the laws of another state or territory of the United States if the license or registration in that other state or territory is current and in good standing and was issued based upon completion of an approved program substantially equal to or greater than the requirements of such programs in this state, except however, such applicant has not been duly examined according to the prescribed examination approved by this board and if such person has engaged in active practice of practical nursing as a licensed practical nurse within five years immediately preceding the application. (c) Applicants for endorsement who have not been engaged in the active practice of practical nursing as licensed practical nurses for a period which exceeds five years shall be required to complete additional education and training as provided in the rules and regulations of the board, which may include but not be limited to returning to school for full training and taking the licensing examination. (d) The approval or denial of a license by endorsement under this Code section shall be in the sole discretion of the board, and a denial thereof shall not be considered to be a contested case within the meaning of Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' The applicant shall be allowed to appear before the board if the applicant so desires. (e) Nothing in this Code section shall be construed to prevent an applicant who is denied a license by endorsement from taking the examination for licensure, provided that such applicant is otherwise eligible to take the examination and meets the requirements specified. (f) The board may issue a temporary permit to qualified applicants under such terms and conditions as specified in

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the rules and regulations of the board, but in no event shall such a temporary permit be issued to an applicant who has failed to pass the required examination. Section 5. Said article is further amended by striking subsections (d) and (e) of Code Section 43-26-39, relating to renewal of licenses and applications for reinstatement, and inserting in lieu thereof new subsections (d) and (e) to read as follows: (d) Any license that is not renewed by the end of the renewal period may not thereafter be renewed, and the licensee must apply for reinstatement. Applicants for reinstatement who have not been engaged in the active practice of practical nursing as licensed practical nurses for a period which exceeds five years shall be required to obtain such additional education and training as provided in the rules and regulations of the board, which may include but not be limited to returning to school for full training and taking the licensing examination. Upon completion of the program, an application may be made for licensure as a new applicant. (e) The board may issue a temporary permit to qualified applicants under such terms and conditions as specified in the rules and regulations of the board, but in no event shall such a temporary permit be issued to an applicant who has failed to pass the required examination. Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 7. All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1993.

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GEORGIA FIREMEN'S PENSION FUND APPLICATION; PHYSICIAN'S REPORT; CONDITIONS OF MEMBERSHIP OR REINSTATEMENT; BENEFITS AFTER REINSTATEMENT OR SUSPENSION; MEMBERS OF PEACE OFFICERS' ANNUITY AND BENEFIT FUND; DISABILITY BENEFITS. Code Title 47, Chapter 7 Revised. No. 350 (Senate Bill No. 83). 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 that any person employed as a fireman or enrolled as a volunteer fireman may apply for membership in such fund without regard to age; to repeal certain requirements for a physical examination; to repeal certain conditions of membership in such pension fund related to the physical condition of the member; to repeal certain conditions relating to meeting medical requirements as a prerequisite to reinstatement in said pension fund; to provide for creditable service and benefits calculation for certain persons suspended from membership; to provide that members of said pension fund shall not be entitled to creditable service for service for which such members are also entitled to receive creditable service under the Peace Officers' Annuity and Benefit Fund; to provide that persons who are active members of said pension fund or who become or again become active members of such pension fund on or after July 1, 1993, shall not be entitled to a disability benefit; 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 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 47-7-40, relating to eligibility to apply for membership in the Georgia

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Firemen's Pension Fund and related matters, and inserting in lieu thereof the following: 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. (2) Upon becoming a member of the fund, a fireman or volunteer fireman shall receive credit only from the date of his or her becoming a member of the fund. (b) 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 qualify such person for membership in the Peace Officers' Annuity and Benefit Fund. Section 2. Said chapter is further amended by striking in its entirety paragraph (2) of subsection (b) of Code Section 47-7-41, relating to the effect of withdrawal of contributions or termination of employment under said pension fund, and inserting in lieu thereof the following: (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 requirements set forth in Code Section 47-7-40. Section 3. Said chapter is further amended by striking in their entireties subsections (b) and (c) of Code Section 47-7-60, relating to dues required of members of said pension fund, and inserting in lieu thereof the following: (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.

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(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 requirements set forth in Code Section 47-7-40 as a prerequisite to reinstatement to active membership. (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, upon reinstatement of such member in accordance with subsection (b) of this Code section, such member shall be entitled to credit for service for months for which required dues had been paid at the time of removal and to credit for service rendered after reinstatement. In the event such member is removed 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 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 the youngest age at which early retirement benefits may commence or such greater age as the member has actually attained on that

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date, and the maximum monthly benefit in effect on such date of suspension to calculate such benefits. Section 4. Said chapter is further amended by striking in its entirety Code Section 47-7-83, relating to service credit for members of such pension fund who are also members of the Peace Officers' Annuity and Benefit Fund, and inserting in lieu thereof the following: 47-7-83. (a) No credit shall be given for service rendered after April 1, 1989, by a member who is also a member of the Peace Officers' Annuity and Benefit Fund if such service is creditable under the Peace Officers' Annuity and Benefit Fund to which such member belongs. (b) After July 1, 1993, a member of the fund who is also a member of the Peace Officers' Annuity and Benefit Fund shall not be eligible for creditable service in the fund for any period after that date with respect to which such member is also entitled to any creditable service in the Peace Officers' Annuity and Benefit Fund. Section 5. Said chapter is further amended by striking in their entireties subsections (b) and (c) of Code Section 47-7-101, relating to eligibility for retirement benefits under such pension fund, and inserting in lieu thereof the following: (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 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 application otherwise meets the requirements for membership may, by application in the

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manner provided by this chapter, become a member of the fund. 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 Section 47-7-100, 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 become effective at the time of the member's prior retirement, unless after such reemployment the member shall have acquired not less than seven years' creditable service as a member of the fund. (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 6. Said chapter is further amended by inserting at the end of Code Section 47-7-102, relating to eligibility for disability benefits under such pension fund, the following: (k) Any other provision of this Code section to the contrary notwithstanding, no member who is an active member of the fund on July 1, 1993, and no member who becomes an active member of the fund or who again becomes an active member of the fund on or after July 1, 1993, shall be entitled to any benefits under this Code section; provided, however, that any person who is receiving benefits pursuant to the provisions of this Code section on such date shall continue to be eligible to receive such benefits under the terms and conditions provided in this Code section; provided, further, that any member who has timely given notice to the board or who has timely made application to the board for disability benefits in accordance with this Code section prior to July 1, 1993, shall, upon approval of the application for such benefits, continue to be eligible for such benefits pursuant to the provisions of this Code section.

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Section 7. All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1993. CONSERVATION AND NATURAL RESOURCES PROFESSIONAL FORESTRY; REGISTRATION. Code Sections 12-6-49, 12-6-50, and 12-6-54 Amended. No. 351 (Senate Bill No. 117). AN ACT To amend Part 2 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the practice of professional forestry, so as to change the requirements for registration as a registered forester; to change certain provisions relating to references; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Part 2 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the practice of professional forestry, is amended by striking subsection (a) of Code Section 12-6-49, relating to requirements for registered foresters, and inserting in its place the following subsection: (a) The minimum qualifications and requirements for registration as a registered forester shall be as follows: (1) Graduation with a baccalaureate degree from a school, college, or department of forestry approved by the board, passage of a board approved examination after graduation, and a specific record of an additional two years' or more experience in forestry work of a character

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satisfactory to the board indicating that the applicant is competent to practice forestry. Such two years' experience need not be obtained on lands owned, leased, rented, or held by the applicant or by any person, corporation, agency, entity, or institution by which such applicant is employed, so long as the applicant works under supervision of a registered forester or under other supervision acceptable to the board; or (2) Graduation from a school of forestry not approved by the board or completion of a curriculum approved by the board in which the applicant has acquired a minimum of 40 quarter hours' credit, or its equivalent, in forestry subjects, provided that such applicant may be licensed only after acquiring two years' experience of a character satisfactory to the board and under the supervision of a registered forester or under other supervision acceptable to the board, and only after passing a board approved examination; provided, however, that an applicant who graduates on or after July 1, 1993, from a school of forestry not approved by the board or who, on or after July 1, 1993, completes a curriculum approved by the board in which the applicant has acquired a minimum of 40 quarter hours' credit, or its equivalent, in forestry subjects, may be licensed only after completing three years' experience of a character satisfactory to the board and under the supervision of a registered forester or under other supervision acceptable to the board and only after passing a board approved examination. Section 2. Said part is further amended by striking subsection (a) of Code Section 12-6-50, relating to applications for registration, and inserting in its place the following subsection: (a) Applications for registration shall be made on forms prescribed and furnished by the board; shall contain statements made under oath, showing the applicant's education and a detailed summary of the applicant's technical work; and shall contain not fewer than five references, of whom three or more shall be registered foresters having personal

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or professional knowledge of the applicant's forestry experience. Section 3. Said part if further amended by striking subsection (a) of Code Section 12-6-54, relating to licenses and reciprocity for nonresidents and others, and inserting in its place a new subsection (a) to read as follows: 12-6-54. (a) Any person who is licensed as a registered forester under the laws of another state may be licensed and registered under the laws of Georgia by reciprocity without having to qualify under the other provisions of this part, subject to the following conditions: 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 5, 1993. INSURANCE REVISION OF PROVISIONS REGARDING NOTICES BY INSURERS; VALUATION OF ACCIDENT AND SICKNESS AND DISABILITY PLANS. Code Sections 33-10-13, 33-24-46, and 33-25-8 Amended. No. 352 (Senate Bill No. 230). AN ACT To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to revise certain provisions regarding required notices by or on behalf of insurers; to provide for the submission of notification with financial statements of an opinion of a qualified actuary regarding reserves and related actuarial items; to provide for the content of such opinion and

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other matters related to such opinion; to revise the valuation of certain reserves; to provide for the issuance of certain specified rules and regulations by the Commissioner of Insurance; to provide for applicability; to provide for the promulgation of minimum standards applicable to the valuation of accident and sickness and disability plans; to provide the reasons for which an insurer may issue a notice of cancellation for a residential real property insurance policy; to provide time limitations on the ten-day free look notice for the return of life insurance contracts and refunding of premiums; 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 between subsections (b) and (c) of Code Section 33-10-13, relating to the valuation of reserves for life insurance policies, a new subsection (b.1) to read as follows: (b.1) (1) This subsection shall become operative on December 31, 1994. (2) Every life insurance company doing business in this state shall annually submit the opinion of a qualified actuary as to whether the reserves and related actuarial items held in support of the policies and contracts are computed appropriately, are based on assumptions which satisfy contractual provisions, are consistent with prior reported amounts, and comply with applicable laws of this state. The Commissioner by regulation as provided in subsection (1) of this Code section shall define the specific elements of this opinion. (3) (A) Every life insurance company, except as may be exempted by regulation as provided in subsection (1) of this Code section, shall also annually include in the opinion required by paragraph (2) of this subsection an opinion of the same qualified actuary as to whether the reserves and related actuarial items held in support of the policies and contracts, when

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considered in light of the assets held by the company with respect to the reserves and related actuarial items, including but not limited to, the investment earnings on the assets and the considerations anticipated to the received and retained under the policies and contracts, make adequate provisions for the company's obligations under the policies and contracts, including but not limited to, the benefits under and expenses associated with the policies and contracts. (B) Regulations as provided in subsection (1) of this Code section shall provide for a transition period for establishing any higher reserves which the qualified actuary may deem necessary in order to render the opinion required by this paragraph. (4) Each opinion required by paragraph (3) of this subsection shall be governed by the following provisions: (A) A memorandum shall be prepared to support each actuarial opinion; and (B) If the insurer fails to provide a supporting memorandum at the request of the Commissioner within a period specified by regulations as provided in subsection (1) of this Code section or the Commissioner determines that the supporting memorandum provided by the insurer fails to meet the standards prescribed by such regulations, the Commissioner may engage a qualified actuary at the expense of the insurer to review the opinion and the basis for the opinion and prepare such supporting memorandum as is required by Commissioner. (5) Every opinion issued pursuant to this subsection shall be governed by the following provisions: (A) The opinion shall be submitted with the annual statement reflecting the valuation of such reserve liabilities for each year ending on or after December 31, 1994;

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(B) The opinion shall apply to all business in force, including individual and group health insurance plans; (C) The opinion shall be based on standards adopted from time to time by the Actuarial Standards Board and on such additional standards prescribed by regulations as provided in subsection (1) of this Code section; (D) In the case of an opinion required to be submitted by a foreign or alien insurer, the Commissioner may accept the opinion filed by that insurer with the insurance supervisory official of another state if the opinion reasonably meets the requirements applicable to an insurer domiciled in this state; (E) For the purposes of this subsection, `qualified actuary' means a member in good standing of the American Academy of Actuaries who meets the requirements set forth in the regulations of such academy; (F) Except in cases of fraud or willful misconduct, the qualified actuary shall not be liable for damages to any person, other than the insurer or the Commissioner, for any act, error, omission, decision, or conduct with respect to the actuary's opinion; (G) Disciplinary action by the Commissioner against the insurer or the qualified actuary shall be as defined in regulations as provided in subsection (1) of this Code section; and (H) Any memorandum in support of the opinion and any other material provided by the insurer to the Commissioner in connection therewith shall be kept confidential by the Commissioner and shall not be made public and shall not be subject to subpoena, other than for the purpose of defending an action seeking damages from any person by reason of any action required by this subsection or by regulations

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promulgated pursuant to this subsection; provided, however, that the memorandum or other material may otherwise be released by the Commissioner with the written consent of the insurer or to the American Academy of Actuaries upon request stating that the memorandum or other material is required for the purpose of professional disciplinary proceedings and setting forth procedures satisfactory to the Commissioner for preserving the confidentiality of the memorandum or other material. Once any portion of the confidential memorandum is cited by the insurer in its marketing materials or is cited before any governmental agency other than a state insurance department or is released by the insurer to the news media, all portions of the memorandum shall be no longer confidential. Section 2. Said title is further amended by striking the undesignated language immediately following subparagraph (d)(2)(E) of Code Section 33-10-13, relating to the valuation of reserves for life insurance policies, and inserting in its place the following: After July 1, 1973, any insurer may file with the Commissioner a written notice of its election to comply with this paragraph after a specified date before January 1, 1979, which shall be the operative date of this paragraph for such insurer, provided that if an insurer makes no such election, the operative date of this paragraph for such insurer shall be January 1, 1979. Section 3. Said title is further amended by striking paragraph (3) of subsection (d) of Code Section 33-10-13, relating to the valuation of reserves for life insurance policies, and inserting in its place a new paragraph (3) to read as follows: (3) The interest rates used in determining the minimum standard for the valuation of: (A) All life insurance policies issued in a particular calendar year, on or after the operative date of subsection (e) of Code Section 33-25-4;

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(B) All individual annuity and pure endowment contracts issued in a particular calendar year on or after January 1, 1994; (C) All annuities and pure endowments purchased in a particular calendar year on or after January 1, 1994, under group annuity and pure endowment contracts; and (D) The net increase, if any, in a particular calendar year after January 1, 1994, in amounts held under guaranteed interest contracts shall be the calendar year statutory valuation interest rates as defined in paragraphs (4) through (7) of this subsection. Section 4. Said title is further amended by striking subsection (i) of Code Section 33-10-13, relating to the valuation of reserves for life insurance policies, and inserting in its place a new subsection (i) to read as follows: (i) An insurer who at any time had adopted any standard of valuation producing greater aggregate reserves than those calculated according to the minimum standard provided for in subsection (g) of this Code section may, with the approval of the Commissioner, adopt any lower standard of valuation but not lower than the minimum provided in this subsection; provided, however, that for the purposes of this subsection, the holding of additional reserves previously determined by a qualified actuary to be necessary to render the opinion required by subsection (b.1) of this Code section shall not be deemed to be the adoption of a higher standard of valuation. Section 5. Said title is further amended by adding a new subsection (1) of Code Section 33-10-13, relating to the valuation of reserves for life insurance policies, to read as follows: (1) The Commissioner shall promulgate a regulation containing the minimum standards applicable to the valuation of accident and sickness and disability plans and shall promulgate a regulation to implement subsection (b.1) of

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this Code section. Such regulations shall conform to national standards as set by the National Association of Insurance Commissioners. Section 6. Said title is further amended by striking subsection (c) of Code Section 33-24-46, relating to the cancellation or nonrenewal of certain property insurance policies, and inserting in its place a new subsection (c) to read as follows: (c) (1) No notice of cancellation of a policy as to which this Code section applies shall be effective unless mailed or delivered as prescribed in Code Section 33-24-44. The insurer shall provide the reason or reasons for such cancellation as required by Chapter 39 of this title. (2) After coverage under a policy to which this Code section applies has been in effect more than 60 days or after the effective date of a renewal policy to which this Code section applies, a notice of cancellation may be issued only for one or more of the following reasons: (A) Nonpayment of premium; (B) Discovery of fraud, concealment of material fact, or material misrepresentation made by or with the knowledge of the insured in obtaining the policy, continuing the policy, or presenting a claim under the policy; (C) The occurrence of a change in the risk which substantially increases any hazard the policy insures against; or (D) The insured violates any of the material terms or conditions of the policy. Section 7. Said title is further amended by striking in its entirety Code Section 33-25-8, relating to the right of a person to return a policy or contract of life insurance and receive a premium refund, and inserting in its place a new Code Section 33-25-8 to read as follows:

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33-25-8. (a) Every individual life insurance policy or contract issued for delivery in this state on or after July 1, 1979, except those issued in connection with a credit transaction, shall have printed on or attached to the contract a notice stating in substance that the person to whom the policy or contract is issued shall be permitted to return the policy or contract within ten days after receipt thereof and to have the premium paid refunded if, after examination of the policy or contract, the purchaser is not satisfied with it for any reason. (b) If the purchaser, pursuant to such notice, returns the policy or contract to the insurer at its home or branch office or to the agent through whom it was purchased, it shall be void from the beginning and the parties shall be in the same position as if no policy or contract had been issued. (c) Without limiting any other method of returning a policy or contract under this Code section, it shall be primafacie evidence of the fact and date of return of a policy or contract if the policy or contract is dispatched by certified mail to the insurer or agent, as provided in this Code section, and a return receipt provided by the United States Postal Service is obtained. (d) A person shall be deemed to have received a policy or contract for purposes of subsection (a) of this Code section if there has elapsed a period of six months from the effective date of the policy or contract or if there has elapsed a period of time from the effective date of the policy or contract during which there have been sent to the person two premium notices or other such statements of policy or contract activity, whichever period is longer. Section 8. All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1993.

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LABOR AND INDUSTRIAL RELATIONS WORKERS' COMPENSATION; INMATES OR PERSONS ON WORK RELEASE PROGRAMS; NO ELIGIBILITY FOR BENEFITS. Code Sections 34-9-1, 34-9-14, and 33-38-7 Amended. No. 353 (Senate Bill No. 273). AN ACT To amend Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions regarding workers' compensation, so as to provide that an inmate or person participating in a work release or similar program shall not be deemed to be an employee for purposes of obtaining workers' compensation benefits; to provide exceptions; to provide standards for substitute systems of workers' compensation; to provide for joint approval of any such system by the State Board of Workers' Compensation and the Commissioner of Insurance; to provide for the termination of such system; to authorize rules and regulations; to provide for intent and construction; to amend Chapter 38 of Title 33 of the Official Code of Georgia Annotated, relating to the Georgia Life and Health Insurance Guaranty Association, so as to provide for the amount of payment of claims under policies written to provide workers' compensation benefits under Chapter 9 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. Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions regarding workers' compensation, is amended by striking paragraph (2) of Code Section 34-9-1, relating to definitions, in its entirety and inserting in lieu thereof the following: (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

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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 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

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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 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. Inmates or persons participating in a work release program, community service program, or similar program as part of the punishment for violation of a municipal ordinance pursuant to Code Section 36-32-5 or a county ordinance or a state law shall not be deemed to be an employee while participating in work or training or while going to and from the work site or training site, unless such inmate or person is employed for private gain in violation of Code Section 42-1-5 or Code Section 42-8-70 or unless the municipality or county had voluntarily established a policy, on or

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before January 1, 1993, to provide workers' compensation benefits to such individuals. Section 2. Said article is further amended by striking Code Section 34-9-14, relating to substitute systems of compensation, and inserting in its place a new Code Section 34-9-14 to read as follows: 34-9-14. (a) Subject to the joint approval of the board and the Commissioner of Insurance, any employer may enter into or continue any agreement with its employees to provide a system of compensation, benefit, or insurance in lieu of the compensation and insurance provided by this chapter. No such substitute system shall be approved unless it complies with the following requirements: (1) The benefits provided for injured employees must at least equal the benefits required by this chapter; (2) Except as provided in Code Section 34-9-122.1, no contributions may be required from employees unless the substitute system of compensation confers benefits in addition to this chapter and the contributions are applied to the additional benefits; (3) The system must contain all provisions required of a standard policy of workers' compensation insurance issued in this state, including a workers' compensation benefits policy and an employer liability policy, and one of these policies may not be canceled independently of the other policy; (4) Any substitute system shall be required to file statistical data which would be required with regard to a standard policy of workers' compensation insurance; and (5) Such other standards as are necessary to ensure the compliance of such substitute system with the provisions of this chapter as are jointly promulgated by rule or regulation of the State Board of Workers' Compensation and the Commissioner of Insurance.

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(b) Such substitute system may be terminated by the board on reasonable notice and hearing to the interested parties if it shall appear that the system is not fairly administered or if its operation shall disclose defects threatening its solvency or if for any substantial reason it fails to accomplish the purpose of this chapter and is not in compliance with the provisions of this Code section; and in this case the board shall determine the proper distribution of all remaining assets, if any, subject to the right of any party at interest to take an appeal to the superior court of the county wherein the principal office or chief place of business of the employer is located. (c) It is the specific intent of the General Assembly that any alternative system of worker's compensation which is approved by the board and the Commissioner of Insurance pursuant to this Code section shall preserve an employer's immunity from civil action resulting from an injury which is compensable under this chapter as provided in Code Section 34-9-11, and the provisions of this Code section shall not be construed to the contrary. Section 3. Chapter 38 of Title 33 of the Official Code of Georgia Annotated, relating to the Georgia Life and Health Insurance Guaranty Association, is amended by striking paragraph (9) of Code Section 33-38-7, relating to the powers and duties of the association generally, and inserting in its place a new paragraph (9) to read as follows: (9) The contractual obligations of the insolvent insurer for which the association becomes or may become liable shall be as great as, but no greater than, the contractual obligations of the insolvent insurer would have been in the absence of an insolvency, unless such obligations are reduced as permitted by paragraph (4) of this Code section. With respect to any one contract holder covered by an unallocated annuity contract, the association shall be liable for not more than $5 million in benefits irrespective of the number of such contracts held by that contract holder. With respect to any other covered policy, the aggregate liability of the association on any one life shall not exceed $100,000.00 with respect to the payment of cash values or $300,000.00 for all benefits including

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cash values; provided, however, that with respect to claims under policies written to provide benefits as required under Chapter 9 of Title 34, relating to worker's compensation, such claims shall be in the full amount as provided by such chapter; and. 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 5, 1993. WASTE CONTROL LAW LITTER DEFINED; DUMPING PROHIBITED; PENALTIES. Code Section 16-7-42 Amended. Code Title 16, Chapter 7, Article 2, Part 3 Enacted. No. 354 (Senate Bill No. 275). AN ACT To amend Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to criminal trespass and damage to property, so as to provide a short title; to define certain terms; to proscribe the dumping of waste in certain places; to provide penalties; to provide an effective date; to provide for a rebuttable presumption; 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. Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to criminal trespass

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and damage to property, is amended by striking in its entirety paragraph (1) of Code Section 16-7-42, relating to definitions relative to litter control, and inserting in lieu thereof the following: (1) `Litter' means all discarded sand, gravel, slag, brickbats, rubbish, waste material, tin cans, refuse, garbage, trash, debris, dead animals, or other discarded materials of every kind and description which are not waste as such term is defined in paragraph (6) of Code Section 16-7-51. Section 2. Said article is further amended by inserting at the end thereof the following: Part 3 16-7-50. This part shall be known and may be cited as the `Waste Control Law.' 16-7-51. As used in this part, the term: (1) `Biomedical waste' means that term as defined in paragraph (1.1) of Code Section 12-8-22 on January 1, 1993. (2) `Commercial purpose' means for the purpose of economic gain. (3) `Dump' means to throw, discard, place, deposit, discharge, burn, or dispose of a substance. (4) `Hazardous substance' means that term as defined in paragraph (4) of Code Section 12-8-92 on January 1, 1993. (5) `Hazardous waste' means that term as defined in paragraph (10) of Code Section 12-8-62 on January 1, 1993. (6) `Waste' means all discarded substances and materials whatsoever exceeding 10 pounds in weight or 15 cubic feet in volume, or any such substance in any

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weight or volume if biomedical waste, hazardous waste, a hazardous substance, or any such substance or material dumped for commercial purposes. Such term includes, without limitation, sand; gravel; slag; brickbats; rubbish; waste material; tin cans; refuse; garbage; trash; debris; dead animals; bottles; boxes; containers; papers; tobacco products; tires; appliances; mechanical equipment or parts; building or construction materials; tools; machinery; wood; motor vehicles and motor vehicle parts; vessels; aircraft equipment; waste oil; batteries; antifreeze; sludge from a waste-water treatment facility, water supply treatment plant, or air pollution control facility; air contaminants from any source or facility; and any other discarded material or substance of every kind and description resulting from domestic, industrial, commercial, mining, or governmental operations. 16-7-52. (a) It shall be unlawful for any person to dump waste unless authorized to do so by law or by a duly issued permit: (1) In or on any public highway, road, street, alley, or thoroughfare, including any portion of the right-of-way thereof, or on any other public lands except in containers or areas lawfully provided for such dumping; (2) In or on any fresh-water lake, river, canal, or stream or tidal or coastal water of the state; or (3) In or on any private property, unless prior consent of the owner has been given and unless such dumping will not adversely affect the public health and is not in violation of any other state law, rule, or regulation. 16-7-53. (a) Any person who dumps waste in violation of Code Section 16-7-52 in an amount not exceeding 500 pounds in weight or 100 cubic feet in volume which is not biomedical waste, hazardous waste, or a hazardous substance and not for commercial purposes shall be guilty of a misdemeanor of a high and aggravated nature. For purposes of this subsection, each day a continuing violation occurs shall constitute a separate violation.

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(b) Any person who dumps waste in violation of Code Section 16-7-52 in an amount exceeding 500 pounds in weight or 100 cubic feet in volume shall upon the first offense be guilty of a misdemeanor of a high and aggravated nature and shall upon the second and each subsequent offense be guilty of a felony and, upon conviction thereof, shall be fined not more than $25,000.00 for each violation or imprisoned for not more than two years, or both. For purposes of this subsection, each day a continuing violation occurs shall constitute a separate violation. (c) Any person who dumps waste in violation of Code Section 16-7-52 in any quantity if the waste is biomedical waste, hazardous waste, or a hazardous substance or if the dumping is for commercial purposes shall be guilty of a felony and, upon conviction thereof, shall be fined not more than $25,000.00 for each violation or imprisoned for not more than two years, or both. For purposes of this subsection, each day a continuing violation occurs shall constitute a separate violation. (d) In addition to the penalties provided in subsections (a) and (b) of this Code section, the court may order the violator to remove or render harmless any waste dumped in violation of Code Section 16-7-52, repair or restore property damaged by or pay damages resulting from such dumping, or perform public service related to the removal of illegally dumped waste or to the restoration of an area polluted by such waste. 16-7-54. Whenever any waste which is dumped in violation of Code Section 16-7-52 is discovered to contain any article or articles, including but not limited to letters, bills, publications, or other writings which display the name of a person thereon, addressed to such person or in any other manner indicating that the article belongs or belonged to such person, it shall be a rebuttable presumption that such person has violated this part. 16-7-55. Nothing in this part shall limit the authority of any state agency to enforce any other laws, rules, or regulations

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relating to waste or the management of solid, biomedical, or hazardous waste. 16-7-56. Nothing in this part shall be construed so as to repeal, supersede, amend, or modify any provision of Title 12. 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 5, 1993. CONSERVATION AND NATURAL RESOURCES ENVIRONMENTAL PROTECTION DIVISION; HAZARDOUS SITES; INVENTORY. Code Title 12 Amended. No. 355 (Senate Bill No. 294). AN ACT To amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to provide that the director of the Environmental Protection Division of the Department of Natural Resources shall compile and update an inventory of hazardous sites in this state; to provide for the public filing of such inventories; to provide for certain rules and regulations of the Board of Natural Resources; to provide for permits for hazardous waste facilities; to provide for the determination by such director that certain property is in need of corrective action; to exempt certain large quantity generators and receiving facilities from paying certain fees; to provide for the severance of certain claims in certain civil actions; to provide for certain notices to certain property owners; to provide for

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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. Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended by striking in its entirety subparagraph (c)(3)(B) of Code Section 12-2-2, relating to the Environmental Protection Division of the Department of Natural Resources and related matters, and inserting in lieu thereof the following: (B) Persons are not aggrieved or adversely affected by the listing of property in the hazardous site inventory in accordance with Code Section 12-8-97, nor are persons aggrieved or adversely affected by an order of the director issued pursuant to Part 2 of Article 3 of Chapter 8 of this title, the `Georgia Hazardous Site Response Act,' unless or until the director seeks to recover response costs, enforce the order, or recover a penalty for violation of such order; provided, however, that persons are aggrieved or adversely affected if the director designates property as needing corrective action pursuant to paragraph (8) of subsection (a) of Code Section 12-8-97. Any person aggrieved or adversely affected by such designation shall be entitled to a hearing as provided in Code Section 12-8-73. Section 2. Said title is further amended by striking in its entirety subsections (a), (b), and (c) of Code Section 12-8-66, relating to permits for the construction, installation, operation, or alteration of hazardous waste facilities, and inserting in lieu thereof, respectively, the following: (a) No person shall, and it shall be unlawful and a violation of this part to, construct, install, operate, or substantially alter a hazardous waste facility without first obtaining and possessing a hazardous waste facility permit from the director. An application for a permit shall be submitted in such manner and on such forms as the director may prescribe. A permit shall be issued to an applicant on evidence, satisfactory to the director, of compliance with this part and

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any standards, requirements, or rules and regulations effective pursuant to this part. (b) The director may require that applications for such permits shall be accompanied by plans, data, specifications, engineering reports, designs, and such other information as the director deems necessary to make a determination of compliance with this part and the standards, requirements, or rules and regulations promulgated pursuant to this part. (c) The director may amend, modify, suspend, or revoke any permit issued for cause, including, but not limited to, the following: (1) Violation of any condition or provision of such permit or failure to comply with any final order of the director; (2) Failure to comply with this part or any rules or regulations promulgated pursuant to this part; (3) Obtaining a permit by misrepresentation or failure to disclose fully all relevant facts; or (4) When the permitted activity poses a threat to the environment or to the health of humans. Section 3. Said title is further amended by striking in its entirety paragraph (5) of Code Section 12-8-92, relating to definitions relative to the Georgia Hazardous Site Response Act, and inserting in lieu thereof the following: (5) `Inventory' means the hazardous site inventory compiled and updated by the division pursuant to Code Section 12-8-97. Section 4. Said title is further amended by striking at the end of paragraph (3) of subsection (b) of Code Section 12-8-93, relating to certain powers and duties of the Board of Natural Resources, the word and; by redesignating paragraph (4) of such subsection as paragraph (5); and by inserting immediately following paragraph (3) of such subsection the following:

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(4) Rules and regulations governing procedures and criteria for making a determination whether property requires corrective action pursuant to paragraph (8) of subsection (a) of Code Section 12-8-97; and. Section 5. Said title is further amended by striking in its entirety subsection (a) of Code Section 12-8-94, relating to certain powers and duties of the director of the Environmental Protection Division of the Department of Natural Resources, and inserting in lieu thereof the following: (a) In addition to the powers and duties specified in Code Section 12-8-65, the director shall have and may exercise the following powers and duties: (1) To make determinations, in accordance with procedures and criteria established by the board, as to whether property requires corrective action pursuant to the provisions of paragraph (8) of subsection (a) of Code Section 12-8-97; (2) To ensure that corrective action is taken for releases of hazardous wastes, hazardous constituents, or hazardous substances into the environment that pose a present or future danger to human health or the environment; (3) To collect fees for hazardous waste management activities; (4) To administer the hazardous waste trust fund and expend the principal and interest of such trust fund; and (5) To appoint a hazardous waste trust fund advisory committee and to consult with that committee in developing rules and regulations regarding criteria for compilation of the hazardous site inventory, site priorities, uses of the fund, cleanup standards, and deed notations. At a minimum, the director shall appoint to the committee four representatives from local government, four representatives from business and industry, and four representatives

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from other interested parties. Upon promulgation of rules and regulations in accordance with this part, the director shall no longer be required to consult with the committee; provided, however, that the director shall consult with the committee from time to time as necessary to adopt, promulgate, modify, amend, or repeal rules and regulations in accordance with this part. Section 6. Said title is further amended by striking in their entireties paragraphs (2) and (3) of subsection (a) of Code Section 12-8-95.1, relating to hazardous waste management fees, and inserting in lieu thereof the following: (2) Every large quantity generator of hazardous waste shall pay an annual fee of $10.00 per ton for hazardous waste disposed of or incinerated on site, $4.00 per ton for hazardous waste treated or stored on site, and $1.00 per ton for hazardous waste reused or recycled on site in accordance with rules and regulations promulgated pursuant to Part 1 of this article; provided, however, that no large quantity generator shall be liable for on-site hazardous waste management fees for disposal or incineration, treatment or storage, or recycling or reuse in any calendar year exceeding the following amounts and according to the following schedule: (A) Twenty-five thousand dollars for such payments due on July 1, 1993, and on July 1, 1994; (B) Fifty thousand dollars for such payments due on July 1, 1995, and on July 1, 1996; and (C) Seventy-five thousand dollars for such payments due on and after July 1, 1997; provided, further, that a large quantity generator which pays fees for the on-site treatment of waste water which is hazardous waste shall not also be required to pay fees under paragraph (1) of this subsection for any sludge removed during such treatment of waste water. A large quantity generator which pays fees for the off-site management of hazardous waste under paragraph (1) of this subsection for a hazardous waste which was previously managed on-site shall not pay

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the applicable on-site management fee for that hazardous waste; (3) Every person who receives hazardous waste generated outside this state shall pay an annual fee of $20.00 per ton for hazardous waste disposed of or incinerated, $16.00 per ton for hazardous waste treated or stored, and $2.00 per ton for hazardous waste that is recycled or reused in accordance with rules and regulations promulgated pursuant to Part 1 of this article; provided, however, that no person shall be liable for importation fees exceeding $75,000.00 per out-of-state generator in any calendar year. In no case shall any person who receives hazardous waste from any person outside this state and who pays an importation fee on such waste pursuant to this paragraph be liable for the off-site hazardous waste management fees required by paragraph (1) of this subsection. Persons who receive hazardous waste generated outside this state are not required to pay the fees required by this paragraph for those wastes generated by conditionally exempt small quantity generators which are located outside this state. For the purposes of this paragraph, a `conditionally exempt small quantity generator' means a generator who generates 220 pounds or less of hazardous waste in one month, as provided by rules promulgated by the board in accordance with this article. Section 7. Said title is further amended by striking in their entireties subsections (a) and (e) of Code Section 12-8-96.1, relating to liability for the cost of cleanup of certain hazardous waste releases, and inserting in lieu thereof, respectively, the following: (a) Each and every person who contributed to a release of a hazardous waste, a hazardous constituent, or a hazardous substance shall be jointly, severally, and strictly liable to the State of Georgia for the reasonable costs of activities associated with the cleanup of environmental hazards, including legal expenses incurred by the state pursuant to subsection (a) of Code Section 12-8-96, as a result of the failure of such person to comply with an order issued by the director. The person may, in addition, be liable for punitive damages in an amount at least equal to the costs incurred by the

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state and not more than three times the costs incurred by the state for activities associated with the cleanup of environmental hazards. Costs and damages incurred by the state may be recovered in a civil action instituted in the name of the director. All costs recovered by the state pursuant to this Code section shall be deposited into the hazardous waste trust fund. (e) During or following the undertaking of any corrective action, any person may seek contribution from any other person who has contributed or is contributing to any release of a hazardous waste, a hazardous constituent, or a hazardous substance. Such claims for contribution shall be governed by the law of this state. In resolving contribution claims, the court may allocate costs among liable parties using such equitable factors as the court determines to be appropriate. In any action filed by the director for the recovery of costs and damages pursuant to this Code section, any third-party claim for contribution may, upon the motion of the director, be severed and maintained as a separate action. Section 8. Said title is further amended by striking in its entirety Code Section 12-8-97, relating to hazardous site inventories, and inserting in lieu thereof the following: 12-8-97. (a) Beginning on July 1, 1994, the division shall compile and update as necessary an inventory of all known or suspected sites where hazardous wastes, hazardous constituents, or hazardous substances have been disposed of or released in quantities deemed reportable by rules or regulations of the board. At least annually, beginning July 1, 1994, the division shall send a copy of the inventory with the sites listed by county to the clerk of each superior court of the state, who shall place and maintain the most current copy of the inventory in the room or rooms in which the deed records of the county are kept. This inventory shall be called the hazardous site inventory. The inventory shall include: (1) The name of the property or another description identifying the site;

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(2) The location of the site; (3) The name of the owner of the site at the time of the site's inclusion in the inventory; (4) A general description of the type and quantity of hazardous wastes, hazardous constituents, or hazardous substances known or suspected to be at the site; (5) A general description of possible or known threats to human health or the environment posed by the site; (6) The status of any cleanup activities conducted by any person; (7) A relative priority for cleanup; (8) If a site is determined, in accordance with rules and regulations promulgated by the board, to require corrective action, a designation that corrective action is needed and a summary of needed actions; (9) If a site is considered not capable of posing or is no longer posing an environmental or human health hazard, a designation that no further action is required; and (10) The status of any actions contesting a determination that corrective action is needed. The division shall also publish annually a report of the fees collected and the funds appropriated to the hazardous waste trust fund and an accounting of all disbursements from such trust fund. (b) After July 1, 1993, the property owner of any site listed on the inventory which is designated as having a known release and which is designated as needing corrective action shall include the following notice in any deed, mortgage, deed to secure debt, lease, rental agreement, or other instrument given or caused to be given by the property

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owner which creates an interest in or grants a use of the property: `This property has been listed on the state's hazardous site inventory and has been designated as needing corrective action due to the presence of hazardous wastes, hazardous constituents, or hazardous substances regulated under state law. Contact the property owner or the Georgia Environmental Protection Division for further information concerning this property. This notice is provided in compliance with the Georgia Hazardous Site Response Act.' (c) After July 1, 1993, each property owner who owns a site listed on the inventory which is designated as having a known release and which is designated as needing corrective action shall cause to be prepared an affidavit of such fact in recordable form as set forth in subsection (c) of Code Section 44-2-20 and shall file such affidavit with the clerk of the superior court of each county in which the real property or any part thereof lies. Such affidavit shall be recorded in the clerk's deed records pursuant to Code Section 44-2-20. Such affidavit shall include a statement that the property has been listed on the state's hazardous site inventory and has been designated as needing corrective action due to the presence of hazardous wastes, hazardous constituents, or hazardous substances regulated under state law. Such affidavit shall be filed with the clerk within 45 days after receipt of notice by the property owner that the director has designated the property as needing corrective action; provided, however, that neither the affidavit required by this subsection or the notice required by subsection (b) of this Code section shall be required until any contest under subsection (f) of this Code section has been resolved adversely to the property owner. (d) After July 1, 1993, each property owner who owns real property upon which hazardous wastes, hazardous constituents, or hazardous substances have been disposed of or released in amounts exceeding reportable quantities shall, within 30 days of receipt of knowledge by the property owner of the release or disposal, notify the division in writing on

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such forms as may be provided by the director. This notification shall include the location, type, quantity, and date of such disposal or release, if known, and a summary of actions taken to investigate, cleanup, or remediate the site. Such notification shall include a quadrangle map prepared in accordance with the National Ocean Survey/National Geodetic Survey or a Georgia Coordinate System pursuant to Article 2 of Chapter 4 of Title 44 that clearly indicates the location of the disposal or release; provided, however, that any property owner that has notified the United States Environmental Protection Agency under Section 103(c) of the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, may satisfy this notification requirement by submitting a copy of the 103(c) notice together with such quadrangle map. (e) The provisions of this Code section shall not be applicable to emissions regulated under Article 1 of Chapter 9 of this title, `The Georgia Air Quality Act,' point source discharges regulated under Article 2 of Chapter 5 of this title, the `Georgia Water Quality Control Act,' or sites regulated solely by Chapter 13 of this title, the `Georgia Underground Storage Tank Act,' or substances regulated under Chapter 12 of this title, the `Georgia Asbestos Safety Act.' (f) The director shall provide a property owner with written notice of any determination to designate property as needing corrective action, including a statement concerning the requirements of subsections (b) and (c) of this Code section. The requirements of subsections (b) and (c) of this Code section shall be stayed by the filing of a petition for a hearing in accordance with Code Section 12-8-73 within 30 days of the issuance of the director's written notice of the director's determination to designate property as needing corrective action. Section 9. All laws and parts of laws in conflict with this Act are repealed.

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Section 10. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Approved April 5, 1993. STATE MERIT SYSTEM OF PERSONNEL ADMINISTRATION UNCLASSIFIED SERVICE TO INCLUDE CERTAIN INSURANCE DEPARTMENT EMPLOYEES. Code Section 45-20-2 Amended. No. 356 (Senate Bill No. 339). AN ACT To amend Code Section 45-20-2 of the Official Code of Georgia Annotated, relating to definitions regarding the State Merit System of Personnel Administration, so as to provide for the reclassification of certain employees employed by the Commissioner of Insurance; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 45-20-2 of the Official Code of Georgia Annotated, relating to definitions regarding the State Merit System of Personnel Administration, is amended by striking subparagraphs (AA) and (BB) of paragraph (15) and inserting in lieu thereof new subparagraphs (AA), (BB), and (CC) to read as follows: (AA) The employees in the positions in the job classification of `Clerk, Contingency' in the Department of Labor who are paid on an hourly basis. These employees shall continue not to be entitled to other benefits of employment, including, but not limited to, the accrual of annual and sick

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leave, membership within the Employees' Retirement System of Georgia, and inclusion under the health insurance plan for state employees as provided for in Article 1 of Chapter 18 of this title; (BB) The officers, officials, and employees of postsecondary technical schools which are operated by the Department of Technical and Adult Education, except those officers, officials, and employees already eligible to be covered by the state merit system by law or executive order; and (CC) The 39 positions funded by the General Assembly during the 1992 legislative session for the Insurance Department for the purposes of securing accreditation of the Insurance Department by the National Association of Insurance Commissioners. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1993. BANKING AND FINANCE DEPARTMENT APPROVAL OF ARTICLES OF INCORPORATION OF SPECIAL PURPOSE BANK. Code Section 7-1-394 Amended. No. 357 (Senate Bill No. 347). AN ACT To amend Code Section 7-1-394 of the Official Code of Georgia Annotated, relating to the investigation of and approval or disapproval of banks and trust companies, so as to authorize

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the Department of Banking and Finance to establish by rule or as a condition to the approval of articles of incorporation of a special purpose bank certain special conditions; to provide for editorial revision; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 7-1-394 of the Official Code of Georgia Annotated, relating to the investigation of and approval or disapproval of banks and trust companies, 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 or in Code Section 7-1-608 shall limit the authority of the department to approve the organization of a special purpose bank or trust company which does not do a general banking business with the public but is organized for the purpose of conducting a limited banking business which facilitates the economic, commercial, or export-import trade growth of this state. The department may establish, by rule or by condition to its approval of articles of incorporation of any special bank or of any credit card bank incorporated under the provisions of Chapter 5 of this title, such special provisions concerning distribution of ownership, composition of the board of directors, bylaws, or the conduct of corporate affairs for any such special purpose bank or credit card bank incorporated under the provisions of Chapter 5 of this title as it determines to be consistent with the special nature of such charters and their efficient operation and safe and sound banking practice; provided, however, in no event shall fewer than a majority of the directors of such special purpose bank or credit card bank be residents of this state. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 5, 1993.

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STATE PROPERTY TERMINATION OF AMENDMENT TO LEASES WITH CONSOLIDATED ATLANTA PROPERTIES, LTD. (CAPCO). No. 1 (Senate Resolution No. 119). A RESOLUTION Authorizing the termination of that certain Amendment to Leases (Consolidated Lease) entered into on April 25, 1974, by and between the State of Georgia (State) acting through the Governor and the Secretary of State and by virtue of and pursuant to Resolution Act No. 119 enacted by the 1974 Regular Session of the Georgia General Assembly and approved by the Governor of the State of Georgia on March 28, 1974 (Ga. L. 1974, pp. 1247-1407), as lessor, and Consolidated Atlanta Properties, Ltd. (CAPCO), as lessee; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, under and by virtue of the terms and provisions of the Consolidated Lease, the state leased and demised unto CAPCO and CAPCO leased and acquired from the state a leasehold interest in certain state owned real property (Property), more particularly described in the Consolidated Lease, which Property includes certain air space and improvements together with certain rights of support and is subject to certain enumerated encumbrances and other terms and conditions, all as set forth in the Consolidated Lease; and WHEREAS, the Consolidated Lease was amended by that certain Supplemental Amendment No. 1 entered into on April 19, 1979, by and between the state acting by and through the State Properties Commission and by virtue of and pursuant to Resolution Act No. 46 enacted by the 1979 Regular Session of the Georgia General Assembly and approved by the Governor of the State of Georgia on April 19, 1979 (Ga. L. 1979, pp. 1339-1363); and WHEREAS, the Consolidated Lease was amended by that certain Supplemental Amendment No. 2 entered into on May 13, 1980, by and between the state acting by and through

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the State Properties Commission and by virtue of and pursuant to Resolution Act No. 267 enacted by the 1980 Regular Session of the Georgia General Assembly and approved by the Governor of the State of Georgia on April 8, 1980 (Ga. L. 1980, pp. 1520-1537); and WHEREAS, the Consolidated Lease was amended by that certain Supplemental Amendment No. 3 entered into as of June 1, 1980, by and between the state acting by and through the State Properties Commission in accord with and pursuant to Section 57 of said Consolidated Lease, pursuant to which certain Lease Tracts 5 and 6 were severed from the Consolidated Lease; and WHEREAS, pursuant to Section 47 of the Consolidated Lease, certain lenders acquired Leasehold Mortgage security interest in the Consolidated Lease; and WHEREAS, on June 7, 1983, said lenders exercised a power of sale pursuant to said Leasehold Mortgage as a result of which their agent, Fairco Properties, Inc., became the lessee under the Consolidated Lease; and WHEREAS, Fairco Properties, Inc., has proposed to terminate the Consolidated Lease and, in consideration of such a termination, proposes to pay the sum of $400,000.00 to the State of Georgia, provided that the termination occurs on or before April 30, 1993; and, if such termination fails to occur prior to April 30, 1993, Fairco Properties, Inc., proposes to pay, in consideration of such a termination, a lesser sum reduced by $10,000.00 for each succeeding month following April 30, 1993; and WHEREAS, the General Assembly has determined that the proposal is in the best interest of the State of Georgia. NOW, THEREFORE, BE IT RESOLVED AND EN-ACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That the State of Georgia is the owner of the Property and that, in all matters relating to said Property

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and the Consolidated Lease, the State of Georgia is acting by and through the State Properties Commission. Section 2. That the Consolidated Lease be terminated. The State Properties Commission is authorized to enter into an agreement for the termination of the Consolidated Lease upon the principal terms included in this resolution and upon such other terms and conditions as the State Properties Commission determines to be in the best interest of the state. Section 3. That the chairman of the State Properties Commission, being the Governor of the State of Georgia, be and is authorized and empowered to execute said termination agreement and the secretary of the State Properties Commission, being the Secretary of State of the State of Georgia, is authorized and empowered to attest the signature of the Governor and to affix the Great Seal of the state and the Seal of the State Properties Commission thereto upon the obtaining by Fairco Properties, Inc., of the necessary agreement and execution. Section 4. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 5. That all laws and parts of laws in conflict with this resolution are repealed. Approved April 5, 1993.

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SAFETY BELTS FAILURE TO WEAR NOT EVIDENCE OF NEGLIGENCE; USE FOR MINORS OVER FOUR; FINE FOR DRIVER; RECORD NOT SENT TO DEPARTMENT OF PUBLIC SAFETY. Code Section 40-8-76.1 Amended. No. 358 (House Bill No. 4). AN ACT To amend Code Section 40-8-76.1 of the Official Code of Georgia Annotated, relating to the use of safety belts in passenger vehicles, so as to provide that failure to wear a seat belt shall not be evidence of negligence; to provide that in any case where a minor passenger over four years of age fails to use a safety belt in a passenger vehicle as required by law, the driver of the passenger vehicle shall be guilty of the offense of failure to secure a safety belt on a minor; to provide for a penalty; to provide that a record of the case shall not be forwarded 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. Code Section 40-8-76.1 of the Official Code of Georgia Annotated, relating to the use of safety belts in passenger vehicles, is amended by striking subsections (d) and (e) in their entireties and inserting in lieu thereof the following: (d) Failure to wear a seat safety belt shall not be considered evidence of negligence, shall not be considered by the court on any question of liability of any person, corporation, or insurer, shall not be any basis for cancellation of coverage or increase in insurance rates, and shall not diminish any recovery for damages arising out of the ownership, maintenance, occupancy, or operation of a passenger vehicle. (e) (1) Except as otherwise provided in paragraphs (2) and (3) of this subsection, a person failing to comply with the requirements of subsection (b) of this Code section shall not be guilty of any criminal act and shall not be

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guilty of violating any ordinance and shall not be issued a citation for violation of any provision of this title or any ordinance enacted pursuant thereto. Such person shall be warned that the failure to use a seat safety belt is dangerous to the person's safety and such person shall be encouraged to comply with the provisions of this Code section. (2) A person failing to comply with the requirements of subsection (b) of this Code section who is also charged with violating Code Section 40-6-181, Code Section 40-6-186, Code Section 40-6-271, Code Section 40-6-390, Code Section 40-6-391, Code Section 40-6-393, Code Section 40-6-394, or Code Section 40-6-395 shall be guilty of the offense of failure to wear a seat safety belt and, upon conviction thereof, may be fined not more than $15.00. The court imposing such fine shall not forward a record of the disposition of the case of failure to wear a seat safety belt to the Department of Public Safety. (3) Each minor over four years of age who is an occupant of a passenger vehicle shall, while such passenger vehicle is being operated on a public road, street, or highway of this state, be restrained by a seat safety belt approved under Federal Motor Vehicle Safety Standard 208. In any case where a minor passenger over four years of age fails to comply with the requirements of this paragraph, the driver of the passenger vehicle shall be guilty of the offense of failure to secure a safety belt on a minor and, upon conviction thereof, may be fined not more than $25.00. The court imposing such a fine shall not forward a record of the court disposition of the case of failure to secure a safety belt on a minor to the Department of Public Safety. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1993.

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BICYCLE SAFETY TRANSPORT OF CHILDREN AS PASSENGERS; VIOLATION NOT NEGLIGENCE PER SE; NO FINE OR IMPRISONMENT FOR VIOLATION BY PERSON UNDER 16; BICYCLE HELMETS REQUIRED FOR PERSONS UNDER 16; RENTAL; VIOLATION NOT NEGLIGENCE PER SE; NO FINE OR IMPRISONMENT FOR PERSONS UNDER 16. Code Sections 40-1-1, 40-6-292, and 40-6-296 Amended. No. 359 (Senate Bill No. 7). AN ACT To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change provisions relating to bicycle safety; to define certain terms; to regulate the carrying of children under certain ages as passengers on bicycles; to require the use of bicycle helmets by minors under a certain age; to require proof of compliance in connection with certain bicycle rentals and leases; to provide that failure to wear a helmet shall not be considered to constitute negligence or contributory negligence; to provide that persons under 16 years of age shall not be subject to any fine or imprisonment for any failure to wear a helmet; 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. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended in Code Section 40-1-1, relating to definitions of terms, by adding new paragraphs (6.1), (6.2), and (6.3) to read as follows: (6.1) `Bicycle path' means a right of way under the jurisdiction and control of this state or a local political subdivision thereof designated for use by bicycle riders.

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(6.2) `Bicycle trailer' means every device pulled by a bicycle and designed by the manufacturer of such device to carry human passengers. (6.3) `Infant sling' means every device which is designed by the manufacturer to be worn by a person for the purpose of carrying an infant either on the chest or back of the wearer. Section 2. Said title is further amended in Code Section 40-6-292, relating to riding and carrying passengers on bicycles, by adding new subsections (c), (d), (e), and (f) to read as follows: (c) No person shall transport a child under the age of one year as a passenger on a bicycle on a highway, roadway, bicycle path, or sidewalk; provided, however, that a child under the age of one year may be transported on a bicycle trailer or in an infant sling so long as such child is seated in the bicycle trailer or carried in an infant sling according to the bicycle trailer's or infant sling's manufacturer's instructions, and the bicycle trailer is properly affixed to the bicycle according to the bicycle trailer's manufacturer's instructions or the infant sling is properly worn by the rider of the bicycle according to the infant sling's manufacturer's instructions and such child transported in a bicycle trailer or infant sling is wearing a bicycle helmet as required under paragraph (1) of subsection (e) of Code Section 40-6-296. (d) No child between the ages of one year and four years shall ride as a passenger on a bicycle or bicycle trailer or be transported in an infant sling unless the child is securely seated in a child passenger bicycle seat, bicycle trailer, or infant sling according to the child passenger bicycle seat's, bicycle trailer's, or infant sling's manufacturer's instructions and the child passenger seat or bicycle trailer is properly affixed to the bicycle according to the child passenger bicycle seat's or bicycle trailer's manufacturer's instructions or the infant sling is worn according to the infant sling's manufacturer's instructions.

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(e) Violation of subsections (c) and (d) of this Code section shall not constitute negligence per se nor contributory negligence per se or be considered evidence of negligence or liability. (f) No person under the age of 16 years failing to comply with subsections (c) and (d) of this Code section may be fined or imprisoned. Section 3. Said title is further amended in Code Section 40-6-296, relating to bicycle equipment, by adding a new subsection (e) to read as follows: (e) (1) No person under the age of 16 years shall operate or be a passenger on a bicycle on a highway, bicycle path, or sidewalk under the jurisdiction or control of this state or any local political subdivision thereof without wearing a bicycle helmet. (2) For the purposes of this subsection, the term `bicycle helmet' means a piece of protective headgear which meets or exceeds the impact standards for bicycle helmets set by the American National Standards Institute (ANSI) or the Snell Memorial Foundation. (3) For the purposes of this subsection, a person shall be deemed to wear a helmet only if a helmet of good fit is fastened securely upon the head with the straps of the helmet. (4) No bicycle without an accompanying protective bicycle helmet shall be rented or leased to or for the use of any person under the age of 16 years unless that person is in possession of a bicycle helmet at the time of the rental or lease. (5) Violation of any provision of this subsection shall not constitute negligence per se nor contributory negligence per se or be considered evidence of negligence or liability.

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(6) No person under the age of 16 failing to comply with any provision of this subsection may be fined or imprisoned. Section 4. If any provision of this Act is held by a court to be invalid, such invalidity shall not affect the remaining provisions of this Act; and to this end the provisions of this Act are declared severable. Section 5. This Act shall become effective July 1, 1993. Section 6. All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1993. PATIENT SELF-REFERRAL ACT OF 1993 REFERRAL OF PATIENT BY HEALTH CARE PROVIDER TO ENTITY IN WHICH PROVIDER HAS INVESTMENT INTEREST. Code Sections 43-1B-1 through 43-1B-8 Enacted. No. 360 (House Bill No. 920). AN ACT To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for a short title; to provide for intent; to provide for definitions; to prohibit certain financial arrangements between referring health care providers and other providers of health care services; to provide for grounds for disciplinary action; to provide for disclosure of ownership and financial interests; to provide for exceptions; to provide for violations; to provide for penalties; to provide for an effective date and applicability; to provide for exceptions to the applicability of such provisions; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by adding, following Chapter 1A, a new Chapter 1B to read as follows: CHAPTER 1B 43-1B-1. This chapter shall be known and may be cited as the `Patient Self-referral Act of 1993.' 43-1B-2. It is recognized by the General Assembly that the referral of a patient by a health care provider to a provider of designated health care services in which the health care provider has an investment interest represents a potential conflict of interest. The General Assembly finds that these referral practices may limit or eliminate competitive alternatives in the health care services market, may result in overutilization of health care services, may increase costs to the health care system, and may adversely affect the quality of health care. The General Assembly also recognizes, however, that it may be appropriate for health care providers to own entities providing health care services, and to refer patients to such entities, as long as certain safeguards are present in the arrangement. It is the intent of the General Assembly to provide guidance to health care providers regarding prohibited patient referrals between health care providers and entities providing health care services and to protect the citizens of Georgia from unnecessary and costly health care expenditures. 43-1B-3. As used in this chapter, the term: (1) `Board' means any state examining board which, under the laws of this state, licenses, registers, or in any other way regulates any health care provider to whom this chapter applies. (2) `Designated health services' means clinical laboratory services, physical therapy services, rehabilitation

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services, diagnostic imaging services, pharmaceutical services, and outpatient surgical services. (3) `Entity' means any individual, partnership, firm, corporation, or other business entity. (4) `Fair market value' means value in arm's length transactions consistent with the general market value and, with respect to rentals or leases, the value of rental property for general commercial purposes, not taking into account its intended use, and, in the case of a lease of space, not adjusted to reflect the additional value the prospective lessee or lessor would attribute to the proximity or convenience to the lessor where the lessor is a potential source of patient referrals to the lessee. (5) `Group practice' means a group of two or more health care providers legally organized as a partnership, professional corporation, or similar association: (A) In which each health care provider who is a member of the group provides substantially the full range of services which the health care provider routinely provides, including medical care, consultation, diagnosis, or treatment, through the joint use of shared office space, facilities, equipment, and personnel; (B) For which substantially all of the services of the health care providers who are members of the group are provided through the group and are billed in the name of the group and amounts so received are treated as receipts of the group; and (C) In which the overhead expenses of and the income from the practice are distributed in accordance with methods previously determined by members of the group. (6) `Health care provider' means a physician, chiropractor, podiatrist, optometrist, pharmacist, or physical

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therapist who is licensed or otherwise regulated under this title. (7) `Immediate family member' means a health care provider's spouse, child, child's spouse, grandchild, grandchild's spouse, parent, parent-in-law, or sibling. (8) `Investment interest' means an equity or debt security issued by an entity, including, without limitation, shares of stock in a corporation, units or other interests in a partnership, bonds, debentures, notes, or other equity interests or debt instruments. The following investment interests shall be excepted from this definition: (A) An investment interest in an entity that is a provider of a designated health service solely in a rural area; (B) An investment interest in notes, bonds, debentures, or other debt instruments issued by an entity which provides designated health services, as an integral part of a plan by such entity to acquire such investor's equity investment interest in the entity, provided that the interest rate is consistent with fair market value, and that the maturity date of the notes, bonds, debentures, or other debt instruments issued by the entity to the investor is not later than July 1, 1996; (C) An investment interest in real property resulting in a landlord-tenant relationship between the health care provider and the entity in which the equity interest is held, unless the rent is determined, in whole or in part, by the business volume or profitability of the tenant or exceeds fair market value; (D) A financial relationship between a university, college, or other entity providing education and training in the health sciences, including its owned and affiliated hospitals, and any entity or entities through which its faculty and employees who are

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health care providers provide designated health services; or (E) An investment interest in a publicly held corporation with total assets over $50 million whose shares are traded on a national exchange or over-the-counter market if the investment interest is less than 1 percent of the corporation, there are no special stock classes for health care provider investors, and no income from the investment interest is tied to the volume of referrals. (9) `Investor' means a health care provider or entity owning a legal or beneficial ownership or investment interest, directly or indirectly, including, without limitation, through an immediate family member, trust, or another entity related to the investor within the meaning of 42 C.F.R. subsection 413.17, in an entity. (10) `Referral' means any referral of a patient for health care services, including, without limitation: (A) The forwarding of a patient by a health care provider to another health care provider or to an entity which provides or supplies designated health services or any other health care item or service; (B) The request or establishment of a plan of care by health care provider which includes the provision of designated health services or other health care item or service; or (C) The following orders, recommendations, or plans of care shall not constitute a referral by a health care provider: (i) By a radiologist for diagnostic imaging services; (ii) By a health care provider specializing in the provision of radiation therapy services for such services;

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(iii) By a health care provider referring within the health care provider's group practice; (iv) By a pathologist for diagnostic clinical laboratory tests and pathological examination services, if furnished by or under the supervision of such pathologist pursuant to a consultation requested by another health care provider; (v) By a staff health care provider of a hospital referring a patient to the hospital at which the health care provider has current staff privileges; (vi) By a health care provider for items or services provided by such health care provider or by a member of such health care provider's group practice to the patients of that health care provider or group practice or items or services provided or performed at the direction or under the supervision of such health care provider or group practice; or (vii) By a health care provider when the patient is in need of emergency health care services where any delay in treatment could reasonably be expected to jeopardize the life or health of the person affected. (11) `Rural area' means a county with a population density of no greater than 65 persons per square mile, as defined by the United States decennial census of 1990. 43-1B-4. Except as provided in this Code section: (1) A health care provider may not refer a patient for the provision of designated health services to an entity in which the health care provider has an investment interest. This prohibition includes any consideration paid as compensation or in any manner which is a product of, or incident to, or in any other way related to any membership, proprietary interest, or co-ownership with an individual,

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group, or organization to whom patients, clients, or customers are referred or to any employer-employee or independent contractor relationship including, without limitation, those that may occur in a limited partnership, profit-sharing arrangement, or other similar arrangement with any person licensed under this title to whom these patients are referred; (2) A board shall encourage the use by licensees of the declaratory statement procedure to determine the applicability of this Code section or any rule adopted pursuant to this Code section as it applies solely to the licensee. The board shall determine the name of any entity in which a health care provider investment interest has been approved pursuant to this Code section and the board shall adopt rules providing for periodic quality assurance and utilization review of such entities; (3) No claim for payment may be presented by a health care provider or an entity to any individual, third-party payor, or other entity for a service furnished pursuant to a referral prohibited under this Code section, and, further, a third-party payor may request annually and receive from the health care provider a copy of the disclosure form provided for in subsection (a) of Code Section 43-1B-5; (4) If the health care provider or entity collects any amount that was billed in violation of this Code section, the health care provider or entity shall refund such amount on a timely basis to the payor or individual, whichever is applicable; (5) Any person who presents or causes to be presented a bill or a claim for service that such person knows or should know is for a service for which payment may not be made under paragraph (3) of this Code section and for which a refund has not been made under paragraph (4) of this Code section shall be subject to a civil penalty of not more than $15,000.00 for each such service;

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(6) Any health care provider or other entity that enters into an arrangement or scheme, such as a cross-referral arrangement, which the health care provider or entity knows or should know has a principal purpose of assuring referrals by the health care provider to a particular entity which, if the health care provider directly made referrals to such entity, would be in violation of this Code section shall be subject to a civil penalty of not more than $50,000.00 for each such circumvention arrangement or scheme; (7) Any health care provider or entity that divides fees or agrees to divide fees received for a designated health service with any health care provider or entity solely for referring a patient shall be subject to a civil penalty of not more than $15,000.00 for each such service. The board shall develop rules regarding the prohibition of fee division and charging of fees solely for referral of a patient; and (8) A violation of this Code section by a health care provider shall constitute grounds for disciplinary action to be taken by the health care provider's respective board, including the potential for license revocation. 43-1B-5. (a) A health care provider shall not refer a patient to an entity in which such health care provider has an investment interest unless, prior to the referral, the health care provider furnishes the patient with a written disclosure form approved by the health care provider's respective board, informing the patient of: (1) The existence of the investment interest; (2) The name and address of each applicable entity in which the referring health care provider is an investor; and (3) The patient's right to obtain the items or services for which the patient has been referred at the location or from the health care provider or supplier of the patient's choice unless otherwise restricted by law, including

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the entity in which the referring health care provider is an investor. (b) The health care provider shall post a copy of the disclosure form provided for in subsection (a) of this Code section in a conspicuous public place in the health care provider's office. (c) The provisions of this Code section shall apply to all referrals made prior to July 1, 1996, and to referrals expressly exempted from the prohibitions contained in this chapter on and after that date. Nothing in this Code section shall be construed so as to authorize any referral otherwise prohibited by this chapter on and after July 1, 1996. (d) A violation of this Code section shall be grounds for disciplinary action by the board. 43-1B-6. (a) The provisions of Code Section 43-1B-4 shall not prohibit nor apply to the referral of patients to any entity or facility providing designated health services if there is no entity of facility of reasonable quality, price, or service in the community, alternative financing is not reasonably available, and all the following requirements are met: (1) No health care provider shall be required to make referrals or otherwise generate business as a condition for becoming or remaining an investor, and all other individuals are given a bona fide opportunity to invest in the facility on the same terms as a referring health care provider; (2) The facility shall not loan funds nor guarantee loans for referring health care providers, nor shall the income from the investment be based on the volume of referrals made by the health care provider; (3) The health care provider complies with Code Section 43-1B-5, requiring disclosure of the investment interest to the patient; and

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(4) The facility shall provide uncompensated health services for indigent or charity patients at a standard which meets or exceeds 3 percent of the gross revenues of the facility after provisions for bad debts and third-party adjustments have been deducted. The services offered shall be reasonably financially accessible to the residents of the facility's service area. (b) The provisions of this Code section shall be regulated by the State Health Planning Agency. 43-1B-7. Except for purposes of disclosure, as described in Code Section 43-1B-5, the provisions of this chapter shall not apply to referrals from a physician listed on a valid panel of physicians treating the claimant pursuant to Chapter 9 of Title 34, relating to workers' compensation, or the rules of the State Board of Workers' Compensation. 43-1B-8. Notwithstanding the provisions of this chapter, this chapter shall not apply to any health care provider or to any designated health service if the financial interest of such health care provider in such designated health service is restricted or regulated pursuant to any federal law which is applicable to such health care provider or designated health service and which covers private paying patients as well as medicare or Medicaid patients. Section 2. This Act shall become effective July 1, 1993, and shall apply to referrals for designated health services and other health care items or services made on or after July 1, 1993, provided that with respect to an investment interest acquired by an investor before July 1, 1993, Code Section 43-1B-4 shall not apply to referrals for designated health services and other health care items or services occurring before July 1, 1996. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1993.

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STATE PURCHASING RECOVERED MATERIALS; LEGISLATIVE INTENT; RECYCLED FIBER CONTENT OF PAPER PURCHASES; PERCENTAGE SCHEDULE; RETREADED TIRES; PREFERENCE FOR COMPOST AND MULCH; POLICIES TO REDUCE AND REUSE MATERIALS. Code Section 50-5-60.2 Amended. Code Section 50-5-60.3, 50-5-60.4, and 50-5-60.5 Enacted. No. 361 (Senate Bill No. 9). AN ACT 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 procedures of the Department of Administrative Services relative to state purchasing, so as provide for legislative intent; to define certain terms; to provide purchasing guidelines for state agencies for paper containing recycled content; to require the use of retreaded tires; to require the use of compost and mulch by state agencies; to require standards for compost and mulch; to require the reduction and reuse of materials used by state departments, agencies, and authorities; to provide for the use of certain types of copier machines; 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. It is declared to be the policy of the State of Georgia, in furtherance of its responsibility to protect and enhance the quality of its environment, to institute and maintain a comprehensive program for the procurement of products that contain recovered materials. The General Assembly finds that it is in the public interest for the state to create incentives that increase the demand for products manufactured with recovered materials. The purchasing power of state government can be used to stimulate demand for products manufactured with recovered

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materials. By increasing the demand for such products, landfill space will be saved and pollution will be reduced. Section 2. Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedures of the Department of Administrative Services relative to state purchasing, is amended by striking in its entirety Code Section 50-5-60.2, relating to the limits on expenditures for recycled paper products, which reads as follows: 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., and inserting in its place a new Code Section 50-5-60.2 to read as follows: 50-5-60.2. (a) As used in this Code section, the term: (1) `Annual aggregate' means the total purchases for printing, writing, and computer paper within a fiscal year. (2) `Mill broke' means any paper waste generated in a paper mill prior to the completion of the paper-making process up to and including the cutting and trimming of the paper machine reel into small rolls or rough sheets. (3) `Recycled fiber content' means those materials and by-products that have been recovered or diverted from the solid waste stream. Such term does not include sawdust, wood chips, wood slabs, or the virgin content of mill broke. (b) Each agency, department, and authority of state government shall meet the following annual aggregate schedule for the purchase of printing paper, writing paper, and computer paper including, but not limited to, stationery, envelopes, copier paper, bond, and greenbar:

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(1) At least 25 percent of the total fiber content shall be recycled fiber content by July 1, 1994; (2) At least 40 percent of the total fiber content shall be recycled fiber content by July 1, 1995; and (3) At least 50 percent of the total fiber content shall be recycled fiber content by July 1, 1996. (c) Each agency, department, and authority of state government shall document compliance with the schedule in subsection (b) of this Code section by filing an annual report with the Governor, Lieutenant Governor, and Speaker of the House of Representatives by the first day of September of each year, beginning in 1994. If an agency, department, or authority has failed to comply with such schedule, it shall give specific reasons, corroborated by documentation, for such failure. (d) The Department of Administrative Services shall facilitate the acquisition of the products needed to meet the requirements of subsection (b) of this Code section through the removal of barriers to the purchasing of recycled products, central purchasing, contract purchases, or delegation. (e) The Department of Administrative Services shall develop and publish not later than July 31, 1993, a process for reporting purchases of recycled printing, writing, and computer paper which specifies its recycled content, if any. Such department shall develop and implement educational programs to assist agencies, departments, and authorities in meeting the requirements of this part to maximize both purchasing power and the purchase of recycled products in the most cost efficient manner for each such agency, department, and authority. Section 3. Said part is further amended by adding, following Code Section 50-5-60.2, Code Sections 50-5-60.3, 50-5-60.4, and 50-5-60.5, to read as follows: 50-5-60.3. All state agencies, departments, and authorities shall replace original truck tires of over 16 inch rim size

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used on nonsteering axles with retreaded tires or subscribe to a retread service as replacement is necessary and as stockpiled tires are depleted; provided, however, that nothing in this Code section shall be construed so as to discourage the use of retreaded tires on other size rims or other types of vehicles if an agency, department, or authority deems such use to be economical, feasible, and desirable. 50-5-60.4. (a) All state agencies, departments, and authorities responsible for the maintenance of public lands shall give preference to the use of compost and mulch in all road building, land maintenance, and land development activities. Preference shall be given to compost and mulch made in the state of Georgia from organics which are source separated from the state's nonhazardous solid waste stream. (b) The Department of Agriculture shall develop and publish standards for the compost and mulch required by subsection (a) of this Code section by January 1, 1994. 50-5-60.5. In addition to recycling, each state agency, department, and authority shall take action to implement policies which require reduction and reuse of materials generated by state agencies. These policies shall include, but not be limited to, double-sided printing and copying, refilling and reusing laser printer cartridges, the purchase of source reduced products, and where feasible discontinuing the use of 8 [UNK] 14 paper. Replacement copier machines should include double-sided copying capability and shall be compatible with the use of paper containing recycled content. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1993.

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BINGO OPERATION OF RECREATIONAL BINGO GAMES; LICENSING NOT REQUIRED; DEFINITIONS. Code Sections 16-12-50, 16-12-51, 16-12-52, and 16-12-62 Amended. No. 362 (House Bill No. 174). AN ACT To amend Part 2 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to bingo, so as to provide for the operation of recreational bingo games which shall not be subject to the same licensing requirements and regulations applicable to certain bingo games operated by nonprofit, tax-exempt organizations; to change the provisions relating to legislative intent in connection with the operation of bingo games; to define the term recreational bingo; to provide that recreational bingo shall not be considered a lottery or a form of gambling; to make it unlawful for certain organizations to operate a recreational bingo game or session; to provide penalties; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Part 2 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to bingo, is amended by striking in its entirety Code Section 16-12-50, relating to legislative intent in connection with the operation of bingo games, and inserting in lieu thereof a new Code Section 16-12-50 to read as follows: 16-12-50. It is the intention of the General Assembly that, except for recreational bingo, only nonprofit, tax-exempt organizations which are properly licensed pursuant to this part shall be allowed to operate bingo games. Section 2. Said part is further amended by adding at the end of Code Section 16-12-51, relating to definitions in connection with the operation of bingo games, a new paragraph (5) to read as follows:

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(5) `Recreational bingo' means a bingo session operated by any person or entity at no charge to participants in which the prizes for each bingo game during the bingo session shall be noncash prizes and the total of such prizes for each such game shall not exceed the amount established pursuant to regulations established by the director. No such prize awarded in recreational bingo shall be exchanged or redeemed for money or for any other prize with a value in excess of the amount established pursuant to regulations established by the director. Recreational bingo shall not be considered a lottery as defined in paragraph (4) of Code Section 16-12-20 or a form of gambling as defined in Code Section 16-12-21. Section 3. Said part is further amended by striking in its entirety Code Section 16-12-52, relating to the required license to operate a bingo game, and inserting in lieu thereof a new Code Section 16-12-52 to read as follows: 16-12-52. (a) Any other law to the contrary notwithstanding except for subsection (b) of this Code section, no nonprofit, tax-exempt organization shall be permitted to operate a bingo game until the director issues a license to the organization authorizing it to do so. In the event of any controversy concerning whether or not certain activity constitutes bingo for which a license may be issued, the decision of the director shall control. The license described in this Code section is in addition to and not in lieu of any other licenses which may be required by this state or any political subdivision thereof, and no bingo game shall be operated until such time as all requisite licenses have been obtained. (b) Recreational bingo is a nonprofit bingo game and shall not be subject to the licensing requirements and regulations provided in this part applicable to bingo games not considered recreational bingo and operated by nonprofit, tax-exempt organizations. It shall be unlawful for any organization licensed under subsection (a) of this Code section to operate a recreational bingo game or session. Section 4. Said part is further amended by striking in its entirety Code Section 16-12-62, relating to penalties in connection

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with the unlawful operation of bingo games, and inserting in lieu thereof a new Code Section 16-12-62 to read as follows: 16-12-62. Any person who operates a bingo game for which a license is required without a valid license issued by the director as provided in this part commits the offense of commercial gambling as defined in Code Section 16-12-22 and, upon conviction thereof, shall be punished accordingly. Any person who knowingly aids, abets, or otherwise assists in the operation of a bingo game for which a license is required and has not been obtained as provided in this part similarly commits the offense of commercial gambling. Any person who violates any other provision of this part, including the provisions relating to recreational bingo, shall be guilty of a misdemeanor of a high and aggravated nature. Any person who commits any such violation after having previously been convicted of any violations of this part shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years or by a fine not to exceed $10,000.00, or both. Section 5. All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1993. ALCOHOLIC BEVERAGES MALT; PRODUCTION BY HEAD OF THE HOUSEHOLD; LIMIT. Code Section 3-5-4 Enacted. No. 363 (House Bill No. 197). AN ACT To amend Article 1 of Chapter 5 of Title 3 of the Official Code of Georgia Annotated, relating to general provisions regarding malt beverages, so as to provide that a head of a household

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may produce 50 gallons of malt beverages per year for home consumption without being licensed or paying excise taxes; to provide a definition; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 1 of Chapter 5 of Title 3 of the Official Code of Georgia Annotated, relating to general provisions regarding malt beverages, is amended by adding at the end thereof a new Code Section 3-5-4 to read as follows: 3-5-4. (a) A head of a household may produce 50 gallons of malt beverages in any one calendar year to be consumed within his or her own household without any requirement to be licensed for such purpose. No malt beverages produced under this subsection shall be sold or offered for sale. Malt beverages so produced shall not be subject to any excise tax imposed by this chapter. (b) For purposes of this Code section, a single person who is not a dependent of another person for purposes of Georgia income taxation shall be considered a head of a household. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1993.

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INSURANCE ANTI-CANCER DRUG THERAPY; COVERAGE. Code Title 33, Chapter 53 Enacted. No. 364 (House Bill No. 741). AN ACT To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to require insurance coverage for certain types of anti-cancer drug therapy; to provide for definitions; to provide for conditions of coverage; to provide for enforcement; to provide 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, is amended by adding a new Chapter 53 to read as follows: CHAPTER 53 33-53-1. As used in this chapter: (1) `Commissioner' means the Commissioner of Insurance of the State of Georgia. (2) `Drug' means a drug or biologic that is used in an antineoplastic regimen. (3) `Insurance policy' means an individual accident and sickness policy of insurance issued pursuant to Chapter 29 of this title or a group accident and sickness insurance policy issued pursuant to Chapter 30 of this title. (4) `Standard reference compendium' means any of the following:

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(A) The United States Pharmacopeia Drug Information; (B) The American Medical Association Drug Evaluations; (C) The American Hospital Formulary Service Drug Information. 33-53-2. An insurance policy that provides coverage for drugs may not exclude coverage of a covered drug on the grounds that the drug has not been approved by the federal Food and Drug Administration for the particular indication if any of the following conditions are met: (1) The drug is recognized for treatment of the indication in at least one standard reference compendium; (2) The drug is recommended for that particular type of cancer and found to be safe and effective in formal clinical studies, the results of which have been published in a peer-reviewed professional medical journal published in either the United States or Great Britain. 33-53-3. The Commissioner is authorized to enforce the provisions of this chapter. 33-53-4. This chapter shall not be deemed to do any of the following: (1) Require coverage for any drug when the federal Food and Drug Administration has determined the drug's use to be contraindicated; (2) Require coverage for an experimental drug not approved for any indication by the federal Food and Drug Administration; (3) Alter any other law limiting the coverage of drugs that have not been approved by the federal Food and Drug Administration.

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Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1993. EDUCATION LOCAL BOARDS EXEMPT FROM CERTAIN COUNTY AND MUNICIPAL FEES. Code Section 20-2-261 Amended. No. 365 (House Bill No. 255). AN ACT To amend Code Section 20-2-261 of the Official Code of Georgia Annotated, relating to minimum educational facility requirements, so as to exempt local boards of education from certain county and municipal fees and assessments; to provide for automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 20-2-261 of the Official Code of Georgia Annotated, relating to minimum educational facility requirements, is amended by adding at the end a new subsection to read as follows: (d) A local board of education shall be exempt from county and municipal assessments and fees for county and municipal building permits and inspections and exempt from county and municipal impact fees. This subsection shall be automatically repealed December 31, 1995.

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Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1993. INSURANCE ACCIDENTS INVOLVING A FIREFIGHTER OR EMERGENCY MEDICAL TECHNICIAN; SURCHARGE OF PREMIUM OR RATE PROHIBITED. Code Section 33-9-39 Amended. No. 366 (House Bill No. 69). AN ACT To amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to regulation of rule making, rates, and related matters relative to insurance, so as to provide that no insurer shall surcharge the premium or rate charged on a policy of motor vehicle insurance for accidents involving a firefighter or emergency medical technician while on duty; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to regulation of rule making, rates, and related matters relative to insurance, is amended by striking in its entirety Code Section 33-9-39, relating to restrictions on motor vehicle insurance surcharges relating to accidents involving law enforcement officers, and inserting in lieu thereof the following: 33-9-39. No insurer shall surcharge the premium or rate charged on a policy of motor vehicle insurance which provides coverage for the personal motor vehicles of any law

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enforcement officer, firefighter, or emergency medical technician in this state for any accident: (1) Which occurred while the law enforcement officer, firefighter, or emergency medical technician was lawfully engaged in the performance of official duties; (2) Which occurred while the law enforcement officer, firefighter, or emergency medical technician was driving an official vehicle; and (3) For which the law enforcement officer, firefighter, or emergency medical technician furnishes proof, in the form of copies of the employing agency's documents, to the insurer of the conditions provided in paragraphs (1) and (2) of this Code section. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1993. BANKING AND FINANCE MORTGAGE LENDERS AND BROKERS; LICENSING; FEES; PRACTICES AND PROCEDURES. Code Title 7, Chapter 1, Article 13 Enacted. No. 367 (House Bill No. 237). AN ACT To amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to add a new article to provide for the licensing of mortgage lenders and mortgage brokers; to define certain terms; to provide for inapplicability for certain persons and entities; to provide for the registration of certain persons exempt from licensing requirements; to prohibit the transaction of a mortgage lending or brokerage

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business without a license or compliance with registration requirements; to provide for applications; to provide for licensing requirements and fees; to provide for the scope of licenses and additional licenses; to provide for the term and renewal of licenses; to provide for suspension and revocation of licenses; to provide for examinations and investigations; to provide for notices, reports, and other requirements relative to licensees and registrants; to prohibit certain acts; to provide for disclosure requirements regarding mortgage loans; to provide for requirements relative to escrow accounts and advertisements; to authorize rules and regulations; to provide for administrative orders and actions relative to such orders; to provide civil and criminal penalties; to provide for statutory construction; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, is amended by adding a new Article 13 to read as follows: ARTICLE 13 7-1-1000. As used in this article, the term: (1) `Extortionate means' means the use or the threat of violence or other criminal means to cause harm to the person, reputation of the person, or property of the person. (2) `License' means a license issued by the department under this article to act as a mortgage lender or mortgage broker. (3) `Makes a mortgage loan' means to advance funds, offer to advance funds, or make a commitment to advance funds to an applicant for a mortgage loan. (4) `Misrepresent' means to make a false statement of a substantive fact or to engage in, with the intent to

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deceive or mislead, any conduct which leads to a false belief which is material to the transaction. (5) `Mortgage broker' means any person who directly or indirectly solicits, processes, places, or negotiates mortgage loans for others, or offers to solicit, process, place, or negotiate mortgage loans for others or who closes mortgage loans which may be in the mortgage broker's own name with funds provided by others and which loans are assigned within 24 hours of the funding of the loans to the mortgage lenders providing the funding of such loans. (6) `Mortgage lender' means any person who directly or indirectly makes, originates, or purchases mortgage loans or who services mortgage loans. (7) `Mortgage loan' means a loan made to a natural person which loan is secured by a mortgage or deed of trust upon any interest in one-to-four family residential property located in Georgia, regardless of where made, including the renewal or refinancing of any such loan. (8) `Person' means any individual, sole proprietorship, corporation, partnership, trust, or any other group of individuals, however organized. (9) `Registrant' means any person required to register under subsection (b) of Code Section 7-1-1001. (10) `Residential property' means improved real property used or occupied, or intended to be used or occupied, as the principal residence of a natural person. (11) `Service a mortgage loan' means the collection or remittance for another or the right to collect or remit for another of payments of principal, interest, trust items such as insurance and taxes, and any other payments pursuant to a mortgage loan. (12) `Ultimate equitable owner' means a natural person who, directly or indirectly, owns or controls an ownership

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interest in a corporation or any other form of business organization, regardless of whether such natural person owns or controls such ownership interest through one or more natural persons or one or more proxies, powers of attorneys, nominees, corporations, associations, partnerships, trusts, joint-stock companies, other entities or devices, or any combination thereof. 7-1-1001. (a) The following persons shall not be subject to the provisions of this article, unless otherwise provided by this article: (1) Any lender authorized to engage in business as a bank, credit card bank, savings institution, building and loan association, or credit union under the laws of the United States, any state or territory of the United States, or the District of Columbia, the deposits of which are federally insured; (2) Any person subject to being examined by the department; (3) An attorney at law licensed to practice law in Georgia who is not principally engaged in negotiating mortgage loans when such attorney renders services in the course of his or her practice as an attorney at law; (4) A real estate broker or real estate salesperson not actively engaged in the business of negotiating mortgage loans; however, a real estate broker or real estate salesperson who receives any fee, commission, kickback, rebate, or other payment for directly or indirectly negotiating, placing, or finding a mortgage for others shall not be exempt from the provisions of this article; (5) Any person performing any act relating to mortgage loans under order of any court; (6) Any natural person or the estate of or trust created by a natural person making a mortgage loan with his or her own funds for his or her own investment, including those natural persons or the estates of or trusts created

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by such natural persons who make a purchase money mortgage for financing sales of their own property. (7) The United States of America, the State of Georgia or any other state, and any agency, division, or corporate instrumentality of any governmental entity, including without limitation: the Georgia Housing and Finance Authority, the Georgia Development Authority, the Federal National Mortgage Association (FNMA), the Federal Home Loan Mortgage Corporation (FHLMC), the Government National Mortgage Association (GNMA), the United States Department of Housing and Urban Development (HUD), the Federal Housing Administration (FHA), the Department of Veterans Affairs (VA), the Farmers Home Administration (FmHA), and the Federal Land Banks and Production Credit Associations; (8) Any person who makes a mortgage loan to an employee of such person as an employment benefit; (9) Any licensee under Chapter 3 of this title, the `Georgia Industrial Loan Act,' provided that any mortgage loan made by such licensee is for $3,000.00 or less; (10) Nonprofit corporations making mortgage loans to promote home ownership or improvements for the disadvantaged; (11) A natural person employed by a licensed mortgage broker, a licensed mortgage lender, or any lender exempted from the provisions of this article under paragraph (1) of this subsection when acting within the scope of employment with the licensee or exempted lender; or (12) Any person who purchases mortgage loans from a mortgage broker or mortgage lender solely as an investment and who is not in the business of brokering, making, or servicing mortgage loans. (b) Any person claiming an exemption under paragraph (1) of subsection (a) of this Code section who has no business

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location in this state and any person claiming an exemption under paragraph (2) of subsection (a) of this Code section shall register initially with the department on or before July 1, 1993, and thereafter shall register with the department on or before June 1 of each year providing the department with such information as the department may prescribe by regulation, including, but not limited to, the business addresses at which such person engages in any business activities covered by this article and a telephone number that customers may use to contact such person. Registration under this subsection shall be accompanied by a registration fee to be established by regulation of the department. No person required to register under this subsection shall transact business in this state directly or indirectly as a mortgage broker or a mortgage lender unless such person is registered with the department. 7-1-1002. On and after July 1, 1993, it is prohibited for any person to transact business in this state directly or indirectly as a mortgage broker or a mortgage lender unless such person: (1) Is licensed as such by the department; or (2) Is a person exempted from the licensing requirements pursuant to Code Section 7-1-1001. 7-1-1003. (a) An application for a license under this article shall be made in writing, under oath, and in such form as the department may prescribe. (b) The application shall include the following: (1) The legal name, residence, and business address of the applicant and, if the applicant is a partnership, association, or corporation, of every member, officer, and director thereof; (2) The name under which the applicant will conduct business in Georgia;

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(3) The complete address of the applicant's initial registered office and any other locations at which the applicant will engage in any business activity covered by this article; (4) The general plan and character of the business; (5) A financial statement of the applicant; and (6) Such other data, financial statements, and pertinent information as the department may require with respect to the applicant, its directors, trustees, officers, members, agents, or ultimate equitable owners of 10 percent or more of the applicant. (c) The application shall be filed together with: (1) Investigation and supervision fees established by regulation. The investigation fee shall not be refundable; provided, however, any supervision fee paid at the time of the application shall be refunded if the license is not granted; and (2) A corporate surety bond issued by a bonding company or insurance company authorized to do business in this state and approved by the department. The bond for a mortgage lender shall be in the principal sum of $100,000.00 or such greater sum as the department may require. The bond for a mortgage broker shall be in the principal sum of $50,000.00 or such greater sum as the department may require. The bond shall be in a form satisfactory to the department and shall run to the State of Georgia for the benefit of any persons damaged by noncompliance of a licensee with any condition of such bond. Such bond shall be continuously maintained thereafter in full force. Such bond shall be conditioned upon the applicant or the licensee conducting his or her licensed business in conformity with this article and all applicable laws. Any person who may be damaged by non-compliance of a licensee with any condition of such bond may proceed on such bond against the principal or surety thereon, or both, to recover damages. The provisions of

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this paragraph shall not apply to any mortgage lender who has a bona fide and verifiable tangible net worth of $250,000.00 or to any mortgage broker who has a bona fide and verifiable tangible net worth of $25,000.00. 7-1-1004. (a) Upon receipt of an application for license, the department shall conduct such investigation as it deems necessary to determine that the applicant and its officers, directors, and principals are of good character and ethical reputation; that the applicant demonstrates reasonable financial responsibility; that the applicant has reasonable policies and procedures to receive and process customer grievances and inquiries promptly and fairly; and that the applicant has and maintains an agent for service in this state. (b) The department shall not license any applicant unless it is satisfied that the applicant may be expected to operate its mortgage lending or brokerage activities in compliance with the laws of this state and in a manner which protects the contractual and property rights of the citizens of this state. (c) The department shall not license any mortgage lender unless the applicant submits audited financial statements covering the applicant's most recent fiscal year preceding the date of the application or such other financial data as the department may require which disclose that the applicant has a bona fide and verifiable tangible net worth of $250,000.00 or such greater amount as the department may require, which net worth must be continuously maintained as a condition of licensure. (d) The department may not issue a license if it finds that the applicant, or any person who is a director, officer, partner, agent, employee, or ultimate equitable owner of 10 percent or more of the applicant, has been convicted of a felony involving moral turpitude in any jurisdiction or of a crime which, if committed within this state, would constitute a felony involving moral turpitude under the laws of this state. For the purposes of this article, a person shall be deemed to have been convicted of a crime if such person

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shall have pleaded guilty to a charge thereof before a court or federal magistrate, or shall have been found guilty thereof by the decision or judgment of a court or federal magistrate or by the verdict of a jury, irrespective of the pronouncement of sentence or the suspension thereof, unless such plea of guilty, or such decision, judgment, or verdict, shall have been set aside, reversed, or otherwise abrogated by lawful judicial process or unless the person convicted of the crime shall have received a pardon therefor from the President of the United States or the Governor or other pardoning authority in the jurisdiction where the conviction was had, or shall have received a certificate of good conduct granted by the State Board of Pardons and Paroles pursuant to the provisions of the executive law to remove the disability under this subsection because of such conviction. (e) The department may deny a license or otherwise restrict a license if it finds that the applicant, or any person who is a director, officer, partner, agent, or ultimate equitable owner of 10 percent or more of the applicant, has had a license denied, revoked, or suspended within one year of the date of the application. (f) Within 90 days after receipt of a completed application and payment of licensing fees prescribed by this article, the department shall either grant or deny the request for license. 7-1-1005. A license may be renewed for the ensuing 12 month period upon the filing of an application substantially conforming to the requirements of Code Section 7-1-1003 with such modifications as the department may specify and as may be necessary. The department shall adopt rules establishing a procedure for the annual renewal of licenses. No investigation fee shall be payable in connection with such renewal application, but an annual license fee established by regulation of the department to defray the cost of supervision shall be paid with each renewal application, which fee shall not be refunded or prorated if the renewal application is approved and the renewal license thereunder goes into effect on the following October 1.

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7-1-1006. (a) Each license issued under this article shall state the address or addresses at which business is to be conducted, the name of the licensee, and the date and place of its incorporation, if applicable. (b) A licensee shall post a copy of such license in a conspicuous place in each place of business of the licensee. (c) A license may not be transferred or assigned. (d) No licensee shall transact business under any name other than that designated in the license. (e) Each licensee shall notify the department in writing of any change in the address of the principal place of business or of any additional location of business, any change of principal officer, director, or ultimate equitable owner of 10 percent or more of any corporation or other entity licensed under this article, or of any material change in the licensee's financial statement, not later than 30 business days after the change is effective. (f) No licensee shall open an additional office without prior approval of the department. Applications for such approval shall be made in writing on a form prescribed by the department and shall be accompanied by payment of a $350.00 nonrefundable application fee. The applicants shall be approved unless the department finds that the applicant has not conducted business under this article efficiently, fairly, in the public interest, and in accordance with law. The application shall be deemed approved if notice to the contrary has not been mailed by the department to the applicant within 30 days of the date the application is received by the department. After approval, the applicant shall give written notice to the department within 10 days of the commencement of business at the additional office. 7-1-1007. (a) A licensee shall give notice to the department by registered or certified mail of any action which may be brought against it by any creditor or borrower where such action is brought under this article, involves a claim against the bond filed with the department for the purposes of compliance

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with Code Section 7-1-1003, or involves a claim for damages in excess of 10 percent of the tangible net worth of the licensee and of any judgment which may be entered against it by any creditor or any borrower or prospective borrower, with details sufficient to identify the action or judgment, within 30 days after the commencement of any such action or the entry of any such judgment. The corporate surety shall, within 10 days after it pays any claim to any creditor or claimant, give notice to the department by registered or certified mail of such payment with details sufficient to identify the claimant or creditor and the claim or judgment so paid. Whenever the principal sum of such bond is reduced by one or more recoveries or payments thereon, the licensee shall furnish a new or additional bond so that the total or aggregate principal sum of such bond or bonds shall equal the sum required under Code Section 7-1-1003 or shall furnish an endorsement duly executed by the corporate surety reinstating the bond to the required principal sum thereof. (b) A bond filed with the department for the purpose of compliance with Code Section 7-1-1003 may not be canceled by either the licensee or the corporate surety except upon notice to the department by registered or certified mail with return receipt requested, the cancellation to be effective not less than 30 days after receipt by the department of such notice and only with respect to any breach of condition occurring after the effective date of such cancellation. 7-1-1008. (a) Except as provided in this Code section, on and after July 1, 1993, no person shall acquire directly or indirectly 25 percent or more of the voting shares of a corporation or 25 percent or more of the ownership of any other entity licensed to conduct business under this article unless it first: (1) Files an application with the department in such form as the department may prescribe from time to time; (2) Delivers such other information to the department as the department may require concerning the financial responsibility, background, experience, and activities

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of the applicant, its directors and officers, if a corporation, and its members, if applicable, and of any proposed new directors, officers, or members of the licensee; and (3) Pays such application fee as the department may prescribe. (b) Upon the filing and investigation of an application, the department shall permit the applicant to acquire the interest in the licensee if it finds that the applicant and its members, if applicable, its directors and officers, if a corporation, and any proposed new directors and officers have the financial responsibility, character, reputation, experience, and general fitness to warrant belief that the business will be operated efficiently and fairly, in the public interest, and in accordance with law. The department shall grant or deny the application within 60 days from the date a completed application accompanied by the required fee is filed unless the period is extended by order of the department reciting the reasons for the extension. If the application is denied, the department shall notify the applicant of the denial and the reasons for the denial. (c) The provisions of this Code section shall not apply to: (1) The acquisition of an interest in a licensee directly or indirectly including an acquisition by merger or consolidation by or with a person licensed by this article or a person exempt form this article under Code Section 7-1-1001; (2) The acquisition of an interest in a licensee directly or indirectly including an acquisition by merger or consolidation by or with a person affiliated through common ownership with the licensee; or (3) The acquisition of an interest in a licensee by a person by bequest, descent, or survivorship or by operation of law. The person acquiring an interest in a licensee in a transaction which is exempt from filing an application

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by this subsection shall send written notice to the department of such acquisition within 30 days of its closing. 7-1-1009. (a) Any person required to be licensed or registered under this article shall maintain in its offices or such other location as the department shall permit such books, accounts, and records as the department may reasonably require in order to determine whether such person is complying with the provisions of this article and rules and regulations adopted in furtherance thereof. Such books, accounts, and records shall be maintained apart and separate from any other business in which such person is involved. (b) The department may, by its designated officers and employees, as often as it deems necessary, but at least once every 24 months, investigate and examine the affairs, business, premises, and records of any person required to be licensed under this article insofar as they pertain to any business for which a license is required by this article. In order to avoid unnecessary duplication of examinations, the department may accept examination reports performed and produced by other state or federal agencies, unless the department determines that the examinations are not available or do not provide information necessary to fulfill the responsibilities of the department under this article. (c) Examinations and investigations conducted under this article and information obtained by the department in the course of its duties under this article are confidential pursuant to the provisions of Code Section 7-1-70. In addition to the exceptions set forth in subsection (b) of Code Section 7-1-70, the department is authorized to share information obtained under this article with other state and federal regulatory agencies or law enforcement authorities. 7-1-1010. (a) Each licensee and registrant shall annually, on or before April 1, file a written report with the department containing such information as the department may require concerning the business and operations during the preceding calendar year as to each licensed or registered place of business. Reports shall be made under oath and

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shall be in the form prescribed by the department. Any licensee or registrant who fails to prepare and file with the department by April 1 the report required by this subsection shall pay the department a penalty of $100.00 for each day after April 1. The department may, in its discretion, relieve any licensee or registrant from the payment of any such penalty, in whole or in part, if good cause is shown. If a licensee or registrant fails to pay a penalty from which it has not been relieved, the department may, through the Attorney General, maintain an action at law to recover it. (b) Each mortgage broker licensed or registered under this article shall submit to the department at least once each year an unaudited financial statement prepared by a certified public accountant in accordance with generally accepted accounting principles and certified to be true and correct by the mortgage broker. The department may require the mortgage broker to have made by independent certified public accountants an audit of the books and affairs of the licensed or registered business if the department finds that such an audit is necessary to determine whether the mortgage broker is complying with the provisions of the article and the rules and regulations adopted in furtherance of this article. Each mortgage lender licensed or registered under this article shall at least once each year have made by independent certified public accountants an audit of the books and affairs of the licensed or registered business except that a mortgage lender licensed or registered under this article which is a subsidiary shall comply with this provision by annually providing a consolidated audited financial statement of its parent company and a financial statement of its parent company and a financial statement, which may be unaudited, of the licensee or registrant which is prepared in accordance with generally accepted accounting principles. The department may by regulation establish minimum standards for audits and reports under this Code section. 7-1-1011. The department may, by regulation, prescribe annual fees, which fees shall be set at levels necessary to defray costs and expenses incurred by the state in providing the examinations and supervision required by this article

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and which fees may vary according to whether the licensee is a mortgage broker or mortgage lender. 7-1-1012. Without limitation on the power conferred by Article 1 of this chapter, the department may make reasonable rules and regulations, not inconsistent with law, for the enforcement of this article. 7-1-1013. It is prohibited for any person, including any person required to be licensed under this article and any person exempted from the licensing requirements of this article under Code Section 7-1-1001 to: (1) Misrepresent the material facts or make false promises likely to influence, persuade, or induce an applicant for a mortgage loan or mortgagor to take a mortgage loan, or pursue a course of misrepresentation through agents or otherwise; (2) Misrepresent or conceal material factors, terms, or conditions of a transaction to which the mortgage lender or broker is a party, pertinent to an applicant for a mortgage loan or mortgagor; (3) Fail to disburse funds in accordance with a written commitment or agreement to make a mortgage loan; (4) Improperly refuse to issue a satisfaction of a mortgage loan; (5) Fail to account for or deliver to any person any personal property obtained in connection with a mortgage loan such as money, funds, deposit, check, draft, mortgage, or other document or thing of value which has come into the possession of the mortgage lender or broker and which is not the property of the mortgage lender or broker, or which the mortgage lender or broker is not in law or at equity entitled to retain; (6) Engage in any transaction, practice, or course of business which is not in good faith or fair dealing, or which operates a fraud upon any person, in connection

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with the making of or purchase or sale of any mortgage loan; (7) Engage in any fraudulent home mortgage underwriting practices; (8) Induce, require, or otherwise permit the applicant for a mortgage loan or mortgagor to sign a security deed, note, or other pertinent financial disclosure documents with any blank spaces to be filled in after it has been signed, except blank spaces relating to recording or other incidental information not available at the time of signing; (9) Make, directly or indirectly, any residential mortgage loan with the intent to foreclose on the borrower's property. For purposes of this subsection, there is a presumption that a person has made a residential mortgage loan with the intent to foreclose on the borrower's property if the following circumstances can be demonstrated: (A) Lack of substantial benefit to the borrower; (B) Lack of probability of full payment of the loan by the borrower; and (C) A significant proportion of similarly foreclosed loans by such person; or (10) Provide an extension of credit or collect a mortgage debt by extortionate means. 7-1-1014. In addition to such other rules, regulations, and policies as the department may promulgate to effectuate the purposes of this article, the department shall promulgate regulations governing the disclosure required to be made to applicants for mortgage loans, including, without limitation, the following requirements:

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(1) Any person required to be licensed or registered under this article shall provide to each applicant for a mortgage loan at or before the time of the application a disclosure of the fees payable at the time of application and the conditions under which such fees may be refundable; (2) Any mortgage lender required to be licensed or registered under this article shall make available to each applicant for a mortgage loan at or before the time a commitment to make a mortgage loan is given a written disclosure of the fees to be paid in connection with the commitment and the loan, or the manner in which such fees shall be determined and the conditions under which such fees may be refundable; and (3) Any mortgage lender required to be licensed or registered under this article shall disclose to each applicant for a mortgage loan that failure to meet every condition of the mortgage loan may result in the loss of the applicant's property through foreclosure. The applicant shall be required to sign the disclosure. 7-1-1015. The department may promulgate rules with respect to the placement in escrow accounts by any person required to be licensed or registered by this article of any money, fund, deposit, check, or draft entrusted to it by any persons dealing with it as a residential mortgage broker, lender, or servicer. 7-1-1016. In addition to such other rules, regulations, and policies as the department may promulgate to effectuate the purpose of this article, the department shall prescribe regulations governing the advertising of mortgage loans, including without limitation the following requirements: (1) Advertisements for loans regulated under this article may not be false, misleading, or deceptive. No person whose activities are regulated under this article may advertise in any manner so as to indicate or imply that its interest rates or charges for loans are in any way `recommended',

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`approved,' `set,' or `established' by the state or this article; (2) All advertisements by a licensee or a registrant shall contain the name and an office address of such licensee or registrant, which shall conform to a name and address on record with the department; and (3) No licensee shall advertise its services in Georgia in any media, whether print or electronic, without the words `Georgia Residential Mortgage Licensee.' 7-1-1017. (a) The department may suspend or revoke an original or renewal license on any ground on which it might refuse to issue an original license or for a violation of any provision of this article or any rule or regulation issued under this article or for failure of the licensee to pay, within 30 days after it becomes final, a judgment recovered in any court within this state by a claimant or creditor in an action arising out of the licensee's business in this state as a mortgage lender or mortgage broker. (b) Notice of the department's intention to enter an order denying an application for a license under this article or of an order suspending or revoking a license under this article shall be given to the applicant or licensee in writing, sent by registered or certified mail addressed to the principal place of business of such applicant or licensee. Within 20 days of the date of the notice of intention to enter an order of denial, suspension, or revocation under this article, the applicant or licensee may request in writing a hearing to contest the order. If a hearing is not requested in writing within 20 days of the date of such notice of intention, the department shall enter a final order regarding the denial, suspension, or revocation. Any final order of the department denying, suspending, or revoking a license shall state the grounds upon which it is based and shall be effective on the date of issuance. A copy thereof shall be forwarded promptly by registered or certified mail addressed to the principal place of business of such applicant or licensee.

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(c) A decision of the department denying a license, original or renewal, shall be conclusive, except that it may be subject to judicial review under Code Section 7-1-90. A decision of the department suspending or revoking a license shall be subject to judicial review in the same manner as a decision of the department to take possession of the assets and business of a bank under Code Section 7-1-155. (d) Except as otherwise provided by law, a revocation, suspension, or surrender of a license shall not impair or affect the obligation of a preexisting contract between the licensee and another person. (e) Nothing in this article shall preclude a person whose license has been suspended or revoked from continuing to service mortgage loans pursuant to servicing contracts in existence at the time of the suspension or revocation for a period not to exceed six months after the date of the final order of the department suspending or revoking the license. 7-1-1018. (a) Whenever it shall appear to the department that any person required to be licensed under this article has violated any law of this state or any order or regulation of the department, the department may issue a written order requiring such person to cease and desist from such unauthorized practices. (b) Whenever a person required to be licensed under this article shall fail to comply with the terms of an order of the department which has been properly issued under the circumstances, the department, upon notice of three days to such person, may, through the Attorney General, petition the principal court for an order directing such person to obey the order of the department within the period of time as shall be fixed by the court. Upon the filing of such petition, the court shall allow a rule to show cause why it should not be granted. Whenever, after a hearing upon the merits or after failure of such person to appear when ordered, it shall appear that the order of the department was properly issued, the court shall grant the petition of the department.

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(c) Any person required to be licensed under this article who violates the terms of any order issued pursuant to this Code section shall be liable for a civil penalty not to exceed $1,000.00. Each day during which the violation continues shall constitute a separate offense. In determining the amount of penalty, the department shall take into account the appropriateness of the penalty relative to the size of the financial resources of such person, the good faith efforts of such person to comply with the order, the gravity of the violation, the history of previous violations by such person, and such other factors or circumstances as shall have contributed to the violation. The department may at its discretion compromise, modify, or refund any penalty which is subject to imposition or has been imposed pursuant to this Code section. Any person assessed as provided in this subsection shall have the right to request a hearing into the matter within ten days after notification of the assessment has been served upon the licensee involved; otherwise, such penalty shall be final except as to judicial review as provided in Code Section 7-1-90. (d) All penalties recovered by the department pursuant to this Code section shall be paid into the state treasury to the credit of the general fund; provided, however, that the department at its discretion may remit such amounts recovered, net of the cost of recovery, in the same manner as prescribed for judgments received through derivative actions pursuant to the provisions of Code Section 7-1-441. (e) For purposes of this Code section, the term `person' includes any officer, director, employee, agent, or other person participating in the conduct of the affairs of the person subject to the orders issued pursuant to this Code section. 7-1-1019. Any person and the several members, officers, directors, agents, and employees thereof who shall violate any of the provisions of this article shall be guilty of a misdemeanor and shall be punishable by imprisonment for not more than one year or by a fine of not more than $1,000.00, or by both fine and imprisonment.

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7-1-1020. Nothing in this article limits any statutory or common law right of any person to bring any action in any court for any act involved in the mortgage business or the right of the state to punish any person for any violation of any law. Without limiting the generality of the foregoing, nothing in this article shall be construed as limiting in any manner the application of Part 2 of Article 15 of Chapter 1 of Title 10, the `Fair Business Practices Act of 1975.' Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1993. PUBLIC EMPLOYERS INVESTIGATION OF INFORMATION FROM PUBLIC EMPLOYEES CONCERNING FRAUD, WASTE, AND ABUSE; CONFIDENTIALITY; REPRISALS PROHIBITED; EXCEPTIONS; SUPERIOR COURT ACTIONS. Code Section 45-1-4 Enacted. No. 368 (House Bill No. 49). AN ACT To amend Chapter 1 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions regarding public officers and employees, so as to regulate the receiving and investigating of complaints or information from public employees concerning fraud, waste, and abuse in or relating to any state programs or operations; to provide for definitions; to provide for confidentiality; to prohibit retaliatory action; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 1 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions regarding public officers and employees, is amended by adding a new Code section at the end thereof, to be designated Code Section 45-1-4, to read as follows: 45-1-4. (a) As used in this Code section, the term: (1) `Public employee' means any person who is employed by the executive branch of the state or by any other department, board, bureau, commission, authority, or other agency of the state except the Office of the Governor, the judicial branch, or the legislative branch. (2) `Public employer' means the executive branch of the state and any other department, board, bureau, commission, authority, or other agency of the state which employs or appoints a public employee or public employees except the Office of the Governor, the judicial branch, or the legislative branch. (b) A public employer may receive and investigate complaints or information from any public employee concerning the possible existence of any activity constituting fraud, waste, and abuse in or relating to any state programs and operations under the jurisdiction of such public employer. (c) Notwithstanding any other law to the contrary, such public employer shall not after receipt of a complaint or information from a public employee disclose the identity of the public employee without the written consent of such public employee, unless the public employer determines such disclosure is necessary and unavoidable during the course of the investigation. In such event, the public employee shall be notified in writing at least seven days prior to such disclosure. (d) No action against any public employee shall be taken or threatened by any public employer who has authority to take, direct others to take, recommend, or approve any

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personnel action as a reprisal for making a complaint or disclosing information to the public employer unless the complaint was made or the information was disclosed with the knowledge that it was false or with willful disregard for its truth or falsity. (e) Any action taken in violation of subsection (d) of this Code section shall give the public employee a right to have such action set aside in a proceeding instituted in the superior court. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1993. CRIMES AND OFFENSES TELEPHONIC COMMUNICATIONS OF A MINOR; CONSENT TO WIRETAPPING; COURT ORDERS; RECORDINGS KEPT UNDER SEAL. Code Section 16-11-66 Amended. No. 369 (House Bill No. 47). 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, and surveillance, so as to provide that it shall not be unlawful for a person to intercept a wire, oral, or electronic communication where such person is a party to the communication or one of the parties to the communication has given prior consent to such interception; to provide that telephonic conversations to which a child under the age of 18 years is a party may be recorded and divulged; to provide who may record and divulge such conversations; to provide that consent to the divulging of the conversation of a child under the age of 18 years shall be given only by court order; to provide that recordings shall not

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be used in prosecution of a child; to provide for findings by the court; to provide that recordings be kept under seal; 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, and surveillance, is amended by striking Code Section 16-11-66, relating to consent to intercept or record message sent by telephone, which reads as follows: 16-11-66. Nothing in Code Section 16-11-62 shall prohibit the interception, recording, and divulging of a message sent by telephone, telegraph, letter, or any other means of communication when the sender and receiver thereof expressly or impliedly consent thereto or in those instances wherein the message is initiated or instigated by a person and the message constitutes the commission of a crime or is directly in the furtherance of a crime, provided at least one party thereto consents., in its entirety and inserting in lieu thereof the following: 16-11-66. (a) Nothing in Code Section 16-11-62 shall prohibit a person from intercepting a wire, oral, or electronic communication where such person is a party to the communication or one of the parties to the communication has given prior consent to such interception. (b) After obtaining the consent required by this subsection, the telephonic conversations to which a child under the age of 18 years is a party may be recorded and divulged, and such recording and dissemination may be done by a private citizen, law enforcement agency, or prosecutor's office. Nothing in this subsection shall be construed to require that the recording device be activated by the child. Consent for the recording or divulging of the conversations of a child under the age of 18 years conducted by telephone shall be given only by order of a judge of a superior court upon written

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application. Said recording shall not be used in any prosecution of the consenting child in any delinquency or criminal proceeding. Such application need not comply with the procedures set out in Code Section 16-11-64. (c) The judge shall issue the order provided by subsection (b) of this Code section only: (1) Upon finding probable cause that a crime has been committed; (2) Upon finding that the child understands that the conversation is to be recorded and that such child agrees to participate; and (3) Upon determining that participation is not harmful to such child. A true and correct copy of the recording provided for in subsection (b) of this Code section shall be returned to the superior court judge that issued the order and such copy of the recording shall be kept under seal until further order of the court. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 7, 1993.

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IGNITION INTERLOCK DEVICES FOR MOTOR VEHICLES CONDITION OF PROBATION; MANDATORY UPON THIRD CONVICTION; NOTICE; REVOCATION OF PROBATION OR DRIVER'S LICENSE; PERMIT; FEES; MONITORING; RENTAL, LEASE, OR LOAN OF VEHICLE; VIOLATIONS; EMPLOYER'S VEHICLE; CERTIFICATION; RULES; WARNING LABEL; UNLAWFUL ACTS. Code Title 42, Chapter 8, Article 7 Enacted. No. 370 (Senate Bill No. 28). AN ACT To amend Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, so as to provide for a definition; to authorize judges to require the installation of an ignition interlock device as a condition of probation for certain persons convicted of the offense of driving under the influence of alcohol or drugs; to provide for such devices to be owned or leased and installed by units of local government; to provide for availability as a precondition to mandatory use of such devices; to require such devices for reinstatement of certain drivers' licenses and as a condition of obtaining a probationary license; to provide for issuance of a limited driving permit upon installation of an interlock device under certain restrictions; to provide for fees; to provide for violations and penalties; to provide for procedures for reporting to the court and related matters; to provide for certification of ignition interlock devices and providers by the Department of Public Safety; to provide for rules and regulations regarding ignition interlock devices; to provide for warning labels; to provide exceptions; 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 at the end thereof a new Article 7 to read as follows:

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ARTICLE 7 42-8-110. (a) As used in this article, the term `ignition interlock device' means a constant monitoring device certified by the commissioner of public safety which prevents a motor vehicle from being started at any time without first determining the equivalent blood alcohol concentration of the operator through the taking of a deep lung breath sample. The system shall be calibrated so that the motor vehicle may not be started if the blood alcohol concentration of the operator, as measured by the device, exceeds 0.02 grams or if the sample is not a sample of human breath. (b) As used in this article, the term `provider center' means a facility established by a county or municipality for the purpose of providing and installing ignition interlock devices when their use is required by or as a result of an order of a court of that county or municipality. (c) This article shall not apply with respect to a court in general if the county or municipality served by the court has not established a provider center. This article shall not apply in any particular case if the relevant provider center does not have available a functioning certified ignition interlock device available for use in that particular case. (d) Ignition interlock devices for provider centers shall be purchased or leased by counties and municipalities pursuant to competitive bidding procedures established by the rules and regulations of the Department of Public Safety. (e) A provider center may charge the person whose vehicle is to be equipped with an ignition interlock device installation and deinstallation fees and rental fees reasonably calculated to compensate the county or municipality for the total direct and indirect costs of operating the provider center. A provider center may also require such person to make a security deposit for the safe return of the ignition interlock device. Payment of any or all of such fees and deposits may be made a condition of probation under this order.

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42-8-111. (a) In addition to any other provision of probation, upon a conviction of a second charge of violating Code Section 40-6-391 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, for which a person is granted probation, the court may order that such person not drive a motor vehicle for a period of not less than six months unless such vehicle is equipped with a functioning, certified ignition interlock device. For the purposes of this subsection, a plea of nolo contendere shall constitute a conviction. Any person who is ordered to obtain and use an ignition interlock device, as a condition of probation, shall complete the DUI Alcohol or Drug Use Risk Reduction Program and submit to the court or probation department a certificate of completion of the DUI Alcohol or Drug Use Risk Reduction Program and certification of installation of a certified ignition interlock device. (b) Except as otherwise provided in this article, the court may order the installation of a certified ignition interlock device on any vehicle which any person subject to subsection (a) of this Code section owns or operates. Upon a third or subsequent conviction the court shall require installation of a certified ignition interlock device. (c) If use of an ignition interlock device is ordered, the court shall include in the record of conviction or violation submitted to the Department of Public Safety notice of the requirement for, and the period of the requirement for, the use of a certified ignition interlock device. The records of the Department of Public Safety shall contain a record reflecting mandatory use of such device and the person's driver's license shall contain a notation that the person may only operate a motor vehicle equipped with a functioning, certified ignition interlock device. (d) Except as provided in Code Section 42-8-112, no provision of this article shall be deemed to reduce any period of driver's license suspension or revocation otherwise imposed by law.

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(e) The fee for issuance of any driver's license indicating that use of an ignition interlock device is required shall be $15.00, except that for habitual violators required to use an ignition interlock device as a condition of a probationary license the fee shall be as prescribed in Code Section 40-5-58. Upon expiration of the period of time for which such person is required to use an ignition interlock device the person may apply for and receive a regular driver's license upon payment of the fee provided for in Code Section 40-5-25. 42-8-112. (a) If the court imposes the use of an ignition interlock device as a condition of probation on a person whose driving privilege is not suspended or revoked, the court shall require the person to provide proof of compliance with such order to the court or the probation officer within 30 days. If the person fails to provide proof of installation within such period, absent a finding by the court of good cause for that failure, which finding is entered in the court's record, the court shall revoke or terminate the probation. (b) If the court imposes the use of an ignition interlock device as a condition of probation on a person whose driving privilege is suspended or revoked, the court shall require the person to provide proof of compliance with such order to the court or the probation officer and the Department of Public Safety not later than the date on which such suspension or revocation concludes. If the person fails to provide proof of installation within such period, the department shall not reinstate such person's driver's license and, absent a finding by the court of good cause for that failure, which finding is entered on the court's record, the court shall revoke or terminate the probation. If the person is authorized under Code Section 40-5-63 or 40-5-67.2 to apply for reinstatement of his or her driver's license during the period of suspension such person shall prior to applying for reinstatement of the license have an ignition interlock device installed and shall maintain such ignition interlock device in his or her vehicle for a period of six months; provided, however, that for a second or subsequent suspension under Code Section 40-5-63 or suspension for a second offense under Code Section 40-5-67.2, after the Department of Public Safety has held the suspended driver's license for a minimum of 30 days, such person

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may apply for and be issued a six-month ignition interlock permit, provided that such person submits to the department proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and proof of installation of an ignition interlock device on his or her vehicle. Any driver who is issued an ignition interlock permit prior to the expiration of 120 days after the suspension of the driver's license may operate such vehicle: (1) only to and from a place of employment or to perform the duties of his or her occupation; (2) to receive medical care or to obtain prescription drugs; (3) to attend a school or college at which he or she is enrolled; (4) to attend court-ordered driver improvement or driver education or a drug or alcohol program; (5) to attend regularly scheduled meetings or sessions of recognized organizations for persons who have alcohol or drug addiction or abuse problems; or (6) to report to an ignition interlock station. At the expiration of such six month ignition interlock permit the driver may apply for reinstatement of a regular driver's license upon payment of the fee provided in Code Section 40-5-25. If the person is authorized under Code Section 40-5-58 or under Code Section 40-5-67.2 to obtain a habitual violator's probationary license, such person shall, if such person is a habitual violator as a result of two or more convictions for driving under the influence of alcohol or drugs, install an ignition interlock device as a condition of such probationary license. Failure to show proof of such device shall be grounds for refusal of reinstatement of such license or issuance of such habitual violator's probationary license or the immediate suspension or revocation of such license. (c) Each person who is required to use an ignition interlock device pursuant to this article shall report to the provider center every 30 days for the purpose of monitoring the operation of each interlocking ignition device in the person's vehicle or vehicles. If at any time it is determined that a person has tampered with the device, the Department of Public Safety or the court ordering use of such device shall be given written notice within five days. If an ignition interlock device is found to be malfunctioning, it shall be replaced or repaired, as ordered by the court or the Department of Public Safety, at the expense of the provider.

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42-8-113. (a) No person shall knowingly rent, lease, or lend a motor vehicle to a person known to have had his or her driving privilege restricted as a condition of probation as provided in this article, unless the vehicle is equipped with a functioning, certified ignition interlock device. Any person whose driving privilege is restricted as a condition of probation as provided in this article shall notify any other person who rents, leases, or loans a motor vehicle to him or her of such driving restriction. (b) Any person convicted of a violation of subsection (a) of this Code section shall be guilty of a misdemeanor. 42-8-114. (a) Notwithstanding Code Sections 42-8-110 through 42-8-113, if a person who is required to use an ignition interlock device pursuant to this article is required to operate a motor vehicle in the course and scope of his or her employment and if the vehicle is owned by the employer, the person may operate that vehicle without installation of an approved ignition interlock device if the employer has been notified by the person that the person's driving privilege has been restricted under this article and if the person has proof of that notification in his or her possession or the notice, or a facsimile copy thereof, is with the vehicle. (b) A motor vehicle owned by a business entity, which business entity is all or partly owned or controlled by a person otherwise subject to this article, is not a motor vehicle owned by the employer subject to the exemption in subsection (a) of this Code section. 42-8-115. (a) The commissioner of public safety or the commissioner's designee shall certify ignition interlock devices required by this article and the providers of such devices and shall promulgate rules and regulations for the certification of said devices and providers and the procurement of said devices by counties and municipalities. The standards for certification of such devices shall include, but not be limited to, the following: (1) The device shall not impede the safe operation of the vehicle;

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(2) The device shall have features that make circumvention difficult but do not interfere with the normal use of the vehicle; (3) The device shall correlate well with established measures of alcohol impairment; (4) The device shall work accurately and reliably in an unsupervised environment; (5) The device shall resist tampering and give evidence if tampering is attempted; (6) The device shall be difficult to circumvent and shall require premeditation to do so; (7) The device shall require a deep lung breath sample as a measure of blood alcohol concentration equivalence; (8) The device shall operate reliably over the range of automobile environments; (9) The device shall have the ability to record and retain the results of all tests; (10) The device shall be manufactured by a party who will provide liability insurance; and (11) The device shall be backed by a company that can provide a focal point of responsibility for the maintenance and service of such device. (b) The commissioner of public safety may utilize information from an independent agency to certify ignition interlock devices on or off the premises of the manufacturer in accordance with rules and regulations promulgated pursuant to this article. The cost of certification shall be borne by the manufacturers of ignition interlock devices. (c) The commissioner of public safety shall adopt rules and regulations for determining the accuracy of and proper

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use of the ignition interlock devices in full compliance with this article. No model of ignition interlock device shall be certified unless it meets the accuracy requirements specified by such rules and regulations. (d) Before certifying any device, the Department of Public Safety shall consult with the National Highway Traffic Safety Administration regarding the use of ignition interlock devices. 42-8-116. The providers certified by the Department of Public Safety shall design and adopt pursuant to regulations of the department a warning label which shall be affixed to each ignition interlock device upon installation. The label shall contain a warning that any person tampering, circumventing, or otherwise misusing the device is guilty of a misdemeanor and may be subject to civil liability. 42-8-117. (a) In the event the sentencing court or the Department of Public Safety finds that a person has violated the terms of probation imposed pursuant to subsection (a) of Code Section 42-8-111, the Department of Public Safety shall revoke that person's driving privilege for one year from the date the court revokes that person's probation. The court shall report such probation revocation to the Department of Public Safety by court order. (b) In the event the sentencing court or the Department of Public Safety finds that a person has twice violated the terms of probation imposed pursuant to subsection (a) of Code Section 42-8-111 during the same period of probation, the Department of Public Safety shall revoke that person's driving privilege for five years from the date the court revokes that person's probation for a second time. The court shall report such probation revocation to the Department of Public Safety by court order. 42-8-118. (a) It is unlawful for any person whose driving privilege is restricted pursuant to subsection (a) of Code Section 42-8-111 to request or solicit any other person to blow into an ignition interlock device or to start a motor vehicle

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equipped with the device for the purpose of providing the person so restricted with an operable motor vehicle. (b) It is unlawful for any person to blow into an ignition interlock device or to start a motor vehicle equipped with the device for the purpose of providing an operable motor vehicle to a person whose driving privilege is restricted pursuant to subsection (a) of Code Section 42-8-111. (c) It is unlawful to tamper with, or circumvent the operation of, an ignition interlock device. (d) Any person violating any provision 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 7, 1993. UNIFORM COMMERCIAL CODE CONFLICTING SECURITY INTERESTS ON SAME COLLATERAL; PRIORITY; PRODUCTION LOANS. Code Section 11-9-312 Amended. No. 394 (House Bill No. 75). AN ACT To amend Code Section 11-9-312 of the Official Code of Georgia Annotated, relating to priorities among conflicting security interests in the same collateral, so as to provide that certain perfected production loans shall take priority over certain earlier perfected security interests; 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 11-9-312 of the Official Code of Georgia Annotated, relating to priorities among conflicting security interests in the same collateral, is amended by striking in its entirety subsection (2) and inserting in lieu thereof the following: (2) A perfected security interest in crops for new value given to enable the debtor to produce the crops during the production season and given not more than three months before the crops become growing crops by planting or otherwise takes priority over an earlier perfected security interest to the extent that such earlier interest secures obligations due or existing more than six months before the crops become growing crops by planting or otherwise, even though the person giving new value had knowledge of the earlier security interest. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1993. PROPERTY TAX BOARD OF TAX ASSESSORS; DESIGNATION TO RECEIVE TAX RETURNS OR HOMESTEAD EXEMPTION APPLICATIONS. Code Sections 48-5-103 and 48-5-299.1 Amended. No. 395 (House Bill No. 222). AN ACT To amend Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to uniform property tax administration and equalization, so as to authorize the board of assessors to perform certain duties upon designation by the tax receiver or tax commissioner; 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 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to uniform property tax administration and equalization, is amended by striking paragraph (5) of Code Section 48-5-103, relating to duties of tax receivers, which reads as follows: (5) Reserved;, and inserting in its place a new paragraph (5) to read as follows: (5) Designate, in the discretion of the tax receiver or tax commissioner, the board of assessors to receive tax returns as provided in paragraph (4) of this Code section or to receive applications for homestead exemptions from ad valorem tax, or both;. Section 2. Said article is further amended by adding a new Code section immediately following Code Section 48-5-299, to be designated Code Section 48-5-299.1, to read as follows: 48-5-299.1. Upon designation by the tax receiver or tax commissioner pursuant to paragraph (5) of Code Section 48-5-103, it shall be the duty of the board of assessors to receive tax returns as provided under paragraph (4) of Code Section 48-5-103 or to perform all duties of tax receivers or tax commissioners relating to the receiving of applications for homestead exemptions from ad valorem tax, or both, pursuant to such designation. 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 9, 1993.

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MOTOR CONTRACT CARRIERS AND MOTOR COMMON CARRIERS AMBULANCES EXCLUDED; AMBER REFLECTORS REQUIRED FOR CERTAIN PULPWOOD AND POLE TRAILERS. Code Section 46-1-1 Amended. No. 396 (House Bill No. 242). AN ACT To amend Code Section 46-1-1 of the Official Code of Georgia Annotated, relating to definitions of terms used in Title 46 of the Official Code of Georgia Annotated, so as to exclude ambulances from the definition of the term motor common carrier and motor contract carrier; to change the provisions relating to the definition of the terms motor common carrier and motor contract carrier; to change the provisions relating to the exception from such definition; to require certain reflectors on certain pulpwood trailers and pole trailers; to make certain stylistic changes; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 46-1-1 of the Official Code of Georgia Annotated, relating to definitions of terms used in Title 46 of the Official Code of Georgia Annotated, is amended by striking subparagraph (C) of paragraph (7) of said Code section and inserting in lieu thereof a new subparagraph (C) to read as follows: (C) Except as otherwise provided in this subparagraph, the terms `motor common carrier' and `motor contract carrier' shall not include: (i) Motor vehicles engaged solely in transporting school children and teachers to and from public schools and private schools; (ii) Taxicabs, drays, trucks, buses, and other motor vehicles which operate within the corporate limits of municipalities

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and are subject to regulation by the governing authorities of such municipalities. This exception shall apply to taxicabs and buses even though such vehicles may, in the prosecution of their regular business, occasionally go beyond the corporate limits of such municipalities, provided that they do not operate to or from fixed termini outside of such limits and to any dray or truck which operates within the corporate limits of a city and is subject to regulation by the governing authority of such city or by the commission and which goes beyond the corporate limits only for the purpose of hauling chattels which have been seized under any court process; (iii) Hotel passenger or baggage motor vehicles when used exclusively for patrons and employees of such hotel; (iv) Motor vehicles operated not for profit with a capacity of 15 persons or less when they are used exclusively to transport elderly and handicapped passengers or employees under a corporate sponsored van pool program, except that a vehicle owned by the driver may be operated for profit when such driver is traveling to and from his or her place of work provided each such vehicle carrying more than nine passengers maintains liability insurance in an amount of not less than $100,000.00 per person and $300,000.00 per accident and $50,000.00 property damage. For the purposes of this division, elderly and handicapped passengers are defined as individuals over the age of 60 years or who, by reason of illness, injury, age, congenital malfunction, or other permanent or temporary incapacity or disability, are unable to utilize mass transportation facilities as effectively as persons who are not so affected; (v) Granite trucks, where transportation from quarry to finishing plant involves not crossing more than two counties; (vi) RFD carriers and star-route carriers which carry no more than nine passengers along with carriage of the United States mail, provided that such carriers shall not carry passengers on a route along which another motor

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carrier of passengers has a permit or a certificate to operate; (vii) Motor trucks of railway companies which perform a pick-up and delivery service in connection with their freight train service, between their freight terminals and points not more than ten miles distant, when either the freight terminal or such points, or both, are outside the limits of an incorporated city; (viii) Motor vehicles owned and operated exclusively by the United States government or by this state or any subdivision thereof; (ix) Single source leasing whereby a leasing company whose primary business is leasing vehicles and who operates a fleet of ten or more vehicles provides vehicle equipment and drivers in a single transaction to a private carrier. Such arrangement is presumed to result in private carriage by the shipper if the requirements enumerated below are met and subject only to the commission's transportation safety rules: (I) The lease must be reduced to writing and a copy maintained on the leased vehicle at all times during the term of the lease; (II) The period for which the lease applies must be no less than 30 days; (III) The lease agreement must provide, and the surrounding facts must reflect, that the leased equipment is exclusively committed to the lessee's use for the term of the lease; (IV) The lease agreement must provide, and the surrounding facts must reflect, that during the term of the lease the lessee accepts, possesses, and exercises exclusive dominion and control over the leased equipment and assumes complete responsibility for the operation of the equipment;

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(V) The lessee must maintain public liability insurance and accept responsibility to the public for any injury caused in the course of performing the transportation service conducted by the lessee with the equipment during the term of the lease; (VI) The lessee shall display appropriate identification on all equipment leased by it showing operation by the lessee during the performance of the transportation; (VII) The lessee must accept responsibility for, and bear the cost of, compliance with safety regulations during performance by the lessee of any such transportation services; and (VIII) The lessee must bear the risk of damage to the cargo, subject to any right of action the lessee may have against the lessor for the latter's negligence; (x) Motor vehicles engaged exclusively in the transportation of agricultural or dairy products, or both, between farm, market, gin, warehouse, or mill, whether such motor vehicle is owned by the owner or producer of such agricultural or dairy products or not, so long as the title remains in the producer. For the purposes of this division, the term `producer' includes a landlord where the relations of landlord and tenant or landlord and cropper are involved. As used in this division, the term `agricultural products' includes fruit, livestock, meats, fertilizer, wood, lumber, cotton, and naval stores; household goods and supplies transported to farms for farm purposes; or other usual farm and dairy supplies, including products of grove or orchard; poultry and eggs; fish and oysters; and timber or logs being hauled by the owner thereof or the owner's agents or employees between forest and mill or primary place of manufacture; provided, however, motor vehicles with a manufacturer's gross weight rated capacity of 44,000 pounds or more engaged solely in the transportation of unmanufactured forest products shall be subject to the Georgia Forest Products

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Trucking Rules which shall be adopted and promulgated by the commission only for application to such vehicles and vehicles defined in subparagraph (A) of paragraph (11) of this Code section; provided, further, that pulpwood trailers and pole trailers with a manufacturer's gross weight rated capacity of 10,001 pounds or more engaged solely in the transportation of unmanufactured forest products shall have two amber side marker reflectors on each side of the trailer chassis between the rear of the tractor cab and the rearmost support for the load. All such reflectors shall be not less than four inches in diameter. Such rules and any amendments thereto adopted by the commission shall be subject to legislative review in accordance with the provisions of Code Section 46-2-30, and, for the purposes of such rules and any amendments thereto, the Senate Committee on Natural Resources and the House Committee on Natural Resources and Environment shall be the appropriate committees within the meaning of said Code Section 46-2-30. The first such rules adopted by the commission shall be effective July 1, 1991; (xi) Motor vehicles engaged in the transportation of unmanufactured agricultural products, dairy products, poultry and processed poultry, nursery stock, sod grass, potting soil, pine bark nuggets, dry fertilizer, flue-cured tobacco, soybean meal, pine bark, wood chips, shavings, sawdust, feedstuff for livestock and poultry, including feedstuff ingredients, provided that such vehicles do not haul or transport other commodities on the same vehicle at the same time not exempt by law from the regulations of the commission; motor vehicles commonly known as tow trucks or wreckers, designed and exclusively used in the business of towing abandoned, disabled, and wrecked vehicles and replacement vehicles therefor or otherwise rendering assistance to abandoned, disabled, and wrecked vehicles; except that any operator of such a vehicle is required to register the exempt operation with the commission, register and identify any of its vehicles, and become subject to the commission's liability insurance and vehicle and hazardous materials safety rules;

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(xii) Motor vehicles engaged in compensated intercorporate hauling whereby transportation of property is provided by a person who is a member of a corporate family for other members of such corporate family, provided: (I) The parent corporation notifies the commission of its intent or the intent of one of the subsidiaries to provide the transportation; (II) The notice contains a list of participating subsidiaries and an affidavit that the parent corporation owns directly or indirectly a 100 percent interest in each of the subsidiaries; (III) A copy of the notice is carried in the cab of all vehicles conducting the transportation; and (IV) The transportation entity of the corporate family registers the compensated intercorporate hauling operation with the commission, registers and identifies any of its vehicles, and becomes subject to the commission's liability insurance and motor carrier and hazardous materials transportation rules. For the purpose of this division, the term `corporate family' means a group of corporations consisting of a parent corporation and all subsidiaries in which the parent corporation owns directly or indirectly a 100 percent interest; (xiii) Vehicles transporting not more than 15 persons for hire, except that any operator of such a vehicle is required to register the exempt operation with the commission, register and identify any of its vehicles, and become subject to the commission's liability insurance and vehicle safety rules; (xiv) Any dump truck or transit mixer vehicle used exclusively in the transportation of sand, gravel, crushed stone, fill dirt, borrow pit materials, plant mix road materials, plant mix concrete, or road base materials; except that any operator of such a vehicle is required to

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register the exempt operation with the commission, register and identify any of its vehicles, and become subject to the commission's liability insurance and vehicle and hazardous materials safety rules; or (xv) Ambulances. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1993. DOMESTIC RELATIONS CHILD SUPPORT; WITHHOLDING OF WAGES; FINDINGS AND ORDERS. Code Sections 19-6-32 and 19-6-33 Amended. No. 397 (House Bill No. 261). AN ACT To amend Chapter 6 of Title 19 of the Official Code of Georgia Annotated, relating to alimony and child support generally, so as to change the conditions for obtaining orders requiring withholding of wages to furnish child support; to provide for findings; to change the terms of such orders and provide for service thereof; to provide for duties, penalties, and rights of payors; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 6 of Title 19 of the Official Code of Georgia Annotated, relating to alimony and child support generally, is amended by striking subsections (a), (b), and (c) of Code Section 19-6-32, relating to entering income deduction orders, and inserting in their places the following:

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(a) (1) After July 1, 1989, upon the application to the child support (IV-D) agency, and upon the entry of a judgment establishing, enforcing, or modifying a child support obligation or spousal support obligation under subsection (d) of Code Section 19-11-6, the court, referee of the court, or administrative hearing officer shall enter a separate order for income deduction if one has not been entered. Copies of the order shall be served on the obligee and obligor. If the support order directs that support payments be made through the child support receiver, the court shall provide a copy of the support order to the receiver. If the obligee is an applicant for child support services under Title IV-D of the federal Social Security Act, the court, referee, or administrative hearing officer shall furnish copies of the support order and the income deduction order to the IV-D agency. (2) For all child support orders or spousal support orders under subsection (d) of Code Section 19-11-6 prior to July 1, 1989, an order for income deduction may be issued without need for any amendment to the order involved or any further action by the court or entity that issued it, provided that an opportunity for a hearing before a court, a referee of the court, or an administrative hearing officer is afforded. (a.1) (1) All child support orders which are initially issued in this state on or after January 1, 1994, and are not at the time of issuance being enforced under subsection (a) of this Code section shall provide for the immediate withholding of such support from the wages of the parent required by that order to furnish support unless: (A) The court issuing the order finds there is good cause not to require such immediate withholding; or (B) A written agreement is reached between both parties which provides for an alternative arrangement.

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For purposes of this paragraph, any finding that there is good cause not to require immediate withholding must be based on at least a written determination that implementing immediate wage withholding would not be in the best interest of the child and proof of timely payment of previously ordered support in cases involving modification of support orders. (2) All child support orders which are not described in subsection (a) of this Code section or in paragraph (1) of this subsection shall, upon petition of either party to revise that order under Code Section 19-6-19 or to enforce that order under Code Section 19-6-28, be revised to include provisions for withholding of such support from the wages of the person required by the order to furnish that support if arrearages equal to one month's support occur but without the necessity of filing application for services under Code Section 19-11-6. (3) Copies of income deduction orders issued under this subsection shall be served on the obligee, obligor, and the child support IV-D agency when payment is to be made to the agency. (b) The income deduction order shall: (1) Direct a payor to deduct from all income due and payable to an obligor the amount required by the court to meet the obligor's support obligation; (2) State the amount of arrearage accrued, if any, under the support order and direct a payor to withhold a specific amount until the arrearage is paid in full; and (3) Direct a payor not to deduct in excess of the amounts allowed under Section 303(b) of the federal Consumer Credit Protection Act, 15 U.S.C. Section 1673(b), as amended. (c) The income deduction order under subsection (a) of this Code section is effective immediately unless the court upon good cause shown finds that the income deduction shall

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be effective upon a delinquency in an amount equal to one month's support or a written agreement is reached between both parties which provides for an alternative arrangement. Section 2. Said chapter is further amended by striking the introductory language of subsection (e) of Code Section 19-6-33, relating to notice and service of income deduction orders, which reads as follows: The notice to payor shall contain only information necessary for the payor to comply with the income deduction order. The notice shall:, and inserting in its place the following: The notice to payor shall contain only information necessary for the payor to comply with the income deduction order. The payor shall have the duties, penalties, and rights specified in the notice. The notice shall:. 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 9, 1993. COUNTIES OF 550,000 OR MORE PURCHASING; FACTORS FOR SELECTING LOWEST RESPONSIBLE BIDDER. No. 398 (House Bill No. 280). AN ACT To amend an Act creating and establishing a purchasing department in certain counties of this state, approved March 27,

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1941 (Ga. L. 1941, p. 408), as amended, particularly by an Act approved April 29, 1975 (Ga. L. 1975, p. 1147), and an Act approved March 25, 1980 (Ga. L. 1980, p. 3858), so as to provide for factors that may be considered in determining whether a bidder is responsible; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating and establishing a purchasing department in certain counties of this state approved March 27, 1941 (Ga. L. 1941, p. 408), as amended, particularly by an Act approved April 29, 1975 (Ga. L. 1975, p. 1147), and an Act approved March 25, 1980 (Ga. L. 1980, p. 3858), is amended by inserting following Section 10 thereof a new Section 10.1 to read as follows: Section 10.1. In awarding any contract or determining the lowest responsible bidder for the purpose of awarding a contract, the agency awarding the contract may consider the vendor or bidder's quality of work, general reputation in the community, financial responsibility, previous experience in sales to the public, compliance with a female business enterprise participation plan as adopted by the governing authority of the county or making a good faith effort to comply with the goals of such a plan, compliance with a minority business enterprise participation plan as adopted by the governing authority of the county or making a good faith effort to comply with the goals of such plan, and compliance with nondiscrimination and equal employment opportunity provisions as adopted by the governing authority of the county. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

Page 590

Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1993. CONTROLLED SUBSTANCES EXEMPTION OF CERTAIN ANABOLIC STEROIDS; SCHEDULE IV AND V LISTINGS; DANGEROUS DRUGS LISTING. Code Section 16-13-27.1 Enacted. Code Sections 16-13-28, 16-13-29, and 16-13-71 Amended. No. 399 (House Bill No. 374). AN ACT To amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to exempt certain anabolic steroids from classification as Schedule III controlled substances; to change the listings of Schedule IV and V controlled substances; to change the listing of dangerous drugs and the exceptions thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, is amended by adding immediately following Code Section 16-13-27 a new Code section to read as follows: 16-13-27.1. The following anabolic steroid containing compounds, mixtures, or preparations have been exempted as Schedule III Controlled Substances by the United States Drug Enforcement Administration, as listed in 21 C.F.R. 1308.34, and are therefore exempted from paragraph (6) of Code Section 16-13-27:

Page 591

TABLE OF EXEMPT ANABOLIC STEROID PRODUCTS Trade Name Company Androgen LA Forest Pharmaceuticals St Louis, MO Andro-Estro 90-4 Rugby Labs Rockville Centre, NY depANDROGYN Forest Pharmaceuticals St Louis, MO DEPO-T.E. Quality Research Pharm Carmel, IN depTESTROGEN Maroca Pharm Phoenix, AZ Duomone Winitec Pharm Pacific, MO DURATESTRIN W. E. Hauck Alpharetta, GA DUO-SPAN II Premedics Labs Gardena, CA Estratest Solvay Pharmaceuticals Marietta, GA Estratest HS Solvay Pharmaceuticals Marietta, GA PAN ESTRA TEST Pan American Labs Covington, LA Premarin 1.25mg with Methyltestosterone Ayerst Labs, Inc. New York, NY Premarin 0.625mg with Methyltestosterone Ayerst Labs, Inc. New York, NY TEST-ESTRO Cypionates Rugby Labs Rockville Centre, NY Testosterone Cyp 50 Estradiol Cyp 2 I.D.E. Interstate Amityville, NY Testosterone Cypionate-Estradiol Cypionate Injection Best Generics N. Miami Beach, FL Testosterone Cypionate-Estradiol Cypionate Injection Schein Pharm Port Washington, NY Testosterone Cypionate-Estradiol Cypionate Injection Steris Labs, Inc. Phoenix, AZ Testosterone Cypionate-Estradiol Valerate Injection Schein Pharm Port Washington, NY Testosterone Enanthate-Estradiol Valerate Injection Steris Labs, Inc. Phoenix, AZ

Page 592

Section 2. Said chapter is further amended by adding the following paragraph in the appropriate position in subsection (a) of Code Section 16-13-28, relating to Schedule IV controlled substances: (11.05) Difenoxin;. Section 3. Said chapter is further amended by striking paragraph (3) of Code Section 16-13-29, relating to Schedule V controlled substances, and inserting in its place a new paragraph to read as follows: (3) Reserved; or. Section 4. Said chapter is further amended by striking from subsection (b) of Code Section 16-13-71, listing the dangerous drugs, the following paragraphs: (196) Clemastine; (276) Difenoxin; (349.7) Estazolam; (529.1) Loperamide; (640.3) Niacinamide See exceptions; (640.5) Netilmicin; (667) Reserved; (710) Phenazopyridine;, and inserting in their places the following paragraphs:

Page 593

(196) Clemastine See exceptions; (276) Reserved; (349.7) Reserved; (529.1) Loperamide See exceptions; (640.3) Netilmicin; (640.5) Niacinamide See exceptions; (667) Oxaprozin; (710) Phenazopyridine See exceptions;. Section 5. Said chapter is further amended by adding in the appropriate positions in subsection (b) of Code Section 16-13-71, listing the dangerous drugs, the following paragraphs: (19.7) Alglucerase; (44.5) Amlodipine; (45.5) Amoxapine; (50.1) Anabolic steroids, if listed in Code Section 16-13-27.1 as being exempt as Schedule III controlled substances; (65.5) Atovaquone; (102.05) Bisoprolol; (153.2) Cefpodoxime; (153.3) Cefprozil; (195.7) Clavulanate; (249.5) Desflurane; (252.5) Desogestrel; (331.05) Eflornithine HCL; (332.5) Enoxacin; (335.5) Ergoloid mesylates; (355.5) Estropipate; (381.3) Felbamate; (386.3) Finasteride; (386.5) Filgrastin; (388.5) Flosequinan; (391.5) Flumazenil; (408.2) Gabapentin; (408.4) Gadopentetate dimeglumine; (408.6) Gadoteridol; (409.3) Gallium citrate; (425.5) Gonadorelin acetate; (433.7) Halofantrine; (445.5) Histrelin acetate; (487.05) Iofetamine HCL I-123; (487.08) Iohexol; (504.05) Isosorbide mononitrate; (506.7) Itraconazole; (509.17) Ketorolac tromethamine; (528.5) Lomefloxacin; (529.7) Loracarbef; (540.5) Masoprocol; (617.5) Milrinone; (622.5) Mivacurium; (629.5) Nabumetone; (638.5) Nedocromil; (681.3) Paclitaxel; (681.7) Pamidronate; (692.2) Paroxetine; (692.4) Pegademase bovine; (692.6) Penbutolol sulfate; (732.3) Pinacidil; (732.7) Pindolol; (740.05) Pirbuterol; (795.5) Propylhexedrine; (840.5) Rifabutin; (854.5) Selenomethionine; (855.3) Seractide acetate; (855.7) Sertralline; (857.5) Simvastatin; (873.5) Sodium nitroprusside; (880.5) Sodium thiosulfate; (883.5) Sotalol; (927.5) Sumatriptan; (930.5) Tacrine; (931.7) Temafloxacin; (931.8) Teniposide; (931.9) Terazosin HCL; (931.95) Terbinafine; (974.5) Trazodone HCL; (1027.5) Velnacrine; (1042.02) Zalcitabine; (1042.07) Zolpidem;.

Page 595

Section 6. Said chapter is further amended by striking paragraphs (11.6) and (16) of subsection (c) of Code Section 16-13-71, relating to the exemptions to the dangerous drug list, and inserting in their respective places new paragraphs to read as follows: (11.6) Reserved;

Page 596

(16) Nitrous oxide air products suppliers shall not sell medical grade nitrous oxide to other than licensed practitioners or medical suppliers; industrial grade nitrous oxide shall only be sold as follows: (A) To industrial customers licensed by either the Georgia Department of Human Resources Environmental Health Division or by the Georgia Department of Agriculture Consumer Protection Division as a food services operator, and whose sale shall be for use as a propellant in premixed combination with food products; or (B) When mixed with not less than 100 parts per million of sulfur dioxide and used as a fuel additive for combustion engines;. Section 7. Said chapter is further amended by adding in the appropriate position in subsection (c) of Code Section 16-13-71, relating to exemptions to the dangerous drug list, the following paragraphs: (7.3) Clemastine where a single dose is 1.34 mg. or less; (13.5) Loperamide where a single dose is either 1 mg. per 5 ml. or 2 mg. per dosage unit; (17.5) Phenazopyridine where a single dose is 100 mg. or less, as approved by the federal Food and Drug Administration;. Section 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

Page 597

Section 9. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1993. INCOME TAXES WITHHOLDING TAX ON DISTRIBUTIONS BY PARTNERSHIPS, SUBCHAPTER S CORPORATIONS, AND LIMITED LIABILITY COMPANIES TO CERTAIN NONRESIDENTS. Code Section 48-7-100 Amended. Code Section 48-7-128 Enacted. No. 400 (House Bill No. 384). 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 provide for withholding tax on certain distributions by partnerships, Subchapter S corporations, and limited liability companies to certain nonresidents; to provide for definitions; to provide for procedures; to provide for penalties; to provide for returns; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; 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 5 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to current income tax payment, is amended by adding a new paragraph immediately following paragraph (2) of Code Section 48-7-100, relating to definitions regarding current income tax payment, to be designated paragraph (2.1), to read as follows:

Page 598

(2.1) `Distribution paid or credited' shall mean any disbursement of funds or recognition or assignment of interest in proceeds or property of a partnership, Subchapter `S' corporation, or limited liability company which is passed through to the members and which may be subject to Georgia income tax. Section 2. Said article is further amended by adding two new paragraphs immediately following paragraph (6) of Code Section 48-7-100, relating to definitions regarding current income tax payment, to be designated paragraphs (6.1) and (6.2), to read as follows: (6.1) `Member' shall mean partner, shareholder, or other person to whom the taxpaying obligation of the partnership, Subchapter `S' corporation, or limited liability company falls. (6.2) `Nonresident' shall mean an individual member who resides outside this state and a foreign or domestic corporate member whose headquarters or principal place of business is located outside this state. Section 3. Said article is further amended by adding a new Code section at the end thereof, to be designated Code Section 48-7-128, to read as follows: 48-7-128. (a) (1) Any partnership, Subchapter `S' corporation, or limited liability company which owns property or does business within this state shall be subject to a withholding tax. Such tax shall be withheld from any distributions paid or credited to members who are not residents of Georgia. (2) The amount of tax to be withheld for each nonresident member shall be determined by multiplying the distribution paid or credited by a rate of 4 percent. To the extent that the partnership, Subchapter `S' corporation, or limited liability company remits withholding tax during the course of the tax year which exceeds the Georgia income tax liability of a nonresident member, that

Page 599

member shall be entitled to a refund of the excess withholding at the end of the taxable year. (3) Any partnership, Subchapter `S' corporation, or limited liability company which fails to withhold and pay over to the commissioner any amount required to be withheld under this Code section may be liable for a penalty equal to the amount not withheld and paid over. Any penalty imposed under this subsection shall be paid upon notice and demand by the commissioner or the commissioner's delegate and shall be assessed and collected in the same manner as the withholding taxes imposed by this article. (4) The partnership, Subchapter `S' corporation, or limited liability company and its members shall be jointly and severally liable for the withholding tax liability imposed under this subsection and shall be assessed accordingly. (b) (1) As an alternative to the withholding requirement imposed by subsection (a) of this Code section, the commissioner may allow the filing of composite returns by partnerships, Subchapter `S' corporations, or limited liability companies on behalf of their nonresident members and may provide for the requirements of filing composite returns by regulation. For purposes of this subsection, the term `composite return' shall mean a return filed by a partnership, Subchapter `S' corporation, or limited liability company on behalf of all of its nonresident members which reports and remits the Georgia income tax of the nonresident members. (2) Where a partnership, Subchapter `S' corporation, or limited liability company chooses to file a composite return and meets all the requirements of filing the composite return, such partnership, Subchapter `S' corporation, or limited liability company shall be exempt from the withholding requirements imposed under subsection (a) of this Code section.

Page 600

(3) The liability imposed by this subsection shall be paid upon notice and demand by the commissioner or the commissioner's delegate and shall be assessed and collected in the same manner as all other withholding taxes imposed by this article. (c) (1) If a partnership, Subchapter `S' corporation, or limited liability company fails to remit withholding for a nonresident member and the commissioner determines that such failure is due to a false representation that the member is a resident of Georgia, there shall be imposed in addition to the tax a penalty of the greater of $250.00 or 5 percent of the amount which should have been withheld. The partnership, Subchapter `S' corporation, or limited liability company and the nonresident member shall be jointly and severally liable for any such penalty imposed. (2) The penalty imposed by this subsection shall be paid upon notice and demand by the commissioner or the commissioner's delegate and shall be assessed and collected in the same manner as withholding tax imposed by this article. (d) (1) Every partnership, Subchapter `S' corporation, or limited liability company which is required to deduct and withhold the withholding tax imposed by subsection (a) of this Code section shall file the required return on a form approved by the commissioner and remit payment to the department on or before the last day of the calendar month following the calendar month within which the distribution was paid or credited. (2) Every partnership, Subchapter `S' corporation, or limited liability company required to deduct and withhold tax under this article shall furnish, within 30 days of the close of its taxable year, to each nonresident member for which tax is withheld a written statement in duplicate, showing the name of the partnership, Subchapter `S' corporation, or limited liability company, the name of the member of the partnership, Subchapter `S' corporation, or limited liability company, the member's federal

Page 601

tax identification number, the total amount of distributions paid to the member during the taxable year, and the total amount of tax deducted and withheld with respect to the member during the taxable year. The written statement shall be in a form approved by the commissioner and shall contain such additional information as the commissioner may prescribe. The partnership, Subchapter `S' corporation, or limited liability company shall file copies of all such written statements with the commissioner. (3) Any partnership, Subchapter `S' corporation, or limited liability company required to furnish a nonresident member with the written statement required by this subsection which furnishes a false or fraudulent statement or which fails to furnish the statement shall be subject to the penalty contained in subsection (d) of Code Section 48-7-126. The penalty imposed by this subsection shall be paid upon notice and demand by the commissioner or the commissioner's delegate and shall be assessed and collected in the same manner as the withholding tax imposed by this article. (e) (1) Notwithstanding subsection (a) of this Code section, a partnership, Subchapter `S' corporation, or limited liability company shall not be required to deduct and withhold tax for a nonresident member if: (A) A composite return is filed on behalf of nonresident members pursuant to the requirements of filing such composite returns as set by the commissioner; (B) The aggregate annual distributions made to a member are less than $1,000.00; (C) A federally chartered Subchapter `S' corporation fails to meet the requirements of subparagraph (b)(7)(B) of Code Section 48-7-21 and is therefore required to remit corporate income tax;

Page 602

(D) Compliance will cause undue hardship on the partnership, Subchapter `S' corporation, or limited liability company, provided that no partnership, Subchapter `S' corporation, or limited liability company shall be exempt from complying with the withholding requirements imposed under subsection (a) of this Code section unless the commissioner approves in writing a written petition for exemption from the withholding requirements based on undue hardship. The commissioner may prescribe the form and contents of such a petition and specify standards for when a partnership, Subchapter `S' corporation, or limited liability company will not be required to comply with the withholding requirements due to undue hardship; (E) The partnership is a publicly traded partnership as defined in Section 7704 of the Internal Revenue Code of 1986; or (F) The member meets one of the exceptions as set forth in the rules and regulations promulgated by the commissioner. (2) Where distributions paid or credited to nonresident members of partnerships, Subchapter `S' corporations, or limited liability companies are subject to withholding under other provisions of Georgia law or represent a return of such member's investment or a return of capital, such distributions shall not be subject to withholding under subsection (a) of this Code section. (f) The commissioner is authorized to prescribe forms and to promulgate rules and regulations which the commissioner deems necessary in order to effectuate this Code section. Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable with respect to any distribution paid or credited after January 1, 1994.

Page 603

Section 5. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1993. PROPERTY TAXES COUNTY BOARD OF TAX ASSESSORS; MEMBERS INELIGIBLE AS PROPERTY APPRAISAL STAFF; COUNTIES OF 100,000 OR MORE. Code Section 48-5-292 Amended. No. 401 (House Bill No. 493). AN ACT To amend Code Section 48-5-292 of the Official Code of Georgia Annotated, relating to the ineligibility of members of the county board of tax assessors to hold other offices, so as to provide that in any county in this state with a population of 100,000 or more according to the United States decennial census of 1990 or any future such census, such members shall not be eligible to hold simultaneously any county property appraisal staff position, except as otherwise provided by law; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 48-5-292 of the Official Code of Georgia Annotated, relating to the ineligibility of members of the county board of tax assessors to hold other offices, is amended by adding a new subsection at the end thereof, to be designated subsection (c), to read as follows: (c) In any county in this state with a population of 100,000 or more according to the United States decennial census of 1990 or any future such census, no member of a county board of tax assessors shall be eligible to hold any county property appraisal staff position during the time such

Page 604

person holds office as a member of a county board of tax assessors, except as otherwise 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 9, 1993. CRIMES AND OFFENSES FIREARMS; POSSESSION BY CERTAIN COUNTY AND CITY OFFICIALS. Code Section 16-11-130 Amended. No. 402 (House Bill No. 490). AN ACT To amend Code Section 16-11-130 of the Official Code of Georgia Annotated, relating to exemptions from certain provisions of law relating to the possession and carrying of firearms, so as to add state court solicitors and investigators and certain corresponding personnel of certain city courts, county medical examiners and coroners and their sworn officers employed by county government, and clerks of the superior courts to the list of persons exempt from certain provisions of law; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 16-11-130 of the Official Code of Georgia Annotated, relating to exemptions from certain provisions of law relating to the possession and carrying of firearms,

Page 605

is amended by striking subsection (a) and inserting in its place a new subsection to read as follows: (a) Code Sections 16-11-126 through 16-11-128 shall not apply to or affect any of the following persons if such persons are employed full time in the offices listed below or if not full-time employees while engaged in pursuit of official duty or when authorized by federak or state law, regulations, or order: (1) Peace officers; (2) Wardens, superintendents, and keepers of correctional institutions, jails, or other institutions for the detention of persons accused or convicted of an offense; (3) Persons in the military service of the state or of the United States; (4) Persons employed in fulfilling defense contracts with the government of the United States or agencies thereof when possession of the weapon is necessary for manufacture, transport, installation, and testing under the requirements of such contract; (5) District attorneys, investigators employed by and assigned to a district attorney's office, and assistant district attorneys; (5.1) State court solicitors; investigators employed by and assigned to a state court solicitor's office; assistant state court solicitors; the corresponding personnel of any city court expressly continued in existence as a city court pursuant to Article VI, Section X, Paragraph I, subparagraph (5) of the Constitution; and the corresponding personnel of any civil court expressly continued as a civil court pursuant to said provision of the Constitution; (6) Those employees of the State Board of Pardons and Paroles when specifically designated and authorized in writing by the members of the State Board of Pardons and Paroles to carry a weapon;

Page 606

(7) The Attorney General and those members of his staff whom he specifically authorizes in writing to carry a weapon; (8) Probation supervisors employed by and under the authority of the Department of Corrections pursuant to Article 2 of Chapter 8 of Title 42, known as the `Statewide Probation Act,' when specifically designated and authorized in writing by the director of Division of Probation; (9) Public safety directors of municipal corporations; (10) Trial judges; (11) United States Attorneys and Assistant United States Attorneys; (12) County medical examiners and coroners and their sworn officers employed by county government; and (13) Clerks of the superior courts. Section 2. This Act shall become effective upon its approval by the Governor 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, 1993.

Page 607

PEACE OFFICERS' ANNUITY AND BENEFIT FUND POSTRETIREMENT BENEFIT INCREASES. Code Section 47-17-26 Enacted. No. 403 (House Bill No. 497). AN ACT To amend Article 2 of Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to the administration and management of the assets of the Peace Officers' Annuity and Benefit Fund, so as to authorize the board of trustees of such fund to grant postretirement benefit increases when actuarially feasible; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 2 of Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to the administration and management of the assets of the Peace Officers' Annuity and Benefit Fund, is amended by inserting at the end thereof the following: 47-17-26. (a) Subject to the terms and limitations of this Code section, the board of trustees is authorized to adopt from time to time a method or methods of providing for increases in the maximum monthly retirement benefit payable under Article 6 of this chapter for persons theretofore or thereafter retiring under this chapter. Such method shall be based upon: (1) The recommendation of the actuary of the board of trustees; (2) The maintenance of the actuarial soundness of the fund in accordance with the standards provided in Code Section 47-20-10 or such higher standards as may be adopted by the board; and (3) Such other factors as the board deems relevant.

Page 608

Any such increase may be uniform or may vary in accordance with the time of retirement, length of service, age, nature of the retirement, or such other factors as the board of trustees shall determine. (b) An initial increase may be granted pursuant to subsection (a) of this Code section to become effective on July 1, 1993, not to exceed 3 percent of the maximum monthly retirement benefit then in effect. Thereafter, such increases may be authorized effective as of January 1 and July 1 of each year; provided, however, that no such increase shall exceed 1 percent of the maximum monthly retirement benefit then in effect. (c) No increase shall be made pursuant to subsection (a) of this Code section to become effective within six months of the effective date of any increase in the maximum retirement benefit granted by the General Assembly through amendment of Code Section 47-17-80. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1993. SHERIFFS' RETIREMENT FUND OF GEORGIA BENEFIT INCREASES. Code Sections 47-16-29 and 47-16-101 Amended. No. 404 (House Bill No. 502). AN ACT To amend Chapter 16 of Title 47 of the Official Code of Georgia Annotated, relating to the Sheriffs' Retirement Fund of Georgia, so as to authorize the board of trustees of such fund to grant postretirement benefit increases; to authorize such board

Page 609

of trustees to grant prospective retirement benefit increases; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 16 of Title 47 of the Official Code of Georgia Annotated, relating to the Sheriffs' Retirement Fund of Georgia, is amended by inserting immediately following Code Section 47-16-28 the following: 47-16-29. (a) Subject to the terms and limitations of this Code section, the board of trustees is authorized to adopt from time to time a method or methods of providing for increases in the maximum monthly retirement benefit payable under Article 6 of this chapter for persons theretofore or thereafter retiring under this chapter. Such method shall be based upon: (1) The recommendation of the actuary of the board of trustees; (2) The maintenance of the actuarial soundness of the fund in accordance with the standards provided in Code Section 47-20-10 or such higher standards as may be adopted by the board; and (3) Such other factors as the board deems relevant. Any such increase may be uniform or may vary in accordance with the time of retirement, length of service, age, nature of the retirement, or such other factors as the board of trustees shall determine. (b) An initial increase may be granted pursuant to subsection (a) of this Code section to become effective on July 1, 1993, not to exceed 3 percent of the maximum monthly retirement benefit then in effect. Thereafter, such increases may be authorized effective as of January 1 and July 1 of each year; provided, however, that no such increase shall exceed 1 percent of the maximum monthly retirement benefit then in effect.

Page 610

(c) No increase shall be made pursuant to subsection (a) of this Code section to become effective within six months of the effective date of any increase in the maximum retirement benefit granted by the General Assembly through amendment of Code Section 47-16-101. Section 2. Said chapter is further amended by striking in its entirety Paragraph (1) of Subsection (a) of Code Section 47-16-101, relating to retirement benefits and options under such fund and matters related thereto, and inserting in lieu thereof the following: (1) Option One shall be known as a `single life annuity' and shall provide retirement benefits for the life of the member only. If the member has no more than four years of service credited to such member under this chapter, the member shall be paid a benefit of $204.00 per month until the member's death. If the member has more than four years credited to such member under the provisions of this chapter, such member shall be paid a benefit of $204.00 per month, plus $51.00 per month for each additional year of service so credited to the member, and, in the event the member shall have additional service credit not totaling a full year, the further sum of one-twelfth of the amount paid per month for each additional year of service credit over four years shall be paid for each month of additional service so credited to the member; provided that in no case shall such benefits exceed $1,530.00 per month; provided, further, that the board of trustees shall be authorized to increase such benefits by an amount not to exceed 3 percent per annum based on the following factors: (1) The recommendation of the actuary of the board of trustees; (2) The maintenance of the actuarial soundness of the fund in accordance with the standards provided in Code Section 47-20-10 or such higher standards as may be adopted by the board; and (3) Such other factors as the board deems relevant.

Page 611

Any such increase may be uniform or may vary in accordance with the time of retirement, length of service, age, nature of the retirement, or such other factors as the board of trustees shall determine; provided, however, that no such increase shall be made to become effective within six months of the effective date of any increase in the maximum retirement benefit granted by the General Assembly through amendment of Code Section 47-16-101. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1993. INSURANCE PREMIUM DISCOUNTS FOR CERTAIN DRIVERS; REQUIREMENTS. Code Section 33-9-42 Amended. No. 405 (House Bill No. 648). AN ACT To amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to insurance rates, underwriting rules, and related organizations, so as to revise provisions relative to premium discounts for drivers meeting certain requirements and completing certain courses; to provide for requirements for drivers under the age of 25; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to insurance rates, underwriting rules, and related organizations, is amended by striking Code Section 33-9-42, relating to eligibility for reductions in premiums

Page 612

for motor vehicle insurance policies, and inserting in its place a new Code Section 33-9-42 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) or subsection (c), as applicable, of this Code section. (b) Reductions in premiums shall be available if all named drivers who are 25 years of age or older: (1) Have committed no traffic offenses for the prior three years or since the date of licensure, whichever is shorter; (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 school 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; (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

Page 613

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; or (D) A course in defensive driving of not less than six hours offered by an employer to its employees and their immediate families, which course has been approved by the Department of Public Safety. (c) Reductions in premiums shall be available if all named drivers who are under 25 years of age: (1) Have committed no traffic offenses for the prior three years or since the date of licensure, whichever is shorter; (2) Have had no claims based on fault against an insurer for the prior three years; and (3) Complete a preparatory course offered to new drivers of not less that 30 hours of classroom training and not less than six hours of practical training by a driver's training school approved by and under the jurisdiction of the Department of Public safety or by an accredited secondary school, junior college, or college. (d) Upon completion of one of the driving courses specified in paragraph (3) of subsection (b) or paragraph (3) of subsection (c), as applicable, 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. (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

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shall be available 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) or paragraph (3) of subsection (c) 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) or subsection (c), as applicable, of this Code section.

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Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1993. DRIVERS' LICENSES FEE FOR REPLACEMENT DUE TO NAME OR ADDRESS CHANGE. Code Section 40-5-25 Amended. No. 406 (House Bill No. 704). AN ACT To amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of licenses, so as to provide for replacement of licenses by reason of a change of name or address; to provide for fees; to provide for the period of validity of such licenses; 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 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of licenses, is amended by striking subsection (a) of Code Section 40-5-25, relating to license applications and fees, in its entirety and inserting in lieu thereof the following: (a) Every application for an instruction permit or for a driver's license shall be made upon a form furnished by the department. Every application shall be accompanied by the proper license fee. The fees shall be as established by the Department of Public Safety, not to exceed:

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(1) For instruction permits for Classes A, B, C, and M drivers' licenses $ 10.00 (2) For Classes C and M drivers' licenses 15.00 (3) For Classes A and B drivers' licenses 15.00 (4) For application for Classes A, B, C, and M commercial drivers' licenses or a Class P commercial driver's instruction permit 35.00 (5) For Class P commercial drivers' instruction permits for Classes A, B, C, and M commercial drivers' licenses 10.00 (6) For Classes A, B, C, and M commercial drivers' licenses, initial issuance requiring a road test 65.00 (7) For Classes A, B, C, and M commercial drivers' licenses, initial issuance not requiring a road test 15.00 (8) For renewal of Classes A, B, C, and M commercial drivers' licenses 15.00 (9) Initial issuance of Classes A, B, C, and M commercial drivers' licenses and Class P commercial drivers' instruction permits shall include all endorsement fees within the license fee. Each endorsement added after initial licensing 5.00 Except as provided in Code Section 40-5-36, relating to veterans' licenses, and Code Section 40-5-149, relating to application fees for public school bus drivers, there shall be no exceptions to the fee requirements for a commercial driver's license or a commercial driver's license permit. Norwithstanding, any other provision of this Code section, the fee for replacement of any driver's license solely due to a change of the licensee's name or address shall be $10.00, provided that such replacement license shall be valid only for the remaining period of such original license.

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Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1993. ELECTIONS NOTIFICATION OF CANDIDATE DISQUALIFICATION; BOARDS ASSUMING DUTIES OF ELECTION SUPERINTENDENTS; PARTY NOMINATIONS; VOTER REGISTRATION; VOTING PRECINCTS MAPS; CONTESTS OF ELECTION RESULTS. Code Title 21, Chapter 2 Amended. Code Title 21, Chapter 3 Amended. No. 407 (House Bill No. 802). AN ACT To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for notification to voters in the event a candidate is disqualified; to change certain provisions relating to boards which assume the duties of election superintendents under certain circumstances; to change certain provisions relating to the fixing, publishing, paying, and distributing of qualifying fees; to change the time when candidates qualify for party nomination in the case of a special primary; to provide for additional appeals from certain decisions denying or allowing voter registration; to change certain provisions relating to polling places; to authorize the use of certain additional maps with respect to boundaries of certain voting precincts; to change certain provisions relating to certain referenda on the question of using voting machines; to delete certain grounds for contesting the results of certain primaries or elections; to change certain provisions relating to the calling of municipal special primaries and elections; to provide for other matters relative to

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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 subsection (c) of Code Section 21-2-5, relating to qualifications of candidates for state and federal office, and inserting in its place a new subsection (c) to read as follows: (c) The Secretary of State shall determine if the candidate is qualified to seek and hold the public office for which such candidate is offering. If the Secretary of State determines that the candidate is not qualified, the Secretary of State shall withhold the name of the candidate from the ballot or strike such candidate's name from the ballot if the ballots have been printed. If there is insufficient time to strike the candidate's name or reprint the ballots, a prominent notice shall be placed at each affected polling place advising voters of the disqualification of the candidate and all votes cast for such candidate shall be void and shall not be counted. Section 2. Said title is further amended by striking subsection (c) of Code Section 21-2-6, relating to qualifications of candidates for county office, and inserting in its place a new subsection (c) to read as follows: (c) The superintendent shall determine if the candidate is qualified to seek and hold the public office for which such candidate is offering. If the superintendent determines that the candidate is not qualified, the superintendent shall withhold the name of the candidate from the ballot or strike such candidate's name from the ballot if the ballots have been printed. If there is insufficient time to strike the candidate's name or reprint the ballots, a prominent notice shall be placed at each affected polling place advising voters of the disqualification of the candidate and all votes cast for such candidate shall be void and shall not be counted.

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Section 3. Said title is further amended by striking Code Section 21-2-74, relating to the creation of a board to assume the duties of the election superintendent under certain circumstances, and inserting in its place a new Code Section 21-2-74 to read as follows: 21-2-74. If a county does not have a board of elections and if the judge of the probate court of that county is a candidate, with opposition, for any public office in a primary or election, a board to be composed of the judge of the probate court who shall serve as chairperson, of an elector of the county named by the state democratic executive committee, and of an elector of the county named by the state republican executive committee shall assume the duties of the election superintendent for any such primary or election. In selecting a person to serve, the state executive committee is authorized to seek the recommendation of the county executive committee, if any; persons from the county who are active in the party; persons who are present or former officials in the party; persons who hold political office or who have sought political office as candidates of the party; and such other persons as the committee shall desire to consult. Section 4. Said title is further amended by striking paragraphs (3) and (4) of subsection (c) of Code Section 21-2-131, relating to the fixing, publishing, paying, and distributing of qualifying fees, and inserting in their place new paragraphs (3) and (4), respectively, to read as follows: (3) Qualification fees paid to the superintendent of the county: 50 percent to be transmitted to the state executive committee of the appropriate political body, if the person qualifies as a candidate of that political body; 50 percent to be retained by the superintendent of the county. Such fees shall be transmitted as soon as practicable by the superintendent to the governing authority of the county, to be applied toward the cost of holding the election; (4) Qualification fees paid to the Secretary of State shall be prorated and distributed as follows: 75 percent to be transmitted to the appropriate political body, if the person qualifies as a candidate of that political body; 25 percent to

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be retained by the Secretary of State. Such fees shall be transmitted as soon as practicable by the Secretary of State as follows: one-third to the state treasury and two-thirds to the governing authority of the county or counties in the district in which the candidate runs, such fees to be applied to the cost of holding the election. If the office sought by the candidate is filled by the vote of the electors of more than one county, such fee shall be divided among the counties involved in proportion to the vote cast by each county in the preceding presidential election. Section 5. Said title is further amended by striking subsection (c) of Code Section 21-2-153, relating to qualification of candidates for party nomination in a primary, and inserting in its place a new subsection (c) to read as follows: (c) In the case of a general primary, the candidates or their agents shall commence qualifying at 9:00 A.M. on the fourth Monday in April immediately prior to the primary and shall cease qualifying at 12:00 Noon on the Friday following the fourth Monday in April. In the case of a special primary, the candidate shall qualify no earlier than the date of the call for the special primary and no later than 25 days prior to the date of such primary. Section 6. Said title is further amended by striking Code Section 21-2-224, relating to appeals from decisions denying or allowing voter registrations, and inserting in its place a new Code Section 21-2-224 to read as follows: 21-2-224. Any person to whom the right of registration is denied by the registration officers or who is removed from the list of electors by the registration officers shall have the right to take an appeal to the superior court of the county, and any elector may enter an appeal to such court from the decision of the registration officers allowing any person to register. All appeals must be filed in writing with the board of registrars within ten days from the date of the decision complained of and shall be returned by the board of registrars to the office of the clerk of such court to be tried as other appeals. Pending an appeal and until the final judgment

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of the case, the decision of the registration officers shall remain in full force. Section 7. Said title is further amended by striking Code Section 21-2-238, relating to persons entitled to vote in each precinct, and inserting in its place a new Code Section 21-2-238 to read as follows: 21-2-238. All persons whose names appear on the list of electors placed in the possession of the managers in each precinct, and no others, shall be allowed to deposit their ballots according to law at the precinct in which they are registered; provided, however, that nothing in this Code section shall prevent the voting of electors in one central location in the county if provisions are made in that central location for voters to vote as they otherwise would be permitted to vote in their respective precincts and provided, further, that the polling place in each precinct shall be open during each primary and each election. Section 8. Said title is further amended by striking paragraph (1) of subsection (a) of Code Section 21-2-261.1, relating to boundary requirements for voting precincts, and inserting in its place a new paragraph (1) to read as follows: (1) Visible features which are readily distinguishable upon the ground (such as streets, railroad tracks, streams, lakes, and ridges) and which are indicated upon official Department of Transportation maps, current census maps, city or county planning maps, or any combination of such maps; or. Section 9. Said title is further amended by striking subsections (a) and (b) of Code Section 21-2-321, relating to referenda on the use of voting machines, and inserting in their place new subsections (a) and (b), respectively, to read as follows: (a) The governing authority of any county which conducts elections by paper ballot may, upon its own motion, submit to the electors of the county, at any election, the

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question: `Shall voting machines be used in the County of.....?' (b) The governing authority of any county which conducts elections by paper ballot, upon the filing of a petition with it signed by electors of the county equal in number to at least 1 percent of the total number of electors who voted in such county at the preceding general election, shall, at the next election occurring at least 45 days thereafter, submit to the electors of such county the question: `Shall voting machines be used in the County of.....?' . Section 10. Said title is further amended by striking paragraph (2) of Code Section 21-2-522, relating to grounds for election contests, and inserting in its place a new paragraph (2) to read as follows: (2) Reserved;. Section 11. Said title is further amended by striking subsection (c) of Code Section 21-3-3, relating to qualifications of candidates for municipal office, and inserting in its place a new subsection (c) to read as follows: (c) The superintendent shall determine if the candidate is qualified to seek and hold the public office for which such candidate is offering. If the superintendent determines that the candidate is not qualified, such superintendent shall withhold the name of the candidate from the ballot or strike such candidate's name from the ballot if the ballots have been printed. If there is insufficient time to strike the candidate's name or reprint the ballots, a prominent notice shall be placed at each affected polling place advising voters of the disqualification of the candidate and all votes cast for such candidate shall be void and shall not be counted. Section 12. Said title is further amended by striking subsection (b) of Code Section 21-3-52, relating to municipal special elections, and inserting in its place a new subsection (b) to read as follows:

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(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. Special elections which are to be held in conjunction with a general primary or general election conducted under Chapter 2 of this title shall be called at least 60 days prior to the date of such general primary or general election; provided, however, that this requirement shall not apply to special elections held on the same date as such general primary or general election, but conducted separate and apart from such general primary or general election. Section 13. Said title is further amended by striking Code Section 21-3-129, relating to appeals from decisions denying or allowing voter registration, and inserting in its place a new Code Section 21-3-129 to read as follows: 21-3-129. Any person to whom the right of registration is denied by the registration officers or who is removed from the list of electors by the registration officers shall have the right to take an appeal to the superior court of the county; and any elector may enter an appeal to such court from the decision of the registration officers allowing any person to register. All appeals must be filed in writing with the chief registrar within ten days from the date of the decision complained of and shall be returned by the chief registrar to the office of the clerk of such court to be tried, de novo, as are appeals from the probate court. Pending an appeal and until the final judgment of the case, the decision of the registration officer shall remain in full force. Section 14. Said title is further amended by striking paragraph (1) of subsection (a) of Code Section 21-3-161.1, relating to boundaries of voting precincts, and inserting in its place a new paragraph (1) to read as follows: (1) Visible features which are readily distinguishable upon the ground (such as streets, railroad tracks, streams, lakes, and ridges) and which are indicated upon official Department of Transportation maps, current census maps, city

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or county planning maps, or any combination of such maps; or. Section 15. Said title is further amended by striking subsection (a) of Code Section 21-3-221, relating to referenda on the use of voting machines, and inserting in its place a new subsection (a) to read as follows: (a) The governing authority of any municipality which conducts elections by paper ballot, upon its own motion or upon the receipt of a petition signed by at least 10 percent of the electors who voted in such municipality at the preceding general election, may submit to the electors of the municipality, at an election, the question: `Shall voting machines be used in the municipality of.....?' . Section 16. Said title is further amended by striking paragraph (2) of Code Section 21-3-422, relating to grounds for municipal election contests, and inserting in its place a new paragraph (2) to read as follows: (2) Reserved;. Section 17. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 18. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1993.

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INSURANCE PAYMENT OF DIVIDENDS BY CERTAIN INSURERS; REASONABLENESS OF SURPLUS; DOMESTIC STOCK DIVIDENDS. Code Sections 33-13-4, 33-13-5, and 33-14-41 Amended. No. 408 (House Bill No. 949). AN ACT To amend Chapter 13 of Title 33 of the Official Code of Georgia Annotated, relating to insurance holding company systems, and Chapter 14 of Title 33 of the Official Code of Georgia Annotated, relating to domestic stock and mutual insurers, so as to revise provisions regarding the payment of dividends by certain insurers; to provide for the time period for the reporting of payment of dividends; to provide what shall be considered an extraordinary dividend in terms of fair market value; to provide factors to be considered by the Commissioner of Insurance in determining whether an insurer's surplus with regard to policyholders is reasonable; to provide for the payment of dividends by a domestic stock insurer from unassigned surplus; to provide for approval of the Commissioner of such payments; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 13 of Title 33 of the Official Code of Georgia Annotated, relating to insurance holding company systems, is amended by striking subsection (d) of Code Section 33-13-4, relating to the registration of insurers belonging to holding company systems, and inserting in its place a new subsection (d) to read as follows: (d) Amendment of registration statements . Each registered insurer shall keep current the information required to be disclosed in its registration statement by reporting all material changes or additions on amendment forms provided by the Commissioner, within 15 days after the end of the month in which it learns of each change or addition; provided, however, subject to subsection (c) of Code Section 33-13-5, each

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registered insurer shall so report all dividends and other distributions to shareholders within five business days following the declaration of the dividends and other distributions and at least ten days prior to the payment thereof. Section 2. Said chapter is further amended by striking subsection (b) and (c) of Code Section 33-13-5, relating to standards governing transactions by registered insurers with affiliates generally, and inserting in their respective places new subsections (b) and (c) to read as follows: (b) (1) No domestic insurer shall apply any extraordinary dividend or make any other extraordinary distribution 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 greater 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 month period ending December 31 next preceding, but shall not include pro rata distributions of any class of the insurer's own securities. (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.

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(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: (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 surplus as regards policyholders; (8) The surplus with regard to policyholders maintained by other comparable insurers, considering the factors provided in paragraphs (1) through (7) of this subsection; (9) The adequacy of the insurer's reserves; (10) The quality and liquidity of investments in affiliates. The Commissioner may discount or treat any such investment as a disallowed asset for purposes of determining the adequacy of surplus with regard to policyholders whenever in the Commissioner's judgment such investment so warrants; and

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(11) The quality of the insurer's earnings and the extent to which reported earnings include extraordinary items. Section 3. Chapter 14 of Title 33 of the Official Code of Georgia Annotated, relating to domestic stock and mutual insurers, is amended by striking Code Section 33-14-41, relating to dividends payable out of realized profits, and inserting in its place a new Code Section 33-14-41 to read as follows: 33-14-41. (a) As used in this Code section, the term `unassigned surplus' means, with respect to a stock insurer, undistributed, accumulated, surplus, including net income and unrealized gains, since the organization of such insurer. (b) A domestic stock insurer may pay dividends to its stockholders only out of unassigned surplus or upon special approval of the Commissioner upon the terms and conditions set out in subsection (c) of this Code section. (c) Notwithstanding any other provision of the law, a domestic stock insurer may, conditioned upon receipt of the Commissioner's approval, declare a dividend from other than unassigned surplus; provided, however, that such declaration shall confer no rights upon the security holders of such insurer and such insurer may not pay such dividend until the Commissioner has: (1) Approved the payment of such dividend; or (2) Not disapproved the payment of such dividend within thirty days after receipt of notice from such insurer of the declaration thereof. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1993.

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GOODS PRODUCED BY INMATES SALE TO PRIVATE CONTRACTOR FOR USE IN PUBLICLY FUNDED PROJECT. Code Section 42-5-60 Amended. No. 409 (House Bill No. 844). AN ACT To amend Code Section 42-5-60 of the Official Code of Georgia Annotated, relating to employment of penal institution inmates and production of goods by inmates, so as to change provisions relating to prohibited sales to private persons, firms, associations, and corporations; to provide that such prohibition shall not apply to a sale to a private contractor of items for use in the completion of a publicly funded project; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 42-5-60 of the Official Code of Georgia Annotated, relating to employment of penal institution inmates and production of goods by inmates, is amended by striking subsection (b) and inserting in its place a new subsection to read as follows: (b) No goods, wares, or merchandise which has been manufactured, produced, or mined, wholly or in part, by the inmates of any state or county correctional institution operated under the jurisdiction of the board shall be sold in this state to any private person, firm, association, or corporation, except that this prohibition shall not apply to: (1) Sales to private colleges and universities; or (2) A sale to a private contractor of goods, wares, or merchandise for use in the completion of a publicly funded project.

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Nothing in this subsection shall be construed to forbid the sale of such goods or merchandise to other political subdivisions, public authorities, municipalities, or agencies of the state or local governments to be consumed by them or to agencies of the state to be in turn sold by the agency to the public in the performance of the agency's duties as required by law. This subsection does not prohibit the sale of unprocessed agricultural products produced on state property. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1993. JAILS ALCOHOLIC BEVERAGES, CONTROLLED SUBSTANCES, DANGEROUS DRUGS, MARIJUANA, GUNS, DANGEROUS WEAPONS PROHIBITED; PENALTY. Code Section 42-4-13 Amended. No. 410 (House Bill No. 29). AN ACT To amend Code Section 42-4-13 of the Official Code of Georgia Annotated, relating to the possession of drugs, weapons, or alcohol by inmates of a jail, so as to provide that it shall be unlawful for any person to come inside the guard lines established at any jail with, or to give or have delivered to an inmate of a jail, any alcoholic beverage, controlled substance, dangerous drug, or any marijuana in a quantity of one ounce or less, or any gun, pistol, or other dangerous weapon without the knowledge and consent of the sheriff or the sheriff's designated representative or a detention facility administrator or his or her designee;

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to provide an exception; to provide penalties; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 42-4-13 of the Official Code of Georgia Annotated, relating to the possession of drugs, weapons, or alcohol by inmates of a jail, is amended by adding at the end thereof a new subsection (d) to read as follows: (d) (1) It shall be unlawful for any person to come inside the guard lines established at any jail with, or to give or have delivered to an inmate of a jail, any alcoholic beverage, controlled substance, dangerous drug, or any marijuana in a quantity of one ounce or less, or any gun, pistol, or other dangerous weapon without the knowledge and consent of the sheriff or the sheriff's designated representative or a detention facility administrator or his or her designee; provided, however, that the provisions of this subsection shall not apply to nor prohibit the use of an alcoholic beverage by a clergyman or priest in sacramental services only. (2) Except as otherwise provided in paragraph (3) of this subsection, any person who violates paragraph (1) of this subsection shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one nor more than five years. (3) Notwithstanding the provisions of paragraph (2) of this subsection, the possession or distribution of a controlled substance or marijuana in a quantity greater than one ounce shall be punished as provided in Chapter 13 of Title 16. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1993.

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INMATE RECORDS FORM; DISCLOSURE AS PUBLIC RECORDS. Code Section 42-4-7 Amended. No. 411 (House Bill No. 30). AN ACT To amend Code Section 42-4-7 of the Official Code of Georgia Annotated, relating to maintenance of inmate records by the sheriff and good-time allowances, so as to change the provisions relating to the inmate records maintained by the sheriff and the inspection of such records; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 42-4-7 of the Official Code of Georgia Annotated, relating to maintenance of inmate records by the sheriff and good-time allowances, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) The sheriff shall keep a record of all persons committed to the jail of the county of which he or she is sheriff. This record shall contain the name of the person committed, such person's age, sex, race, under what process such person was committed and from what court the process issued, the crime with which the person was charged, the date of such person's commitment to jail, the day of such person's discharge, under what order such person was discharged, and the court from which the order issued. This record shall be subject to examination by any person in accordance with the provisions of Article 4 of Chapter 18 of Title 50, relating to the inspection of public records.

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Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1993. UNIFORM COMMERCIAL CODE LEASES. Code Title 11, Article 2A Enacted. Code Sections 11-1-105, 11-1-201, and 11-9-113 Amended. No. 412 (House Bill No. 395). AN ACT To amend Title 11 of the Official Code of Georgia Annotated, known as the Uniform Commercial Code, so as to add a new Article 2A, relating to leases; to provide for a short title; to provide for scope; to provide for definitions and an index of definitions; to provide for leases subject to other law; to provide for territorial application of such article to goods covered by a certificate of title; to provide for limitation on the power of parties to consumer leases to choose applicable law and judicial forum; to provide for a waiver or renunciation of a claim or right after default; to provide for unconscionability; to provide for an option to accelerate at will; to provide for the formation and construction of a lease contract; to provide for the statute of frauds; to provide for final written expression and parol or extrinsic evidence; to provide that seals are inoperative; to provide for formation in general; to provide for firm offers; to provide for offer and acceptance in formation of a lease contract; to provide for a course of performance or practical construction; to provide for modification, rescission, and waiver; to provide for a lessee under a finance lease as beneficiary of a supply contract; to provide for express warranties; to provide for warranties against interference and against infringement and lessee's obligation against infringement; to provide for an implied warranty of merchantability; to provide for an implied warranty of fitness for a particular purpose; to provide for exclusion or modification of warranties; to

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provide for cumulation and conflict of warranties express or implied; to provide for third-party beneficiaries of express and implied warranties; to provide for identification; to provide for insurance and proceeds; to provide for risk of loss; to provide for effect of a default on risk of loss; to provide for casualty to identified goods; to provide for effect of a lease contract; to provide for enforceability of a lease contract; to provide for title to and possession of goods; to provide for alienability of a party's interest under a lease contract or of lessor's residual interest in goods, delegation of performance, and transfer of rights; to provide for subsequent lease of goods by a lessor; to provide for sale or sublease of goods by a lessee; to provide for priority of certain liens arising by operation of law; to provide for priority of liens arising by attachment or levy on, security interests in, and other claims to goods; to provide for special rights of creditors; to provide for lessor's and lessee's rights when goods become fixtures; to provide for lessor's and lessee's rights when goods become accessions; to provide that priority is subject to subordination; to provide for repudiated, substituted, and excused performance of a lease contract; to provide for insecurity and adequate assurance of performance; to provide for anticipatory repudiation; to provide for retraction of anticipatory repudiation; to provide for substituted performance; to provide for excused performance; to provide for procedure on excused performance; to provide for irrevocable promises in finance leases; to provide for default; to provide for procedure upon default; to provide for notice after default; to provide for modification or impairment of rights and remedies; to provide for liquidation of damages; to provide for cancellation and termination and effect of cancellation, termination, rescission, or fraud on rights and remedies; to provide for statute of limitations; to provide for proof of market rent at a time and place; to provide for default by lessor; to provide for lessee's remedies; to provide for lessee's rights on improper delivery and rightful rejection; to provide for installment lease contracts and rejection and default; to provide for a merchant lessee's duties as to rightfully rejected goods; to provide for a lessee's duties as to rightfully rejected goods; to provide for a cure by lessor of improper tender or delivery and replacement; to provide for a waiver of lessee's objections; to provide for acceptance of goods; to provide for effect of acceptance of goods, notice of default, burden of establishing default after acceptance, and notice of claim or litigation to person answerable over;

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to provide for revocation of acceptance of goods; to provide for cover and substitute goods; to provide for lessee's damages for nondelivery, repudiation, default, and breach of warranty in regard to accepted goods; to provide for lessee's incidental and consequential damages; to provide for a lessee's right to specific performance or replevin; to provide for a lessee's right to goods on a lessor's insolvency; to provide for default by lessee; to provide for a lessor's remedies; to provide for a lessor's right to identify goods to lease contract; to provide for a lessor's right to possession of goods; to provide for a lessor's stoppage of delivery in transit or otherwise; to provide for a lessor's rights to dispose of goods; to provide for a lessor's damages for nonacceptance, failure to pay, repudiation, or other default; to provide for a lessor's action for the rent; to provide for a lessor's incidental damages; to provide for standing to sue third parties for injury to goods; to provide for a lessor's rights to residual interest; to provide for conforming amendments; to change the provisions relating to territorial application of the Uniform Commercial Code and parties' power to choose applicable law; to change the general definition of security interest for the purpose of Title 11; to change the provisions relating to security interests arising under the article on sales and provide for security interests arising under the article on leases; 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 11 of the Official Code of Georgia Annotated, known as the Uniform Commercial Code, is amended by adding, following Article 2, a new Article 2A to read as follows:

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ARTICLE 2A LEASES Part 1 General Provisions 11-2A-101. Short title. This article shall be known and may be cited as `Uniform Commercial Code - Leases.' 11-2A-102. Scope. This article applies to any transaction, regardless of form, that creates a lease. 11-2A-103. Definitions and index of definitions. (1) In this article unless the context otherwise requires: (a) `Buyer in ordinary course of business' means a person who in good faith and without knowledge that the sale to him is in violation of the ownership rights or security interest or leasehold interest of a third party in the goods buys in ordinary course from a person in the business of selling goods of that kind but does not include a pawnbroker. `Buying' may be for cash or by exchange of other property or on secured or unsecured credit and includes receiving goods or documents of title under a pre-existing contract for sale but does not include a transfer in bulk or as security for or in total or partial satisfaction of a money debt. (b) `Cancellation' occurs when either party puts an end to the lease contract for default by the other party. (c) `Commercial unit' means such a unit of goods as by commercial usage is a single whole for purposes of lease and division of which materially impairs its character or value on the market or in use. A commercial unit may be a single article, as a machine, or a set of articles, as a suite of furniture or a line of machinery, or a quantity, as a gross or carload, or any other unit treated in use or in the relevant market as a single whole.

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(d) `Conforming' goods or performance under a lease contract means goods or performance that are in accordance with the obligations under the lease contract. (e) `Consumer lease' means a lease that a lessor regularly engaged in the business of leasing or selling makes to a lessee who is an individual and who takes under the lease primarily for a personal, family, or household purpose. (f) `Fault' means wrongful act, omission, breach, or default. (g) `Finance lease' means a lease with respect to which: (i) The lessor does not select, manufacture, or supply the goods; (ii) The lessor acquires the goods or the right to possession and use of the goods in connection with the lease; and (iii) One of the following occurs: (A) The lessee receives a copy of the contract by which the lessor acquired the goods or the right to possession and use of the goods before signing the lease contract; (B) The lessee's approval of the contract by which the lessor acquired the goods or the right to possession and use of the goods is a condition to effectiveness of the lease contract; (C) The lessee, before signing the lease contract, receives an accurate and complete statement designating the promises and warranties, and any disclaimers of warranties, limitations or modifications of remedies, or liquidated damages, including those of a third party, such as the manufacturere of the goods, provided to the lessor by

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the person supplying the goods in connection with or as part of the contract by which the lessor acquired the goods or the right to possession and use of the goods; or (D) If the lease is not a consumer lease, the lessor, before the lessee signs the lease contract, informs the lessee in writing (a) of the identity of the person supplying the goods to the lessor, unless the lessee has selected that person and directed the lessor to acquire the goods or the right to possession and use of the goods from that person, (b) that the lessee is entitled under this article to the promises and warranties, including those of any third party, provided to the lessor by the person supplying the goods in connection with or as part of the contract by which the lessor acquired the goods or the right to possession and use of the goods, and (c) that the lessee may communicate with the person supplying the goods to the lessor and receive an accurate and complete statement of those promises and warranties, including any disclaimers and limitations of them or of remedies. (h) `Goods' means all things that are movable at the time of identification to the lease contract, or are fixtures (Code Section 11-2A-309), but the term does not include money, documents, instruments, accounts, chattel paper, general intangibles, or minerals or the like, including oil and gas, before extraction. The term also includes the unborn young of animals. (i) `Installment lease contract' means a lease contract that authorizes or requires the delivery of goods in separate lots to be separately accepted, even though the lease contract contains a clause `each delivery is a separate lease' or its equivalent. (j) `Lease' means a transfer of the right to possession and use of goods for a term in return for consideration, but a sale, including a sale on approval or a sale or

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return, or retention or creation of a security interest is not a lease. Unless the context clearly indicates otherwise, the term includes a sublease. (k) `Lease agreement' means the bargain, with respect to the lease, of the lessor and the lessee in fact as found in their language or by implication from other circumstances including course of dealing or usage of trade or course of performance as provided in this article. Unless the context clearly indicates otherwise, the term includes a sublease agreement. (l) `Lease contract' means the total legal obligation that results from the lease agreement as affected by this article and any other applicable rules of law. Unless the context clearly indicates otherwise, the term includes a sublease contract. (m) `Leasehold interest' means the interest of the lessor or the lessee under a lease contract. (n) `Lessee' means a person who acquires the right to possession and use of goods under a lease. Unless the context clearly indicates otherwise, the term includes a sublessee. (o) `Lessee in ordinary course of business' means a person who in good faith and without knowledge that the lease to him is in violation of the ownership rights or security interest or leasehold interest of a third party in the goods leases in ordinary course from a person in the business of selling or leasing goods of that kind but does not include a pawnbroker. `Leasing' may be for cash or by exchange of other property or on secured or unsecured credit and includes receiving goods or documents of title under a pre-existing lease contract but does not include a transfer in bulk or as security for or in total or partial satisfaction of a money debt. (p) `Lessor' means a person who transfers the right to possession and use of goods under a lease. Unless the

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context clearly indicates otherwise, the term includes a sublessor. (q) `Lessor's residual interest' means the lessor's interest in the goods after expiration, termination, or cancellation of the lease contract. (r) `Lien' means a charge against or interest in goods to secure payment of a debt or performance of an obligation, but the term does not include a security interest. (s) `Lot' means a parcel or a single article that is the subject matter of a separate lease or delivery, whether or not it is sufficient to perform the lease contract. (t) `Merchant lessee' means a lessee that is a merchant with respect to goods of the kind subject to the lease. (u) `Present value' means the amount as of a date certain of one or more sums payable in the future, discounted to the date certain. The discount is determined by the interest rate specified by the parties if the rate was not manifestly unreasonable at the time the transaction was entered into; otherwise, the discount is determined by a commercially reasonable rate that takes into account the facts and circumstances of each case at the time the transaction was entered into. (v) `Purchase' includes taking by sale, lease, mortgage, security interest, pledge, gift, or any other voluntary transaction creating an interest in goods. (w) `Sublease' means a lease of goods the right to possession and use of which was acquired by the lessor as a lessee under an existing lease. (x) `Supplier' means a person from whom a lessor buys or leases goods to be leased under a finance lease. (y) `Supply contract' means a contract under which a lessor buys or leases goods to be leased.

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(z) `Termination' occurs when either party pursuant to a power created by agreement or law puts an end to the lease contract otherwise than for default. (2) Other definitions applying to this article and the sections in which they appear are: `Accessions'. Code Section 11-2A-310(1). `Construction mortgage'. Code Section 11-2A-309(1)(d). `Encumbrance'. Code Section 11-2A-309(1)(e). `Fixtures'. Code Section 11-2A-309(1)(a). `Fixture filing'. Code Section 11-2A-309(1)(b). `Purchase money lease'. Code Section 11-2A-309(1)(c). (3) The following definitions in other articles of this title apply to this article: `Account'. Code Section 11-9-106. `Between merchants'. Code Section 11-2-104(3). `Buyer'. Code Section 11-2-103(1)(a). `Chattel paper'. Code Section 11-9-105(1)(b). `Consumer goods'. Code Section 11-9-109(1). `Document'. Code Section 11-9-105(1)(f). `Entrusting'. Code Section 11-2-403(3). `General intangibles'. Code Section 11-9-106. `Good faith'. Code Section 11-2-103(1)(b). `Instrument'. Code Section 11-9-105(1)(i).

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`Merchant'. Code Section 11-2-104(1). `Mortgage'. Code Section 11-9-105(1)(j). `Pursuant to commitment'. Code Section 11-9-105(1)(k). `Receipt'. Code Section 11-2-103(1)(c). `Sale'. Code Section 11-2-106(1). `Sale on approval'. Code Section 11-2-326. `Sale or return'. Code Section 11-2-326. `Seller'. Code Section 11-2-103(1)(d). (4) In addition, Article 1 of this title contains general definitions and principles of construction and interpretation applicable throughout this article. 11-2A-104. Leases subject to other law. (1) A lease, although subject to this article, is also subject to any applicable: (a) Certificate of title statute of this State: (b) Certificate of title statute of another jurisdiction (Code Section 11-2A-105); or (c) Consumer protection statute of this State, or final consumer protection decision of a court of this State existing on the effective date of this article. (2) In case of conflict between this article, other than Code Sections 11-2A-105, 11-2A-304(3), and 11-2A-305(3), and a statute or decision referred to in subsection (1), the statute or decision controls. (3) Failure to comply with an applicable law has only the effect specified therein.

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11-2A-105. Territorial application of article to goods covered by certificate of title. Subject to the provisions of Code Sections 11-2A-304(3) and 11-2A-305(3), with respect to goods covered by a certificate of title issued under a statute of this State or of another jurisdiction, compliance and the effect of compliance or noncompliance with a certificate of title statute are governed by the law (including the conflict of laws rules) of the jurisdiction issuing the certificate until the earlier of (a) surrender of the certificate, or (b) four months after the goods are removed from that jurisdiction and thereafter until a new certificate of title is issued by another jurisdiction. 11-2A-106. Limitation on power of parties to consumer lease to choose applicable law and judicial forum. (1) If the law chosen by the parties to a consumer lease is that of a jurisdiction other than a jurisdiction in which the lessee resides at the time the lease agreement becomes enforceable or within 30 days thereafter or in which the goods are to be used, the choice is not enforceable. (2) If the judicial forum chosen by the parties to a consumer lease is a forum that would not otherwise have jurisdiction over the lessee, the choice is not enforceable. 11-2A-107. Waiver or renunciation of claim or right after default. Any claim or right arising out of an alleged default or breach of warranty may be discharged in whole or in part without consideration by a written waiver or renunciation signed and delivered by the aggrieved party. 11-2A-108. unconscionability. (1) If the court as a matter of law finds a lease contract or any clause of a lease contract to have been unconscionable at the time it was made the court may refuse to enforce the lease contract, or it may enforce the remainder of the lease contract without the unconscionable clause, or it may so limit the application of any unconscionable clause as to avoid any unconscionable result. (2) With respect to a consumer lease, if the court as a matter of law finds that a lease contract or any clause of a lease contract has been induced by unconscionable conduct

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or that unconscionable conduct has occurred in the collection of a claim arising from a lease contract, the court may grant appropriate relief. (3) Before making a finding of unconscionability under subsection (1) or (2), the court, on its own motion or that of a party, shall afford the parties a reasonable opportunity to present evidence as to the setting, purpose, and effect of the lease contract or clause thereof, or of the conduct. (4) In an action in which the lessee claims unconscionability with respect to a consumer lease: (a) If the court finds unconscionability under subsection (1) or (2), the court shall award reasonable attorney's fees to the lessee. (b) If the court does not find unconscionability and the lessee claiming unconscionability has brought or maintained an action he knew to be groundless, the court shall award reasonable attorney's fees to the party against whom the claim is made. (c) In determining attorney's fees, the amount of the recovery on behalf of the claimant under subsections (1) and (2) is not controlling. 11-2A-109. Option to accelerate at will. (1) A term providing that one party or his successor in interest may accelerate payment or performance or require collateral or additional collateral `at will' or `when he deems himself insecure' or in words of similar import must be construed to mean that he has power to do so only if he in good faith believes that the prospect of payment or performance is impaired. (2) With respect to a consumer lease, the burden of establishing good faith under subsection (1) is on the party who exercised the power; otherwise the burden of establishing lack of good faith is on the party against whom the power has been exercised.

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Part 2 Formation and Construction of Lease Contract 11-2A-201. Statute of frauds. (1) A lease contract is not enforceable by way of action or defense unless: (a) The total payments to be made under the lease contract, excluding payments for options to renew or buy, are less than $1,000; or (b) There is a writing, signed by the party against whom enforcement is sought or by that party's authorized agent, sufficient to indicate that a lease contract has been made between the parties and to describe the goods leased and the lease term. (2) Any description of leased goods or of the lease term is sufficient and satisfies subsection (1)(b), whether or not it is specific, if it reasonably identifies what is described. (3) A writing is not insufficient because it omits or incorrectly states a term agreed upon, but the lease contract is not enforceable under subsection (1)(b) beyong the lease term and the quantity of goods shown in the writing. (4) A lease contract that does not satisfy the requirements of subsection (1), but which is valid in other respects, is enforceable: (a) If the goods are to be specially manufactured or obtained for the lessee and are not suitable for lease or sale to others in the ordinary course of the lessor's business, and the lessor, before notice of repudiation is received and under circumstances that reasonably indicate that the goods are for the lessee, has made either a substantial beginning of their manufacture or commitments for their procurement; (b) If the party against whom enforcement is sought admits in that party's pleading, testimony or otherwise in

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court that a lease contract was made, but the lease contract is not enforceable under this provision beyond the quantity of goods admitted; or (c) With respect to goods that have been received and accepted by the lessee. (5) The lease term under a lease contract referred to in subsection (4) is: (a) If there is a writing signed by the party against whom enforcement is sought or by that party's authorized agent specifying the lease term, the term so specified; (b) If the party against whom enforcement is sought admits in that party's pleading, testimony, or otherwise in court a lease term, the term so admitted; or (c) A reasonable lease term. 11-2A-202. Final written expression: Parole or extrinsic evidence. Terms with respect to which the confirmatory memoranda of the parties agree or which are otherwise set forth in a writing intended by the parties as a final expression of their agreement with respect to such terms as are included therein may not be contradicted by evidence of any prior agreement or of a contemporaneous oral agreement but may be explained or supplemented: (a) By course of dealing or usage of trade or by course of performance; and (b) By evidence of consistent additional terms unless the court finds the writing to have been intended also as a complete and exclusive statement of the terms of the agreement. 11-2A-203. Seals inoperative. The affixing of a seal to a writing evidencing a lease contract or an offer to enter into a lease contract does not render the writing a sealed instrument

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and the law with respect to sealed instruments does not apply to the lease contract or offer. 11-2A-204. Formation in general. (1) A lease contract may be made in any manner sufficient to show agreement, including conduct by both parties which recognizes the existence of a lease contract. (2) An agreement sufficient to constitute a lease contract may be found although the moment of its making is undetermined. (3) Although one or more terms are left open, a lease contract does not fail for indefiniteness if the parties have intended to make a lease contract and there is a reasonably certain basis for giving an appropriate remedy. 11-2A-205. Firm offers. An offer by a merchant to lease goods to or from another person in a signed writing that by its terms gives assurance it will be held open is not revocable, for lack of consideration, during the time stated or, if no time is stated, for a reasonable time, but in no event may the period of irrevocability exceed 3 months. Any such term of assurance on a form supplied by the offeree must be separately signed by the offeror. 11-2A-206. Offer and acceptance in formation of lease contract. (1) Unless otherwise unambiguously indicated by the language or circumstances, an offer to make a lease contract must be construed as inviting acceptance in any manner and by any medium reasonable in the circumstances. (2) If the beginning of a requested performance is a reasonable mode of acceptance, an offeror who is not notified of acceptance within a reasonable time may treat the offer as having lapsed before acceptance. 11-2A-207. Course of performance or practical construction. (1) If a lease contract involves repeated occasions for performance by either party with knowledge of the nature of the performance and opportunity for objection to it by the other, any course of performance accepted or acquiesced in

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without objection is relevant to determine the meaning of the lease agreement. (2) The express terms of a lease agreement and any course of performance, as well as any course of dealing and usage of trade, must be construed whenever reasonable as consistent with each other; but if that construction is unreasonable, express terms control course of performance, course of performance controls both course of dealing and usage of trade, and course of dealing controls usage of trade. (3) Subject to the provisions of Code Section 11-2A-208 on modification and waiver, course of performance is relevant to show a waiver or modification of any term inconsistent with the course of performance. 11-2A-208. Modification, rescission and waiver. (1) An agreement modifying a lease contract needs no consideration to be binding. (2) A signed lease agreement that excludes modification or rescission except by a signed writing may not be otherwise modified or rescinded, but, except as between merchants, such a requirement on a form supplied by a merchant must be separately signed by the other party. (3) The requirements of the statute of frauds section of this article (Code Section 11-2A-201) must be satisfied if the contract as modified is within its provisions. (4) Although an attempt at modification or rescission does not satisfy the requirements of subsection (2), it may operate as a waiver. (5) A party who has made a waiver affecting an executory portion of a lease contract may retract the waiver by reasonable notification received by the other party that strict performance will be required of any term waived, unless the retraction would be unjust in view of a material change of position in reliance on the waiver.

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11-2A-209. Lessee under finance lease as beneficiary of supply contract. (1) The benefit of a supplier's promises to the lessor under the supply contract and of all warranties, whether express or implied, including those of any third party provided in connection with or as part of the supply contract, extends to the lessee to the extent of the lessee's leasehold interest under a finance lease related to the supply contract, but is subject to the terms of the warranty and of the supply contract and all defenses or claims arising therefrom. (2) The extension of the benefit of a supplier's promises and of warranties to the lessee (Code Section 11-2A-209(1)) does not: (i) modify the rights and obligations of the parties to the supply contract, whether arising therefrom or otherwise, or (ii) impose any duty or liability under the supply contract on the lessee. (3) Any modification or rescission of the supply contract by the supplier and the lessor is effective between the supplier and the lessee unless, before the modification or rescission, the supplier has received notice that the lessee has entered into a finance lease related to the supply contract. If the modification or rescission is effective between the supplier and the lessee, the lessor is deemed to have assumed, in addition to the obligations of the lessor to the lessee under the lease contract, promises of the supplier to the lessor and warranties that were so modified or rescinded as they existed and were available to the lessee before modification or rescission. (4) In addition to the extension of the benefit of the supplier's promises and of warranties to the lessee under subsection (1), the lessee retains all rights that the lessee may have against the supplier which arise from an agreement between the lessee and the supplier or under other law. 11-2A-210. Express warranties. (1) Express warranties by the lessor are created as follows: (a) Any affirmation of fact or promise made by the lessor to the lessee which relates to the goods and becomes

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part of the basis of the bargain creates an express warranty that the goods will conform to the affirmation or promise. (b) Any description of the goods which is made part of the basis of the bargain creates an express warranty that the goods will conform to the description. (c) Any sample or model that is made part of the basis of the bargain creates an express warranty that the whole of the goods will conform to the sample or model. (2) It is not necessary to the creation of an express warranty that the lessor use formal words, such as `warrant' or `guarantee,' or that the lessor have a specific intention to make a warranty, but an affirmation merely of the value of the goods or a statement purporting to be merely the lessor's opinion or commendation of the goods does not create a warranty. 11-2A-211. Warranties against interference and against infringement; lessee's obligation against infringement. (1) There is in a lease contract a warranty that for the lease term no person holds a claim to or interest in the goods that arose from an act or omission of the lessor, other than a claim by way of infringement or the like, which will interfere with the lessee's enjoyment of its leasehold interest. (2) Except in a finance lease there is in a lease contract by a lessor who is a merchant regularly dealing in goods of the kind a warranty that the goods are delivered free of the rightful claim of any person by way of infringement or the like. (3) A lessee who furnishes specifications to a lessor or a supplier shall hold the lessor and the supplier harmless against any claim by way of infringement or the like that arises out of compliance with the specifications. 11-2A-212. Implied warranty of merchantability. (1) Except in a finance lease, a warranty that the goods will be

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merchantable is implied in a lease contract if the lessor is a merchant with respect to goods of that kind. (2) Goods to be merchantable must be at least such as: (a) Pass without objection in the trade under the description in the lease agreement; (b) In the case of fungible goods, are of fair average quality within the description; (c) Are fit for the ordinary purposes for which goods of that type are used; (d) Run, within the variation permitted by the lease agreement, of even kind, quality, and quantity within each unit and among all units involved; (e) Are adequately contained, packaged, and labeled as the lease agreement may require; and (f) Conform to any promises or affirmations of fact made on the container or label. (3) Other implied warranties may arise from course of dealing or usage of trade. 11-2A-213. Implied warranty of fitness for particular purpose. Except in a finance lease, if the lessor at the time the lease contract is made has reason to know of any particular purpose for which the goods are required and that the lessee is relying on the lessor's skill or judgment to select or furnish suitable goods, there is in the lease contract an implied warranty that the goods will be fit for that purpose. 11-2A-214. Exclusion or modification of warranties. (1) Words or conduct relevant to the creation of an express warranty and words or conduct tending to negate or limit a warranty must be construed wherever reasonable as consistent with each other; but, subject to the provisions of Code Section 11-2A-202 on parol or extrinsic evidence, negation or

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limitation is inoperative to the extent that the construction is unreasonable. (2) Subject to subsection (3), to exclude or modify the implied warranty of merchantability or any part of it the language must mention `merchantability,' be by a writing, and be conspicuous. Subject to subsection (3), to exclude or modify any implied warranty of fitness the exclusion must be by a writing and be conspicuous. Language to exclude all implied warranties of fitness is sufficient if it is in writing, is conspicuous and states, for example, `There is no warranty that the goods will be fit for a particular purpose.' (3) Notwithstanding subsection (2), but subject to subsection (4), (a) Unless the circumstances indicate otherwise, all implied warranties are excluded by expressions like `as is,' or `with all faults,' or by other language that in common understanding calls the lessee's attention to the exclusion of warranties and makes plain that there is no implied warranty, if in writing and conspicuous; (b) If the lessee before entering into the lease contract has examined the goods or the sample or model as fully as desired or has refused to examine the goods, there is no implied warranty with regard to defects that an examination ought in the circumstances to have revealed; and (c) An implied warranty may also be excluded or modified by course of dealing, course of performance, or usage of trade. (4) To exclude or modify a warranty against interference or against infringement (Code Section 11-2A-211) or any part of it, the language must be specific, be by a writing, and be conspicuous, unless the circumstances, including course of performance, course of dealing, or usage of trade, give the lessee reason to know that the goods are being leased subject to a claim or interest of any person.

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11-2A-215. Cumulation and conflict of warranties express or implied. Warranties, whether express or implied, must be construed as consistent with each other and as cumulative, but if that construction is unreasonable, the intention of the parties determines which warranty is dominant. In ascertaining that intention the following rules apply: (a) Exact or technical specifications displace an inconsistent sample or model or general language of description. (b) A sample from an existing bulk displaces inconsistent general language of description. (c) Express warranties displace inconsistent implied warranties other than an implied warranty of fitness for a particular purpose. 11-2A-216. Third-party beneficiaries of express and implied warranties. A warranty to or for the benefit of a lessee under this article, whether express or implied, extends to any natural person who is in the family or household of the lessee or who is a guest in the lessee's home if it is reasonable to expect that such person may use, consume, or be affected by the goods and who is injured in person by breach of the warranty. This section does not displace principles of law and equity that extend a warranty to or for the benefit of a lessee to other persons. The operation of this section may not be excluded, modified, or limited, but an exclusion, modification, or limitation of the warranty, including any with respect to rights and remedies, effective against the lessee is also effective against any beneficiary designated under this section. 11-2A-217. Identification. Identification of goods as goods to which a lease contract refers may be made at any time and in any manner explicitly agreed to by the parties. In the absence of explicit agreement, identification occurs: (a) When the lease contract is made if the lease contract is for a lease of goods that are existing and identified;

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(b) When the goods are shipped, marked, or otherwise designated by the lessor as goods to which the lease contract refers, if the lease contract is for a lease of goods that are not existing and identified; or (c) When the young are conceived, if the lease contract is for a lease of unborn young of animals. 11-2A-218. Insurance and proceeds. (1) A lessee obtains an insurable interest when existing goods are identified to the lease contract even though the goods identified are nonconforming and the lessee has an option to reject them. (2) If a lessee has an insurable interest only by reason of the lessor's identification of the goods, the lessor, until default or insolvency or notification to the lessee that identification is final, may substitute other goods for those identified. (3) Notwithstanding a lessee's insurable interest under subsections (1) and (2), the lessor retains an insurable interest until an option to buy has been exercised by the lessee and risk of loss has passed to the lessee. (4) Nothing in this section impairs any insurable interest recognized under any other statute or rule of law. (5) The parties by agreement may determine that one or more parties have an obligation to obtain and pay for insurance covering the goods and by agreement may determine the beneficiary of the proceeds of the insurance. 11-2A-219. Risk of loss. (1) Except in the case of a finance lease, risk of loss is retained by the lessor and does not pass to the lessee. In the case of a finance lease, risk of loss passes to the lessee. (2) Subject to the provisions of this article on the effect of default on risk of loss (Code Section 11-2A-220), if risk of loss is to pass to the lessee and the time of passage is not stated, the following rules apply:

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(a) If the lease contract requires or authorizes the goods to be shipped by carrier (i) And it does not require delivery at a particular destination, the risk of loss passes to the lessee when the goods are duly delivered to the carrier; but (ii) If it does require delivery at a particular destination and the goods are there duly tendered while in the possession of the carrier, the risk of loss passes to the lessee when the goods are there duly so tendered as to enable the lessee to take delivery. (b) If the goods are held by a bailee to be delivered without being moved, the risk of loss passes to the lessee on acknowledgment by the bailee of the lessee's right to possession of the goods. (c) In any case not within subsection (a) or (b), the risk of loss passes to the lessee on the lessee's receipt of the goods if the lessor, or, in the case of a finance lease, the supplier, is a merchant; otherwise the risk passes to the lessee on tender of delivery. 11-2A-220. Effect of default on risk of loss. (1) Where risk of loss is to pass to the lessee and the time of passage is not stated: (a) If a tender or delivery of goods so fails to conform to the lease contract as to give a right of rejection, the risk of their loss remains with the lessor, or, in the case of a finance lease, the supplier, until cure or acceptance. (b) If the lessee rightfully revokes acceptance, he, to the extent of any deficiency in his effective insurance coverage, may treat the risk of loss as having remained with the lessor from the beginning. (2) Whether or not risk of loss is to pass to the lessee, if the lessee as to conforming goods already identified to a lease contract repudiates or is otherwise in default under the

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lease contract, the lessor, or, in the case of a finance lease, the supplier, to the extent of any deficiency in his effective insurance coverage may treat the risk of loss as resting on the lessee for a commercially reasonable time. 11-2A-221. Casualty to identified goods. If a lease contract requires goods identified when the lease contract is made, and the goods suffer casualty without fault of the lessee, the lessor or the supplier before delivery, or the goods suffer casualty before risk of loss passes to the lessee pursuant to the lease agreement or Code Section 11-2A-219, then: (a) If the loss is total, the lease contract is avoided; and (b) If the loss is partial or the goods have so deteriorated as to no longer conform to the lease contract, the lessee may nevertheless demand inspection and at his option either treat the lease contract as avoided or, except in a finance lease that is not a consumer lease, accept the goods with due allowance from the rent payable for the balance of the lease term for the deterioration or the deficiency in quantity but without further right against the lessor. Part 3 Effect of Lease Contract 11-2A-301. Enforceability of lease contract. Except as otherwise provided in this article, a lease contract is effective and enforceable according to its terms between the parties, against purchasers of the goods and against creditors of the parties. 11-2A-302. Title to and possession of goods. Except as otherwise provided in this article, each provision of this article applies whether the lessor or a third party has title to the goods, and whether the lessor, the lessee, or a third party has possession of the goods, notwithstanding any statute or rule of law that possession or the absence of possession is fraudulent.

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11-2A-303. Alienability of party's interest under lease contract or of lessor's residual interest in goods; delegation of performance; transfer of rights. (1) As used in this section, `creation of a security interest' includes the sale of a lease contract that is subject to Article 9 of this title, Secured Transactions, by reason of Code Section 11-9-102(1)(b). (2) Except as provided in subsections (3) and (4), a provision in a lease agreement which (i) prohibits the voluntary or involuntary transfer, including a transfer by sale, sublease, creation or enforcement of a security interest, or attachment, levy, or other judicial process, of an interest of a party under the lease contract or of the lessor's residual interest in the goods, or (ii) makes such a transfer an event of default, gives rise to the rights and remedies provided in subsection (5), but a transfer that is prohibited or is an event of default under the lease agreement is otherwise effective. (3) A provision in a lease agreement which (i) prohibits the creation or enforcement of a security interest in an interest of a party under the lease contract or in the lessor's residual interest in the goods, or (ii) makes such a transfer an event of default, is not enforceable unless, and then only to the extent that, there is an actual transfer by the lessee of the lessee's right of possession or use of the goods in violation of the provision or an actual delegation of a material performance of either party to the lease contract in violation of the provision. Neither the granting nor the enforcement of a security interest in (i) the lessor's interest under the lease contract or (ii) the lessor's residual interest in the goods is a transfer that materially impairs the prospect of obtaining return performance by, materially changes the duty of, or materially increases the burden or risk imposed on, the lessee within the purview of subsection (5) unless, and then only to the extent that, there is an actual delegation of a material performance of the lessor. For purposes of this subsection: (a) a party's `performance' includes its rights as well as its duties; and (b) a party creating or enforcing (or seeking to create or enforce) a security interest that the lease contract prohibits or makes an event of default has the burden of proving that such a transfer does not involve an actual delegation of a material performance.

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(4) A provision in a lease agreement which (i) prohibits a transfer of a right to damages for default with respect to the whole lease contract or of a right to payment arising out of the transferor's due performance of the transferor's entire obligation, or (ii) makes such a transfer an event of default, is not enforceable, and such a transfer is not a transfer that materially impairs the prospect of obtaining return performance by, materially changes the duty of, or materially increases the burden or risk imposed on, the other party to the lease contract within the purview of subsection (5). (5) Subject to subsections (3) and (4): (a) if a transfer is made which is made an event of default under a lease agreement, the party to the lease contract not making the transfer, unless that party waives the default or otherwise agrees, has the rights and remedies described in Code Section 11-2A-501(2); (b) if paragraph (a) is not applicable and if a transfer is made that (i) is prohibited under a lease agreement or (ii) materially impairs the prospect of obtaining return performance by, materially changes the duty of, or materially increases the burden or risk imposed on, the other party to the lease contract, unless the party not making the transfer agrees at any time to the transfer in the lease contract or otherwise, then, except as limited by contract, (x) the transferor is liable to the party not making the transfer for damages caused by the transfer to the extent that the damages could not reasonably be prevented by the party not making the transfer and (y) a court having jurisdiction may grant other appropriate relief, including cancellation of the lease contract or an injunction against the transfer. For purposes of clause (b)(2), the transferor has the burden of proving that any of the damages caused by the transfer could reasonably be or have been prevented by the party not making the transfer, and of proving the extent that they could reasonably be or have been so prevented. (6) A transfer of `the lease' or of `all my rights under the lease', or a transfer in similar general terms, is a transfer

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of rights, and, unless the language or the circumstances, as in a transfer for security, indicate the contrary, the transfer is a delegation of duties by the transferor to the transferee. Acceptance by the transferee constitutes a promise by the transferee to perform those duties. The promise is enforceable by either the transferor or the other party to the lease contract. (7) Unless otherwise agreed by the lessor and the lessee, a delegation of performance does not relieve the transferor as against the other party of any duty to perform or of any liability for default. (8) In a consumer lease, to prohibit the transfer of an interest of a party under the lease contract or to make a transfer an event of default, the language must be specific, by a writing, and conspicuous. 11-2A-304. Subsequent lease of goods by lessor. (1) Subject to Section 11-2A-303, a subsequent lessee from a lessor of goods under an existing lease contract obtains, to the extent of the leasehold interest transferred, the leasehold interest in the goods that the lessor had or had power to transfer, and except as provided in subsection (2) and Code Section 11-2A-527(4), takes subject to the existing lease contract. A lessor with voidable title has power to transfer a good leasehold interest to a good faith subsequent lessee for value, but only to the extent set forth in the preceding sentence. If goods have been delivered under a transaction of purchase, the lessor has that power even though: (a) The lessor's transferor was deceived as to the identity of the lessor; (b) The delivery was in exchange for a check which is later dishonored; (c) It was agreed that the transaction was to be a `cash sale'; or (d) The delivery was procured through fraud punishable as larcenous under the criminal law.

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(2) A subsequent lessee in the ordinary course of business from a lessor who is a merchant dealing in goods of that kind to whom the goods were entrusted by the existing lessee of that lessor before the interest of the subsequent lessee became enforceable against that lessor obtains, to the extent of the leasehold interest transferred, all of that lessor's and the existing lessee's rights to the goods, and takes free of the existing lease contract. (3) A subsequent lessee from the lessor of goods that are subject to an existing lease contract and are covered by a certificate of title issued under a statute of this State or of another jurisdiction takes no greater rights than those provided both by this section and by the certificate of title statute. 11-2A-305. Sale or sublease of goods by lessee. (1) Subject to the provisions of Code Section 11-2A-303, a buyer or sublessee from the lessee of goods under an existing lease contract obtains, to the extent of the interest transferred, the leasehold interest in the goods that the lessee had or had power to transfer, and except as provided in subsection (2) and Code Section 11-2A-511(4), takes subject to the existing lease contract. A lessee with a voidable leasehold interest has power to transfer a good leasehold interest to a good faith buyer for value or a good faith sublessee for value, but only to the extent set forth in the preceding sentence. When goods have been delivered under a transaction of lease the lessee has that power even though: (a) The lessor was deceived as to the identity of the lessee; (b) The delivery was in exchange for a check which is later dishonored; or (c) The delivery was procured through fraud punishable as larcenous under the criminal law. (2) A buyer in the ordinary course of business or a sublessee in the ordinary course of business from a lessee who is a merchant dealing in goods of that kind to whom the goods

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were entrusted by the lessor obtains, to the extent of the interest transferred, all of the lessor's and lessee's rights to the goods, and takes free of the existing lease contract. (3) A buyer or sublessee from the lessee of goods that are subject to an existing lease contract and are covered by a certificate of title issued under a statute of this State or of another jurisdiction takes no greater rights than those provided both by this section and by the certificate of title statute. 11-2A-306. Priority of certain liens arising by operation of law. If a person in the ordinary course of his business furnishes services or materials with respect to goods subject to a lease contract, a lien upon those goods in the possession of that person given by statute or rule of law for those materials or services takes priority over any interest of the lessor or lessee under the lease contract or this article unless (i) the lien is created by statute and the statute provides otherwise; (ii) the lien is created by rule of law and the rule of law provides otherwise; or (iii) with regard to the rights of a creditor of the lessor or lessee, a different priority would result by application of Code Section 11-9-310. 11-2A-307. Priority of liens arising by attachment or levy on, security interests in, and other claims to goods. (1) Except as otherwise provided in Code Section 11-2A-306, a creditor of a lessee takes subject to the lease contract. (2) Except as otherwise provided in subsections (3) and (4) and in Code Sections 11-2A-306 and 11-2A-308, a creditor of a lessor takes subject to the lease contract unless: (a) The creditor holds a lien that attached to the goods before the lease contract became enforceable; (b) The creditor holds a security interest in the goods and the lessee did not give value and receive delivery of the goods without knowledge of the security interest; or

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(c) The creditor holds a security interest in the goods which was perfected (Code Section 11-9-303) before the lease contract became enforceable. (3) A lessee in the ordinary course of business takes the leasehold interest free of a security interest in the goods created by the lessor even though the security interest is perfected (Code Section 11-9-303) and the lessee knows of its existence. (4) A lessee other than a lessee in the ordinary course of business takes the leasehold interest free of a security interest to the extent that it secures future advances made after the secured party acquires knowledge of the lease or more than 45 days after the lease contract becomes enforceable, whichever first occurs, unless the future advances are made pursuant to a commitment entered into without knowledge of the lease and before the expiration of the 45-day period. 11-2A-308. Special rights of creditors. (1) A creditor of a lessor in possession of goods subject to a lease contract may treat the lease contract as void if as against the creditor retention of possession by the lessor is fraudulent under any statute or rule of law, but retention of possession in good faith and current course of trade by the lessor for a commercially reasonable time after the lease contract becomes enforceable is not fraudulent. (2) Nothing in this article impairs the rights of creditors of a lessor if the lease contract (a) becomes enforceable, not in current course of trade but in satisfaction of or as security for a pre-existing claim for money, security, or the like, and (b) is made under circumstances which under any statute or rule of law apart from this article would constitute the transaction a fraudulent transfer or voidable preference. (3) A creditor of a seller may treat a sale or an identification of goods to a contract for sale as void if as against the creditor retention of possession by the seller is fraudulent under any statute or rule of law, but retention of possession of the goods pursuant to a lease contract entered into by the seller as lessee and the buyer as lessor in connection with the

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sale or identification of the goods is not fraudulent if the buyer bought for value and in good faith. 11-2A-309. Lessor's and lessee's rights when goods become fixtures. (1) In this section: (a) Goods are `fixtures' when they become so related to particular real estate that an interest in them arises under real estate law; (b) A `fixture filing' is the filing, in the office where a mortgage on the real estate would be filed or recorded, of a financing statement covering goods that are or are to become fixtures and conforming to the requirements of Code Section 11-9-402(5); (c) A lease is a `purchase money lease' unless the lessee has possession or use of the goods or the right to possession or use of the goods before the lease agreement is enforceable; (d) A mortgage is a `construction mortgage' to the extent it secures an obligation incurred for the construction of an improvement on land including the acquisition cost of the land, if the recorded writing so indicates; and (e) `Encumbrance' includes real estate mortgages and other liens on real estate and all other rights in real estate that are not ownership interests. (2) Under this article a lease may be of goods that are fixtures or may continue in goods that become fixtures, but no lease exists under this article of ordinary building materials incorporated into an improvement on land. (3) This article does not prevent creation of a lease of fixtures pursuant to real estate law. (4) The perfected interest of a lessor of fixtures has priority over a conflicting interest of an encumbrancer or owner of the real estate if:

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(a) The lease is a purchase money lease, the conflicting interest of the encumbrancer or owner arises before the goods become fixtures, the interest of the lessor is perfected by a fixture filing before the goods become fixtures or within ten days thereafter, and the lessee has an interest of record in the real estate or is in possession of the real estate; or (b) The interest of the lessor is perfected by a fixture filing before the interest of the encumbrancer or owner is of record, the lessor's interest has priority over any conflicting interest of a predecessor in title of the encumbrancer or owner, and the lessee has an interest of record in the real estate or is in possession of the real estate. (5) The interest of a lessor of fixtures, whether or not perfected, has priority over the conflicting interest of an encumbrancer or owner of the real estate if: (a) The fixtures are readily removable factory or office machines, readily removable equipment that is not primarily used or leased for use in the operation of the real estate, or readily removable replacements of domestic appliances that are goods subject to a consumer lease, and before the goods become fixtures the lease contract is enforceable; or (b) The conflicting interest is a lien on the real estate obtained by legal or equitable proceedings after the lease contract is enforceable; or (c) The encumbrancer or owner has consented in writing to the lease or has disclaimed an interest in the goods as fixtures; or (d) The lessee has a right to remove the goods as against the encumbrancer or owner. If the lessee's right to remove terminates, the priority of the interest of the lessor continues for a reasonable time.

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(6) Notwithstanding subsection (4)(a) but otherwise subject to subsections (4) and (5), the interest of a lessor of fixtures, including the lessor's residual interest, is subordinate to the conflicting interest of an encumbrancer of the real estate under a construction mortgage recorded before the goods become fixtures if the goods become fixtures before the completion of the construction. To the extent given to refinance a construction mortgage, the conflicting interest of an encumbrancer of the real estate under a mortgage has this priority to the same extent as the encumbrancer of the real estate under the construction mortgage. (7) In cases not within the preceding subsections, priority between the interest of a lessor of fixtures, including the lessor's residual interest, and the conflicting interest of an encumbrancer or owner of the real estate who is not the lessee is determined by the priority rules governing conflicting interests in real estate. (8) If the interest of a lessor of fixtures, including the lessor's residual interest, has priority over all conflicting interests of all owners and encumbrancers of the real estate, the lessor or the lessee may (i) on default, expiration, termination, or cancellation of the lease agreement but subject to the agreement and this article, or (ii) if necessary to enforce other rights and remedies of the lessor or lessee under this article, remove the goods from the real estate, free and clear of all conflicting interests of all owners and encumbrancers of the real estate, but the lessor or lessee must reimburse any encumbrancer or owner of the real estate who is not the lessee and who has not otherwise agreed for the cost of repair of any physical injury, but not for any diminution in value of the real estate caused by the absence of the goods removed or by any necessity of replacing them. A person entitled to reimbursement may refuse permission to remove until the party seeking removal gives adequate security for the performance of this obligation. (9) Even though the lease agreement does not create a security interest, the interest of a lessor of fixtures, including the lessor's residual interest, is perfected by filing a financing statement as a fixture filing for leased goods that are or are

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to become fixtures in accordance with the relevant provisions of the article on secured transactions (Article 9 of this title). 11-2A-310. Lessor's and lessee's rights when goods become accessions. (1) Goods are `accessions' when they are installed in or affixed to other goods. (2) The interest of a lessor or a lessee under a lease contract entered into before the goods became accessions is superior to all interests in the whole except as stated in subsection (4). (3) The interest of a lessor or a lessee under a lease contract entered into at the time or after the goods became accessions is superior to all subsequently acquired interests in the whole except as stated in subsection (4) but is subordinate to interests in the whole existing at the time the lease contract was made unless the holders of such interests in the whole have in writing consented to the lease or disclaimed an interest in the goods as part of the whole. (4) The interest of a lessor or a lessee under a lease contract described in subsection (2) or (3) is subordinate to the interest of (a) A buyer in the ordinary course of business or a lessee in the ordinary course of business of any interest in the whole acquired after the goods became accessions; or (b) A creditor with a security interest in the whole perfected before the lease contract was made to the extent that the creditor makes subsequent advances without knowledge of the lease contract. (5) When under subsections (2) or (3) and (4) a lessor or a lessee of accessions holds an interest that is superior to all interests in the whole, the lessor or the lessee may (a) on default, expiration, termination, or cancellation of the lease contract by the other party but subject to the provisions of the lease contract and this article, or (b) if necessary to enforce his other rights and remedies under this article, remove

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the goods from the whole, free and clear of all interests in the whole, but he must reimburse any holder of an interest in the whole who is not the lessee and who has not otherwise agreed for the cost of repair of any physical injury but not for any diminution in value of the whole caused by the absence of the goods removed or by any necessity for replacing them. A person entitled to reimbursement may refuse permission to remove until the party seeking removal gives adequate security for the performance of this obligation. 11-2A-311. Priority subject to subordination. Nothing in this article prevents subordination by agreement by any person entitled to priority. Part 4 Performance of Lease Contract: Repudiated, Substituted and Excused 11-2A-401. Insecurity: Adequate assurance of performance. (1) A lease contract imposes an obligation on each party that the other's expectation of receiving due performance will not be impaired. (2) If reasonable grounds for insecurity arise with respect to the performance of either party, the insecure party may demand in writing adequate assurance of due performance. Until the insecure party receives that assurance, if commercially reasonable the insecure party may suspend any performance for which he has not already received the agreed return. (3) A repudiation of the lease contract occurs if assurance of due performance adequate under the circumstances of the particular case is not provided to the insecure party within a reasonable time, not to exceed 30 days after receipt of a demand by the other party. (4) Between merchants, the reasonableness of grounds for insecurity and the adequacy of any assurance offered must be determined according to commercial standards.

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(5) Acceptance of any nonconforming delivery or payment does not prejudice the aggrieved party's right to demand adequate assurance of future performance. 11-2A-402. Anticipatory repudiation. If either party repudiates a lease contract with respect to a performance not yet due under the lease contract, the loss of which performance will substantially impair the value of the lease contract to the other, the aggrieved party may: (a) For a commercially reasonable time, await retraction of repudiation and performance by the repudiating party; (b) Make demand pursuant to Code Section 11-2A-401 and await assurance of future performance adequate under the circumstances of the particular case; or (c) Resort to any right or remedy upon default under the lease contract or this article, even though the aggrieved party has notified the repudiating party that the aggrieved party would await the repudiating party's performance and assurance and has urged retraction. In addition, whether or not the aggrieved party is pursuing one of the foregoing remedies, the aggrieved party may suspend performance or, if the aggrieved party is the lessor, proceed in accordance with the provisions of this article on the lessor's right to identify goods to the lease contract notwithstanding default or to salvage unfinished goods (Code Section 11-2A-524). 11-2A-403. Retraction of anticipatory repudiation. (1) Until the repudiating party's next performance is due, the repudiating party can retract the repudiation unless, since the repudiation, the aggrieved party has cancelled the lease contract or materially changed the aggrieved party's position or otherwise indicated that the aggrieved party considers the repudiation final. (2) Retraction may be by any method that clearly indicates to the aggrieved party that the repudiating party intends

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to perform under the lease contract and includes any assurance demanded under Code Section 11-2A-401. (3) Retraction reinstates a repudiating party's rights under a lease contract with due excuse and allowance to the aggrieved party for any delay occasioned by the repudiation. 11-2A-404. Substituted performance. (1) If without fault of the lessee, the lessor and the supplier, the agreed berthing, loading, or unloading facilities fail or the agreed type of carrier becomes unavailable or the agreed manner of delivery otherwise becomes commercially impracticable, but a commercially reasonable substitute is available, the substitute performance must be tendered and accepted. (2) If the agreed means or manner of payment fails because of domestic or foreign governmental regulation: (a) The lessor may withhold or stop delivery or cause the supplier to withhold or stop delivery unless the lessee provides a means or manner of payment that is commercially a substantial equivalent; and (b) If delivery has already been taken, payment by the means or in the manner provided by the regulation discharges the lessee's obligation unless the regulation is discriminatory, oppressive, or predatory. 11-2A-405. Excused performance. Subject to Code Section 11-2A-404 on substituted performance, the following rules apply: (a) Delay in delivery or nondelivery in whole or in part by a lessor or a supplier who complies with paragraphs (b) and (c) is not a default under the lease contract if performance as agreed has been made impracticable by the occurrence of a contingency the nonoccurrence of which was a basic assumption on which the lease contract was made or by compliance in good faith with any applicable foreign or domestic governmental regulation or order, whether or not the regulation or order later proves to be invalid.

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(b) If the causes mentioned in paragraph (a) affect only part of the lessor's or the supplier's capacity to perform, he shall allocate production and deliveries among his customers but at his option may include regular customers not then under contract for sale or lease as well as his own requirements for further manufacture. He may so allocate in any manner that is fair and reasonable. (c) The lessor seasonably shall notify the lessee and in the case of a finance lease the supplier seasonably shall notify the lessor and the lessee, if known, that there will be delay or nondelivery and, if allocation is required under paragraph (b), of the estimated quota thus made available for the lessee. 11-2A-406. Procedure on excused performance. (1) If the lessee receives notification of a material or indefinite delay or an allocation justified under Code Section 11-2A-405, the lessee may by written notification to the lessor as to any goods involved, and with respect to all of the goods if under an installment lease contract the value of the whole lease contract is substantially impaired (Code Section 11-2A-510): (a) Terminate the lease contract (Code Section 11-2A-505(2)); or (b) Except in a finance lease that is not a consumer lease, modify the lease contract by accepting the available quota in substitution, with due allowance from the rent payable for the balance of the lease term for the deficiency but without further right against the lessor. (2) If, after receipt of a notification from the lessor under Code Section 11-2A-405, the lessee fails so to modify the lease agreement within a reasonable time not exceeding 30 days, the lease contract lapses with respect to any deliveries affected. 11-2A-407. Irrevocable promises: Finance leases. (1) In the case of a finance lease that is not a consumer lease the

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lessee's promises under the lease contract become irrevocable and independent upon the lessee's acceptance of the goods. (2) A promise that has become irrevocable and independent under subsection (1): (a) Is effective and enforceable between the parties, and by or against third parties including assignees of the parties; and (b) Is not subject to cancellation, termination, modification, repudiation, excuse, or substitution without the consent of the party to whom the promise runs. (3) This section does not affect the validity under any other law of a covenant in any lease contract making the lessee's promises irrevocable and independent upon the lessee's acceptance of the goods. Part 5 Default A. In General 11-2A-501. Default: Procedure. (1) Whether the lessor or the lessee is in default under a lease contract is determined by the lease agreement and this article. (2) If the lessor or the lessee is in default under the lease contract, the party seeking enforcement has rights and remedies as provided in this article and, except as limited by this article, as provided in the lease agreement. (3) If the lessor or the lessee is in default under the lease contract, the party seeking enforcement may reduce the party's claim to judgment, or otherwise enforce the lease contract by self-help or any available judicial procedure or nonjudicial procedure, including administrative proceeding, arbitration, or the like, in accordance with this article.

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(4) Except as otherwise provided in Code Section 11-1-106(1) or this article or the lease agreement, the rights and remedies referred to in subsections (2) and (3) are cumulative. (5) If the lease agreement covers both real property and goods, the party seeking enforcement may proceed under this Part as to the goods, or under other applicable law as to both the real property and the goods in accordance with that party's rights and remedies in respect of the real property, in which case this Part does not apply. 11-2A-502. Notice after default. Except as otherwise provided in this article, applicable statutes, or the lease agreement, the lessor or lessee in default under the lease contract is not entitled to notice of default or notice of enforcement from the other party to the lease agreement. 11-2A-503. Modification or impairment of rights and remedies. (1) Except as otherwise provided in this article, the lease agreement may include rights and remedies for default in addition to or in substitution for those provided in this article and may limit or alter the measure of damages recoverable under this article. (2) Resort to a remedy provided under this article or in the lease agreement is optional unless the remedy is expressly agreed to be exclusive. If circumstances cause an exclusive or limited remedy to fail of its essential purpose, or provision for an exclusive remedy is unconscionable, remedy may be had as provided in this article. (3) Consequential damages may be liquidated under Code Section 11-2A-504, or may otherwise be limited, altered, or excluded unless the limitation, alteration, or exclusion is unconscionable. Limitation, alteration, or exclusion of consequential damages for injury to the person in the case of consumer goods is prima facie unconscionable but limitation, alteration, or exclusion of damages where the loss is commercial is not prima facie unconscionable.

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(4) Rights and remedies on default by the lessor or the lessee with respect to any obligation or promise collateral or ancillary to the lease contract are not impaired by this article. 11-2A-504. Liquidation of damages. (1) Damages payable by either party for default, or any other act or omission, including indemnity for loss or diminution of anticipated tax benefits or loss or damage to lessor's residual interest, may be liquidated in the lease agreement but only at an amount or by a formula that is reasonable in light of the then anticipated harm caused by the default or other act or omission. (2) If the lease agreement provides for liquidation of damages, and such provision does not comply with subsection (1), or such provision is an exclusive or limited remedy that circumstances cause to fail of its essential purpose, remedy may be had as provided in this article. (3) If the lessor justifiably withholds or stops delivery of goods because of the lessee's default or insolvency (Code Section 11-2A-525 or 11-2A-526), the lessee is entitled to restitution of any amount by which the sum of his payments exceeds: (a) The amount to which the lessor is entitled by virtue of terms liquidating the lessor's damages in accordance with subsection (1); or (b) In the absence of those terms, 20 percent of the then present value of the total rent the lessee was obligated to pay for the balance of the lease term, or, in the case of a consumer lease, the lesser of such amount or $500. (4) A lessee's right to restitution under subsection (3) is subject to offset to the extent the lessor establishes: (a) a right to recover damages under the provisions of this article other than subsection (1); and

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(b) the amount or value of any benefits received by the lessee directly or indirectly by reason of the lease contract. 11-2A-505. Cancellation and termination and effect of cancellation, termination, rescission, or fraud on rights and remedies. (1) On cancellation of the lease contract, all obligations that are still executory on both sides are discharged, but any right based on prior default or performance survives, and the cancelling party also retains any remedy for default of the whole lease contract or any unperformed balance. (2) On termination of the lease contract, all obligations that are still executory on both sides are discharged but any right based on prior default or performance survives. (3) Unless the contrary intention clearly appears, expressions of `cancellation,' `rescission,' or the like of the lease contract may not be construed as a renunciation or discharge of any claim in damages for an antecedent default. (4) Rights and remedies for material misrepresentation or fraud include all rights and remedies available under this article for default. (5) Neither rescission nor a claim for rescission of the lease contract nor rejection or return of the goods may bar or be deemed inconsistent with a claim for damages or other right or remedy. 11-2A-506. Statute of limitations. (1) An action for default under a lease contract, including breach of warranty or indemnity, must be commenced within 4 years after the cause of action accrued. By the original lease contract the parties may reduce the period of limitation to not less than one year. (2) A cause of action accrues when the default occurs, regardless of the aggrieved party's lack of knowledge of the default. A breach of warranty occurs when tender of delivery is made, except that where a warranty explicitly extends to future performance of the goods and discovery of the breach

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must await the time of such performance the cause of action accrues when the breach is or should have been discovered. (3) If an action commenced within the time limited by subsection (1) is so terminated as to leave available a remedy by another action for the same default or breach of warranty or indemnity, the other action may be commenced after the expiration of the time limited and within 6 months after the termination of the first action unless the termination resulted from voluntary discontinuance or from dismissal for failure or neglect to prosecute. (4) This section does not alter the law on tolling of the statute of limitations nor does it apply to causes of action that have accrued before this article becomes effective. 11-2A-507. Proof of market rent: Time and place. (1) Damages based on market rent (Code Section 11-2A-519 or 11-2A-528) are determined according to the rent for the use of the goods concerned for a lease term identical to the remaining lease term of the original lease agreement and prevailing at the times specified in Code Sections 11-2A-519 and 11-2A-528. (2) If evidence of rent for the use of the goods concerned for a lease term identical to the remaining lease term of the original lease agreement and prevailing at the times or places described in this article is not readily available, the rent prevailing within any reasonable time before or after the time described or at any other place or for a different lease term which in commercial judgment or under usage of trade would serve as a reasonable substitute for the one described may be used, making any proper allowance for the difference, including the cost of transporting the goods to or from the other place. (3) Evidence of a relevant rent prevailing at a time or place or for a lease term other than the one described in this article offered by one party is not admissible unless and until he has given the other party notice the court finds sufficient to prevent unfair surprise.

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(4) If the prevailing rent or value of any goods regularly leased in any established market is in issue, reports in official publications or trade journals or in newspapers or periodicals of general circulation published as the reports of that market are admissible in evidence. The circumstances of the preparation of the report may be shown to affect its weight but not its admissibility. B. Default by Lessor 11-2A-508. Lessee's remedies. (1) If a lessor fails to deliver the goods in conformity to the lease contract (Code Section 11-2A-509) or repudiates the lease contract (Code Section 11-2A-402), or a lessee rightfully rejects the goods (Code Section 11-2A-509) or justifiably revokes acceptance of the goods (Code Section 11-2A-517), then with respect to any goods involved, and with respect to all of the goods if under an installment lease contract the value of the whole lease contract is substantially impaired (Code Section 11-2A-510), the lessor is in default under the lease contract and the lessee may: (a) Cancel the lease contract (Code Section 11-2A-505(1)); (b) Recover so much of the rent and security as has been paid and is just under the circumstances; (c) Cover and recover damages as to all goods affected whether or not they have been identified to the lease contract (Code Sections 11-2A-518 and 11-2A-520), or recover damages for nondelivery (Code Sections 11-2A-519 and 11-2A-520); (d) Exercise any other rights or pursue any other remedies provided in the lease contract. (2) If a lessor fails to deliver the goods in conformity to the lease contract or repudiates the lease contract, the lessee may also:

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(a) If the goods have been identified, recover them (Code Section 11-2A-522); or (b) In a proper case, pursue those rights contained in Code Section 11-2A-521. (3) If a lessor is otherwise in default under a lease contract, the lessee may exercise the rights and pursue the remedies provided in the lease contract, which may include a right to cancel the lease, and in Code Section 11-2A-519(3). (4) If a lessor has breached a warranty, whether express or implied, the lessee may recover damages (Code Section 11-2A-519(4)). (5) On rightful rejection or justifiable revocation of acceptance, a lessee has a security interest in goods in the lessee's possession or control for any rent and security that has been paid and any expenses reasonably incurred in their inspection, receipt, transportation, and care and custody and may hold those goods and dispose of them in good faith and in a commercially reasonable manner, subject to Code Section 11-2A-527(5). (6) Subject to the provisions of Code Section 11-2A-407, a lessee, on notifying the lessor of the lessee's intention to do so, may deduct all or any part of the damages resulting from any default under the lease contract from any part of the rent still due under the same lease contract. 11-2A-509. Lessee's rights on improper delivery; rightful rejection. (1) Subject to the provisions of Code Section 11-2A-510 on default in installment lease contracts, if the goods or the tender or delivery fail in any respect to conform to the lease contract, the lessee may reject or accept the goods or accept any commercial unit or units and reject the rest of the goods. (2) Rejection of goods is ineffective unless it is within a reasonable time after tender or delivery of the goods and the lessee seasonably notifies the lessor.

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11-2A-510. Installment lease contracts: Rejection and default. (1) Under an installment lease contract a lessee may reject any delivery that is nonconforming if the nonconformity substantially impairs the value of that delivery and cannot be cured or the nonconformity is a defect in the required documents; but if the nonconformity does not fall within subsection (2) and the lessor or the supplier gives adequate assurance of its cure, the lessee must accept that delivery. (2) Whenever nonconformity or default with respect to one or more deliveries substantially impairs the value of the installment lease contract as whole there is a default with respect to the whole. But, the aggrieved party reinstates the installment lease contract as a whole if the aggrieved party accepts a nonconforming delivery without seasonably notifying of cancellation or brings an action with respect only to past deliveries or demands performance as to future deliveries. 11-2A-511. Merchant lessee's duties as to rightfully rejected goods. (1) Subject to any security interest of a lessee (Code Section 11-2A-508(5)), if a lessor or a supplier has no agent or place of business at the market of rejection, a merchant lessee, after rejection of goods in his possession or control, shall follow any reasonable instructions received from the lessor or the supplier with respect to the goods. In the absence of those instructions, a merchant lessee shall make reasonable efforts to sell, lease, or otherwise dispose of the goods for the lessor's account if they threaten to decline in value speedily. Instructions are not reasonable if on demand indemnity for expenses is not forthcoming. (2) If a merchant lessee (subsection (1)) or any other lessee (Code Section 11-2A-512) disposes of goods, he is entitled to reimbursement either from the lessor or the supplier or out of the proceeds for reasonable expenses of caring for and disposing of the goods and, if the expenses include no disposition commission, to such commission as is usual in the trade, or if there is none, to a reasonable sum not exceeding 10 percent of the gross proceeds.

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(3) In complying with this section or Code Section 11-2A-512, the lessee is held only to good faith. Good faith conduct hereunder is neither acceptance or conversion nor the basis of an action for damages. (4) A purchaser who purchases in good faith from a lessee pursuant to this section or Code Section 11-2A-512 takes the goods free of any rights of the lessor and the supplier even though the lessee fails to comply with one or more of the requirements of this article. 11-2A-512. Lessee's duties as to rightfully rejected goods. (1) Except as otherwise provided with respect to goods that threaten to decline in value speedily (Code Section 11-2A-511) and subject to any security interest of a lessee (Code Section 11-2A-508(5)): (a) The lessee, after rejection of goods in the lessee's possession, shall hold them with reasonable care at the lessor's or the supplier's disposition for a reasonable time after the lessee's seasonable notification of rejection; (b) If the lessor or the supplier gives no instructions within a reasonable time after notification of rejection, the lessee may store the rejected goods for the lessor's or the supplier's account or ship them to the lessor or the supplier or dispose of them for the lessor's or the supplier's account with reimbursement in the manner provided in Code Section 11-2A-511; but (c) The lessee has no further obligations with regard to goods rightfully rejected. (2) Action by the lessee pursuant to subsection (1) is not acceptance or conversion. 11-2A-513. Cure by lessor of improper tender or delivery; replacement. (1) If any tender or delivery by the lessor or the supplier is rejected because nonconforming and the time for performance has not yet expired, the lessor or the supplier may seasonably notify the lessee of the lessor's or the supplier's intention to cure and may then make a conforming

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delivery within the time provided in the lease contract. (2) If the lessee rejects a nonconforming tender that the lessor or the supplier had reasonable grounds to believe would be acceptable with or without money allowance, the lessor or the supplier may have a further reasonable time to substitute a conforming tender if he seasonably notifies the lessee. 11-2A-514. Waiver of lessee's objections. (1) In rejecting goods, a lessee's failure to state a particular defect that is ascertainable by reasonable inspection precludes the lessee from relying on the defect to justify rejection or to establish default: (a) If, stated seasonably, the lessor or the supplier could have cured it (Code Section 11-2A-513); or (b) Between merchants if the lessor or the supplier after rejection has made a request in writing for a full and final written statement of all defects on which the lessee proposes to rely. (2) A lessee's failure to reserve rights when paying rent or other consideration against documents precludes recovery of the payment for defects apparent on the face of the documents. 11-2A-515. Acceptance of goods. (1) Acceptance of goods occurs after the lessee has had a reasonable opportunity to inspect the goods and (a) The lessee signifies or acts with respect to the goods in a manner that signifies to the lessor or the supplier that the goods are conforming or that the lessee will take or retain them in spite of their nonconformity; or (b) The lessee fails to make an effective rejection of the goods (Code Section 11-2A-509(2)).

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(2) Acceptance of a part of any commercial unit is acceptance of that entire unit. 11-2A-516. Effect of acceptance of goods; notice of default; burden of establishing default after acceptance; notice of claim or litigation to person answerable over. (1) A lessee must pay rent for any goods accepted in accordance with the lease contract, with due allowance for goods rightfully rejected or not delivered. (2) A lessee's acceptance of goods precludes rejection of the goods accepted. In the case of a finance lease, if made with knowledge of a nonconformity, acceptance cannot be revoked because of it. In any other case, if made with knowledge of a nonconformity, acceptance cannot be revoked because of it unless the acceptance was on the reasonable assumption that the nonconformity would be seasonably cured. Acceptance does not of itself impair any other remedy provided by this article or the lease agreement for nonconformity. (3) If a tender has been accepted: (a) Within a reasonable time after the lessee discovers or should have discovered any default, the lessee shall notify the lessor and the supplier, if any, or be barred from any remedy against the party not notified; (b) Except in the case of a consumer lease, within a reasonable time after the lessee receives notice of litigation for infringement or the like (Code Section 11-2A-211) the lessee shall notify the lessor or be barred from any remedy over for liability established by the litigation; and (c) The burden is on the lessee to establish any default. (4) If a lessee is sued for breach of a warranty or other obligation for which a lessor or a supplier is answerable over the following apply:

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(a) The lessee may give the lessor or the supplier, or both, written notice of the litigation. If the notice states that the person notified may come in and defend and that if the person notified does not do so that person will be bound in any action against that person by the lessee by any determination of fact common to the two litigations, then unless the person notified after seasonable receipt of the notice does come in and defend that person is so bound. (b) The lessor or the supplier may demand in writing that the lessee turn over control of the litigation including settlement if the claim is one for infringement or the like (Code Section 11-2A-211) or else be barred from any remedy over. If the demand states that the lessor or the supplier agrees to bear all expense and to satisfy any adverse judgment, then unless the lessee after seasonable receipt of the demand does turn over control the lessee is so barred. (5) Subsections (3) and (4) apply to any obligation of a lessee to hold the lessor or the supplier harmless against infringement or the like (Code Section 11-2A-211). 11-2A-517. Revocation of acceptance of goods. (1) A lessee may revoke acceptance of a lot or commercial unit whose nonconformity substantially impairs its value to the lessee if the lessee has accepted it: (a) Except in the case of a finance lease, on the reasonable assumption that its nonconformity would be cured and it has not been seasonably cured; or (b) Without discovery of the nonconformity if the lessee's acceptance was reasonably induced either by the lessor's assurances or, except in the case of a finance lease, by the difficulty of discovery before acceptance. (2) Except in the case of a finance lease that is not a consumer lease, a lessee may revoke acceptance of a lot or commercial unit if the lessor defaults under the lease contract

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and the default substantially impairs the value of that lot or commercial unit to the lessee. (3) If the lease agreement so provides, the lessee may revoke acceptance of a lot or commercial unit because of other defaults by the lessor. (4) Revocation of acceptance must occur within a reasonable time after the lessee discovers or should have discovered the ground for it and before any substantial change in condition of the goods which is not caused by the nonconformity. Revocation is not effective until the lessee notifies the lessor. (5) A lessee who so revokes has the same rights and duties with regard to the goods involved as if the lessee had rejected them. 11-2A-518. Cover; substitute goods. (1) After a default by a lessor under the lease contract of the type described in Code Section 11-2A-508(1) or, if agreed, after other default by the lessor, the lessee may cover by making any purchase or lease of or contract to purchase or lease goods in substitution for those due from the lessor. (2) Except as otherwise provided with respect to damages liquidated in the lease agreement (Code Section 11-2A-504) or otherwise determined pursuant to agreement of the parties (Code Sections 11-1-102(3) and 11-2A-503), if a lessee's cover is by a lease agreement substantially similar to the original lease agreement and the new lease agreement is made in good faith and in a commercially reasonable manner, the lessee may recover from the lessor as damages (i) the present value, as of the date of the commencement of the term of the new lease agreement, of the rent under the new lease agreement applicable to that period of the new lease term which is comparable to the then remaining term of the original lease agreement minus the present value as of the same date of the total rent for the then remaining lease term of the original lease agreement, and (ii) any incidental or consequential damages, less expenses saved in consequence of the lessor's default.

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(3) If a lessee's cover is by lease agreement that for any reason does not qualify for treatment under subsection (2), or is by purchase or otherwise, the lessee may recover from the lessor as if the lessee had elected not to cover and Code Section 11-2A-519 governs. 11-2A-519. Lessee's damages for nondelivery, repudiation, default, and breach of warranty in regard to accepted goods. (1) Except as otherwise provided with respect to damages liquidated in the lease agreement (Code Section 11-2A-504) or otherwise determined pursuant to agreement of the parties (Code Sections 11-1-102(3) and 11-2A-503), if a lessee elects not to cover or a lessee elects to cover and the cover is by lease agreement that for any reason does not qualify for treatment under Code Section 11-2A-518(2), or is by purchase or otherwise, the measure of damages for non-delivery or repudiation by the lessor or for rejection or revocation of acceptance by the lessee is the present value, as of the date of the default, of the then market rent minus the present value as of the same date of the original rent, computed for the remaining lease term of the original lease agreement, together with incidental and consequential damages, less expenses saved in consequence of the lessor's default. (2) Market rent is to be determined as of the place for tender or, in cases of rejection after arrival or revocation of acceptance, as of the place of arrival. (3) Except as otherwise agreed, if the lessee has accepted goods and given notification (Code Section 11-2A-516(3)), the measure of damages for nonconforming tender or delivery or other default by a lessor is the loss resulting in the ordinary course of events from the lessor's default as determined in any manner that is reasonable together with incidental and consequential damages, less expenses saved in consequence of the lessor's default. (4) Except as otherwise agreed, the measure of damages for breach of warranty is the present value at the time and place of acceptance of the difference between the value of the use of the goods accepted and the value if they had been

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as warranted for the lease term, unless special circumstances show proximate damages of a different amount, together with incidental and consequential damages, less expenses saved in consequence of the lessor's default or breach of warranty. 11-2A-520. Lessee's incidental and consequential damages. (1) Incidental damages resulting from a lessor's default include expenses reasonably incurred in inspection, receipt, transportation, and care and custody of goods rightfully rejected or goods the acceptance of which is justifiably revoked, any commercially reasonable charges, expenses or commissions in connection with effecting cover, and any other reasonable expense incident to the default. (2) Consequential damages resulting from a lessor's default include: (a) Any loss resulting from general or particular requirements and needs of which the lessor at the time of contracting had reason to know and which could not reasonably be prevented by cover or otherwise; and (b) Injury to person or property proximately resulting from any breach of warranty. 11-2A-521. Lessee's right to specific performance or replevin. (1) Specific performance may be decreed if the goods are unique or in other proper circumstances. (2) A decree for specific performance may include any terms and conditions as to payment of the rent, damages, or other relief that the court deems just. (3) A lessee has a right of replevin, detinue, sequestration, claim and delivery, or the like for goods identified to the lease contract if after reasonable effort the lessee is unable to effect cover for those goods or the circumstances reasonably indicate that the effort will be unavailing. 11-2A-522. Lessee's right to goods on lessor's insolvency. (1) Subject to subsection (2) and even though the

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goods have not been shipped, a lessee who has paid a part or all of the rent and security for goods identified to a lease contract (Code Section 11-2A-217) on making and keeping good a tender of any unpaid portion of the rent and security due under the lease contract may recover the goods identified from the lessor if the lessor becomes insolvent within 10 days after receipt of the first installment of rent and security. (2) A lessee acquires the right to recover goods identified to a lease contract only if they conform to the lease contract. C. Default by Lessee 11-2A-523. Lessor's remedies. (1) If a lessee wrongfully rejects or revokes acceptance of goods or fails to make a payment when due or repudiates with respect to a part or the whole, then, with respect to any goods involved, and with respect to all of the goods if under an installment lease contract the value of the whole lease contract is substantially impaired (Code Section 11-2A-510), the lessee is in default under the lease contract and the lessor may: (a) Cancel the lease contract (Code Section 11-2A-505(1)); (b) Proceed respecting goods not identified to the lease contract (Code Section 11-2A-524); (c) Withhold delivery of the goods and take possession of goods previously delivered (Code Section 11-2A-525); (d) Stop delivery of the goods by any bailee (Code Section 11-2A-526); (e) Dispose of the goods and recover damages (Code Section 11-2A-527), or retain the goods and recover damages (Code Section 11-2A-528), or in a proper case recover rent (Code Section 11-2A-529);

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(f) Exercise any other rights or pursue any other remedies provided in the lease contract. (2) If a lessor does not fully exercise a right or obtain a remedy to which the lessor is entitled under subsection (1), the lessor may recover the loss resulting in the ordinary course of events from the lessee's default as determined in any reasonable manner, together with incidental damages, less expenses saved in consequence of the lessee's default. (3) If a lessee is otherwise in default under a lease contract, the lessor may exercise the rights and pursue the remedies provided in the lease contract, which may include a right to cancel the lease. In addition, unless otherwise provided in the lease contract: (a) If the default substantially impairs the value of the lease contract to the lessor, the lessor may exercise the rights and pursue the remedies provided in subsections (1) or (2); or (b) If the default does not substantially impair the value of the lease contract to the lessor, the lessor may recover as provided in subsection (2). 11-2A-524. Lessor's right to identify goods to lease contract. (1) After default by the lessee under the lease contract of the type described in Code Section 11-2A-523(1) or Code Section 11-2A-523(3)(a) or, if agreed, after other default by the lessee, the lessor may: (a) Identify to the lease contract conforming goods not already identified if at the time the lessor learned of the default they were in the lessor's or the supplier's possession or control; and (b) Dispose of goods (Code Section 11-2A-527(1)) that demonstrably have been intended for the particular lease contract even though those goods are unfinished. (2) If the goods are unfinished, in the exercise of reasonable commercial judgment for the purposes of avoiding

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loss and of effective realization, an aggrieved lessor or the supplier may either complete manufacture and wholly identify the goods to the lease contract or cease manufacture and lease, sell, or otherwise dispose of the goods for scrap or salvage value or proceed in any other reasonable manner. 11-2A-525. Lessor's right to possession of goods. (1) If a lessor discovers the lessee to be insolvent, the lessor may refuse to deliver the goods. (2) After a default by the lessee under the lease contract of the type described in Code Section 11-2A-523(1) or 11-2A-523(3)(a) or, if agreed, after other default by the lessee, the lessor has the right to take possession of the goods. If the lease contract so provides, the lessor may require the lessee to assemble the goods and make them available to the lessor at a place to be designated by the lessor which is reasonably convenient to both parties. Without removal, the lessor may render unusable any goods employed in trade or business, and may dispose of goods on the lessee's premises (Code Section 11-2A-527). (3) The lessor may proceed under subsection (2) without judicial process if it can be done without breach of the peace or the lessor may proceed by action. 11-2A-526. Lessor's stoppage of delivery in transit or otherwise. (1) A lessor may stop delivery of goods in the possession of a carrier or other bailee if the lessor discovers the lessee to be insolvent and may stop delivery of carload, truckload, planeload, or larger shipments of express or freight if the lessee repudiates or fails to make a payment due before delivery, whether for rent, security or otherwise under the lease contract, or for any other reason the lessor has a right to withhold or take possession of the goods. (2) In pursuing its remedies under subsection (1), the lessor may stop delivery until (a) Receipt of the goods by the lessee;

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(b) Acknowledgment to the lessee by any bailee of the goods, except a carrier, that the bailee holds the goods for the lessee; or (c) Such an acknowledgment to the lessee by a carrier via reshipment or as warehouseman. (3) (a) To stop delivery, a lessor shall so notify as to enable the bailee by reasonable diligence to prevent delivery of the goods. (b) After notification, the bailee shall hold and deliver the goods according to the directions of the lessor, but the lessor is liable to the bailee for any ensuing charges or damages. (c) A carrier who has issued a nonnegotiable bill of lading is not obliged to obey a notification to stop received from a person other than the consignor. 11-2A-527. Lessor's rights to dispose of goods. (1) After a default by a lessee under the lease contract of the type described in Code Section 11-2A-523(1) or 11-2A-523(3)(a) or after the lessor refuses to deliver or takes possession of goods (Code Section 11-2A-525 or 11-2A-526), or, if agreed, after other default by a lessee, the lessor may dispose of the goods concerned or the undelivered balance thereof by lease, sale, or otherwise. (2) Except as otherwise provided with respect to damages liquidated in the lease agreement (Code Section 11-2A-504) or otherwise determined pursuant to agreement of the parties (Code Sections 11-1-102(3) and 11-2A-503), if the disposition is by lease agreement substantially similar to the original lease agreement and the new lease agreement is made in good faith and in a commercially reasonable manner, the lessor may recover from the lessee as damages (i) accrued and unpaid rent as of the date of the commencement of the term of the new lease agreement, (ii) the present value, as of the same date, of the total rent for the then remaining lease term of the original lease agreement minus the present value, as of the same date, of the rent under the new

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lease agreement applicable to that period of the new lease term which is comparable to the then remaining term of the original lease agreement, and (iii) any incidental damages allowed under Code Section 11-2A-530, less expenses saved in consequence of the lessee's default. (3) If the lessor's disposition is by lease agreement that for any reason does not qualify for treatment under subsection (2), or is by sale or otherwise, the lessor may recover from the lessee as if the lessor had elected not to dispose of the goods and Code Section 11-2A-528 governs. (4) A subsequent buyer or lessee who buys or leases from the lessor in good faith for value as a result of a disposition under this section takes the goods free of the original lease contract and any rights of the original lessee even though the lessor fails to comply with one or more of the requirements of this article. (5) The lessor is not accountable to the lessee for any profit made on any disposition. A lessee who has rightfully rejected or justifiably revoked acceptance shall account to the lessor for any excess over the amount of the lessee's security interest (Code Section 11-2A-508(5)). 11-2A-528. Lessor's damages for nonacceptance, failure to pay, repudiation, or other default. (1) Except as otherwise provided with respect to damages liquidated in the lease agreement (Code Section 11-2A-504) or otherwise determined pursuant to agreement of the parties (Code Sections 11-1-102(3) and 11-2A-503), if a lessor elects to retain the goods or a lessor elects to dispose of the goods and the disposition is by lease agreement that for any reason does not qualify for treatment under Code Section 11-2A-527(2), or is by sale or otherwise, the lessor may recover from the lessee as damages for a default of the type described in Code Section 11-2A-523(1) or 11-2A-523(3)(a), or, if agreed, for other default of the lessee, (i) accrued and unpaid rent as of the date of default if the lessee has never taken possession of the goods, or, if the lessee has taken possession of the goods, as of the date the lessor repossesses the goods or an earlier date on which the lessee makes a tender of the goods to the lessor,

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(ii) the present value as of the date determined under clause (i) of the total rent for the then remaining lease term of the original lease agreement minus the present value as of the same date of the market rent at the place where the goods are located computed for the same lease term, and (iii) any incidental damages allowed under Code Section 11-2A-530, less expenses saved in consequence of the lessee's default. (2) If the measure of damages provided in subsection (1) is inadequate to put a lessor in as good a position as performance would have, the measure of damages is the present value of the profit, including reasonable overhead, the lessor would have made from full performance by the lessee, together with any incidental damages allowed under Code Section 11-2A-530, due allowance for costs reasonably incurred and due credit for payments or proceeds of disposition. 11-2A-529. Lessor's action for the rent. (1) After default by the lessee under the lease contract of the type described in Code Section 11-2A-523(1) or 11-2A-523(3)(a) or, if agreed, after other default by the lessee, if the lessor complies with subsection (2), the lessor may recover from the lessee as damages: (a) For goods accepted by the lessee and not repossessed by or tendered to the lessor, and for conforming goods lost or damaged within a commercially reasonable time after risk of loss passes to the lessee (Code Section 11-2A-219), (i) accrued and unpaid rent as of the date of entry of judgment in favor of the lessor, (ii) the present value as of the same date of the rent for the then remaining lease term of the lease agreement, and (iii) any incidental damages allowed under Code Section 11-2A-530, less expenses saved in consequence of the lessee's default; and (b) For goods identified to the lease contract if the lessor is unable after reasonable effort to dispose of them at a reasonable price or the circumstances reasonably indicate that effort will be unavailing, (i) accrued and unpaid rent as of the date of entry of judgment in favor of the lessor, (ii) the present value as of the same date of

Page 692

the rent for the then remaining lease term of the lease agreement, and (iii) any incidental damages allowed under Code Section 11-2A-530, less expenses saved in consequence of the lessee's default. (2) Except as provided in subsection (3), the lessor shall hold for the lessee for the remaining lease term of the lease agreement any goods that have been identified to the lease contract and are in the lessor's control. (3) The lessor may dispose of the goods at any time before collection of the judgment for damages obtained pursuant to subsection (1). If the disposition is before the end of the remaining lease term of the lease agreement, the lessor's recovery against the lessee for damages is governed by Code Section 11-2A-527 or Code Section 11-2A-528, and the lessor will cause an appropriate credit to be provided against a judgment for damages to the extent that the amount of the judgment exceeds the recovery available pursuant to Code Section 11-2A-527 or 11-2A-528. (4) Payment of the judgment for damages obtained pursuant to subsection (1) entitles the lessee to the use and possession of the goods not then disposed of for the remaining lease term of and in accordance with the lease agreement. (5) After default by the lessee under the lease contract of the type described in Code Section 11-2A-523(1) or Code Section 11-2A-523(3)(a) or, if agreed, after other default by the lessee, a lessor who is held not entitled to rent under this section must nevertheless be awarded damages for non-acceptance under Code Section 11-2A-527 or Code Section 11-2A-528. 11-2A-530. Lessor's incidental damages. Incidental damages to an aggrieved lessor include any commercially reasonable charges, expenses, or commissions incurred in stopping delivery, in the transportation, care and custody of goods after the lessee's default, in connection with return or disposition of the goods, or otherwise resulting from the default.

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11-2A-531. Standing to sue third parties for injury to goods. (1) If a third party so deals with goods that have been identified to a lease contract as to cause actionable injury to a party to the lease contract (a) the lessor has a right of action against the third party, and (b) the lessee also has a right of action against the third party if the lessee: (i) Has a security interest in the goods; (ii) Has an insurable interest in the goods; or (iii) Bears the risk of loss under the lease contract or has since the injury assumed that risk as against the lessor and the goods have been converted or destroyed. (2) If at the time of the injury the party plaintiff did not bear the risk of loss as against the other party to the lease contract and there is no arrangement between them for disposition of the recovery, his suit or settlement, subject to his own interest, is as a fiduciary for the other party to the lease contract. (3) Either party with the consent of the other may sue for the benefit of whom it may concern. 11-2A-532. Lessor's rights to residual interest. In addition to any other recovery permitted by this article or other law, the lessor may recover from the lessee an amount that will fully compensate the lessor for any loss of or damage to the lessor's residual interest in the goods caused by the default of the lessee. Section 2. Said title is further amended by striking Code Section 11-1-105, relating to territorial application of the Uniform Commercial Code and the parties' power to choose applicable law, and inserting in lieu thereof a new Code Section 11-1-105 to read as follows: 11-1-105. Territorial application of the title; parties' power to choose applicable law. (1) Except as provided hereafter in this Code section, when a transaction bears a reasonable relation to this state and also to another state or nation

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the parties may agree that the law either of this state or of such other state or nation shall govern their rights and duties. Failing such agreement this title applies to transactions bearing an appropriate relation to this state. (2) Where one of the following provisions of this title specifies the applicable law, that provision governs and a contrary agreement is effective only to the extent permitted by the law (including the conflict of laws rules) so specified: Rights of creditors against sold goods. Code Section 11-2-402. Applicability of the article of this title on leases (Article 2A of this title). Code Sections 11-2A-105 and 11-2A-106. Applicability of the article of this title on bank deposits and collections (Article 4 of this title). Code Section 11-4-102. Bulk transfers subject to the article of this title on bulk transfers (Article 6 of this title). Code Section 11-6-102. Applicability of the article of this title on investment securities (Article 8 of this title). Code Section 11-8-106. Perfection provisions of the article of this title on secured transactions (Article 9 of this title). Code Section 11-9-103. Governing law in the article on funds transfers. (Article 4A of this title). Code Section 11-4A-507. Section 3. Said title is further amended by striking subsection (37) of Code Section 11-1-201, relating to general definitions of terms used in Title 11, the Uniform Commercial Code, and inserting in lieu thereof a new subsection (37) to read as follows: (37) `Security interest' means an interest in personal property or fixtures which secures payment or performance of an obligation. The retention or reservation of title by a seller of goods notwithstanding shipment or delivery to the

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buyer (Code Section 11-2-401) is limited in effect to a reservation of a `security interest.' The term also includes any interest of a buyer of accounts or chattel paper which is subject to Article 9 of this title. The special property interest of a buyer of goods on identification of those goods to a contract for sale under Code Section 11-2-401 is not a `security interest,' but a buyer may also acquire a `security interest' by complying with Article 9 of this title. Unless a consignment is intended as security, reservation of title thereunder is not a `security interest,' but a consignment in any event is subject to the provisions on consignment sales (Code Section 11-2-326). Whether a transaction creates a lease or security interest is determined by the facts of each case; however, a transaction creates a security interest if the consideration the lessee is to pay the lessor for the right to possession and use of the goods is an obligation for the term of the lease not subject to termination by the lessee, and (a) The original term of the lease is equal to or greater than the remaining economic life of the goods, (b) The lessee is bound to renew the lease for the remaining economic life of the goods or is bound to become the owner of the goods, (c) The lessee has an option to renew the lease for the remaining economic life of the goods for no additional consideration or nominal additional consideration upon compliance with the lease agreement, or (d) the lessee has an option to become the owner of the goods for no additional consideration or nominal additional consideration upon compliance with the lease agreement. A transaction does not create a security interest merely because it provides that (a) The present value of the consideration the lessee is obligated to pay the lessor for the right to possession

Page 696

and use of the goods is substantially equal to or is greater than the fair market value of the goods at the time the lease is entered into, (b) The lessee assumes risk of loss of the goods, or agrees to pay taxes, insurance, filing, recording, or registration fees, or service or maintenance costs with respect to the goods, (c) The lessee has an option to renew the lease or to become the owner of the goods, (d) The lessee has an option to renew the lease for a fixed rent that is equal to or greater than the reasonably predictable fair market rent for the use of the goods for the term of the renewal at the time the option is to be performed, or (e) The lessee has an option to become the owner of the goods for a fixed price that is equal to or greater than the reasonably predictable fair market value of the goods at the time the option is to be performed. For purposes of this subsection (37): (x) Additional consideration is not nominal if (i) when the option to renew the lease is granted to the lessee the rent is stated to be the fair market rent for the use of the goods for the term of the renewal determined at the time the option is to be performed, or (ii) when the option to become the owner of the goods is granted to the lessee the price is stated to be the fair market value of the goods determined at the time the option is to be performed.Additional consideration is nominal if it is less than the lessee's reasonablypredictable cost of performing under the lease agreement if the option is not exercised; (y) `Reasonably predictable' and `remaining economic life of the goods' are to be determined with reference to the facts and circumstances at the time the transaction is entered into; and

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(z) `Present value' means the amount as of a date certain of one or more sums payable in the future, discounted to the date certain. The discount is determined by the interest rate specified by the parties if the rate is not manifestly unreasonable at the time the transaction is entered into; otherwise, the discount is determined by a commercially reasonable rate that takes into account the facts and circumstances of each case at the time the transaction was entered into. Section 4. Said title is further amended by striking Code Section 11-9-113, relating to security interests arising under the article on sales, and inserting in lieu thereof a new Code Section 11-9-113 to read as follows: 11-9-113. Security interests arising under article on sales or under article on leases. A security interest arising solely under the article on sales (Article 2 of this title) or the article on leases (Article 2A of this title) is subject to the provisions of this article except that to the extent that and so long as the debtor does not have or does not lawfully obtain possession of the goods: (a) No security agreement is necessary to make the security interest enforceable; and (b) No filing is required to perfect the security interest; and (c) The rights of the secured party on default by the debtor are governed (i) by the article on sales (Article 2 of this title) in the case of a security interest arising solely under such article or (ii) by the article on leases (Article 2A of this title) in the case of a security interest arising solely under such article. Section 5. This Act shall become effective on July 1, 1993, for all lease contracts that are first made or that first become effective between the parties on or after that date. This Act shall not apply to any lease first made or that first became effective between the parties before July 1, 1993, or to any extension,

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amendment, modification, renewal, or supplement of or to any such lease contract, unless the parties thereto specifically agree in writing that such lease contract, as extended, amended, modified, renewed, or supplemented, shall be governed by this Act. Section 6. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1993. LICENSE PLATES PENALTY FOR OPERATING VEHICLE WITHOUT REVALIDATION DECAL AFFIXED. Code Section 40-2-8.1 Enacted. No. 413 (House Bill No. 34). AN ACT To amend Article 1 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions regarding registration and licensing of motor vehicles, so as to change the penalties imposed upon certain persons who operate vehicles without having required revalidation decals affixed to the license plates thereof; 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 regarding registration and licensing of motor vehicles, is amended by adding immediately following Code Section 40-2-8 a new Code section to read as follows:

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40-2-8.1. Notwithstanding Code Section 40-2-8 or any other provision of law, a person who operates a vehicle which is required to be registered in this state and which has attached to the rear thereof a valid numbered license plate without having the required revalidation decal affixed upon that plate, which person is otherwise guilty of a misdemeanor for not having such decal affixed to the plate, shall be subject for that offense only to a fine not to exceed $25.00 if that person shows to the court having jurisdiction of the offense that the proper revalidation decal had been obtained prior to the time of the offense. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1993. AD VALOREM TAXATION EQUALIZED ADJUSTED SCHOOL PROPERTY TAX DIGEST; BOARDS OF ARBITRATORS. Code Section 48-5-274 Amended. No. 414 (House Bill No. 62). AN ACT To amend Code Section 48-5-274 of the Official Code of Georgia Annotated, relating to the establishment of the equalized adjusted school property tax digest, so as to change certain provisions relating to the appointment of boards of arbitrators; 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 the equalized adjusted school property tax digest, is amended by

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striking subparagraph (e)(2)(B) and inserting in its place a new subparagraph (e)(2)(B) to read as follows: (B) Each board of arbitrators shall consist of three members, one to be chosen by the state auditor within 15 days after receipt of a written complaint, one to be chosen by the complaining party at the time of requesting the arbitration, and one to be chosen within 15 days after selection of the first two members by the first two members of the board. In the event the two arbitrators cannot agree on a third member, the Chief Justice of the Supreme Court of Georgia shall appoint the third member upon petition of either party with notice to the opposing party. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1993. REGULATION OF VETERINARY MEDICINE NONSURGICAL TRANSFER OF EMBRYOS EXEMPTED. Code Section 43-50-32 Amended. No. 415 (House Bill No. 63). AN ACT To amend Code Section 43-50-32 of the Official Code of Georgia Annotated, relating to certain acts which are not prohibited by certain laws regulating the practice of veterinary medicine, so as to provide that such laws shall not be construed to prohibit any person performing nonsurgical transfer of embryos; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1. Code Section 43-50-32 of the Official Code of Georgia Annotated, relating to certain acts which are not prohibited by certain laws regulating the practice of veterinary medicine, is amended by striking paragraph (10) and inserting in its place a new paragraph (10) to read as follows: (10) Any person performing artificial insemination or nonsurgical transfer of embryos; or. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1993. COMMERCE AND TRADE ADVERTISING; SIZE AND STYLE OF TYPE OF DISCLAIMERS. Code Section 10-1-420 Amended. No. 416 (House Bill No. 76). AN ACT To amend Code Section 10-1-420 of the Official Code of Georgia Annotated, relating to advertising without intending to sell on stated terms, so as to provide for the size and style of type to be used in any disclaimer or symbol directing attention to a disclaimer regarding the availability of merchandise or services advertised for sale; 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 10-1-420 of the Official Code of Georgia Annotated, relating to advertising without intending to sell on stated terms, is amended by redesignating subsection (b) as subsection (c) and inserting a new subsection (b) to read as follows:

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(b) Any disclaimer that merchandise, commodities, or services advertised for sale may not be available or that availability may be limited or any statement containing the conditions of a lease or rental agreement shall be in the same style as the advertisement and, if in written or printed form, such disclaimer and any asterisk or other symbol directing the attention of the reader to such disclaimer shall be not smaller than one-fifth of the type size used in the main body of the advertisement, provided that the minimum type size shall be not smaller than six-point type in Helvetica font. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1993. INSURANCE AGENTS; DISPLAY CERTIFICATE OF LICENSURE. Code Sections 33-23-11 and 33-23-26 Amended. No. 417 (House Bill No. 77). AN ACT To amend Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to the licensing of insurance agents, subagents, and others, so as to provide for the issuance of a display certificate of licensure by the Commissioner of Insurance; to authorize the Commissioner to provide by rule or regulation the form and content of the certificate, application procedures, and the fee for the certificate; to provide a maximum amount for the fee; to provide a time period in which an insurer shall be deemed to have obtained a certificate of authority for an agent; 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 23 of Title 33 of the Official Code of Georgia Annotated, relating to the licensing of insurance agents, subagents, and others, is amended by striking Code Section 33-23-11, relating to the issuance and contents of licenses issued by the Commissioner of Insurance, in its entirety and inserting in its place a new Code Section 33-23-11 to read as follows: 33-23-11. (a) The Commissioner shall issue licenses applied for to persons qualified for the licenses in accordance with this chapter. (b) The license shall state the name and address of the licensee, the date of issue, the general conditions relative to expiration or termination, the kind or kinds of insurance covered, and the other conditions of licensing. (c) Upon the request of a licensee under this chapter, the Commissioner shall provide a certificate of licensure which shall be suitable for display at the business premises of the licensee. The Commissioner shall provide by rule or regulation the application procedures for the certificate, the form and content of the certificate, and a fee for the certificate which shall approximate the administrative costs incurred in the preparation and issuance of such certificate; provided, however, that such cost shall not exceed $25.00. Section 2. Said chapter is further amended by striking Code Section 33-23-26, relating to an agent's certificate of authority, and inserting in its place a new Code Section 33-23-26 to read as follows: 33-23-26. (a) Each insurer authorized to transact insurance in this state shall obtain an agent's certificate of authority for each agent representing such insurer in the solicitation of, negotiation for, procurement of, or making of contracts of insurance in this state. For the purposes of this subsection, the insurer will be deemed to have obtained a certificate of authority for its designated agent seven working days after the date of mailing of the request for such certificate to the Commissioner by at least first-class mail; provided, however, that the initial certificate of authority for an

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applicant for licensure shall not become effective until the date such applicant is finally granted a license by the Commissioner. (b) All agent's certificates of authority shall be renewed by the insurer on or before January 1 of each year. (c) The fee for each agent's certificate of authority or renewal or duplicate thereof shall be as provided in Code Section 33-8-1. (d) (1) On or before January 1 of each year every insurer shall file with the Commissioner in such form and manner as the Commissioner may prescribe a certified listing of all of its agents whose certificates of authority are to be renewed for the coming year and shall remit payment to the Commissioner for the appropriate fees. (2) Each insurer shall also be required to maintain and update periodically its listing of authorized agents filed with the Commissioner in such form and manner as may be prescribed by the Commissioner. (e) If an agent's certificate of authority is terminated, the insurer promptly shall give written notice of said termination and the effective date of the termination to the Commissioner and to the agent where reasonably possible. The Commissioner may also require the insurer to demonstrate to the satisfaction of the Commissioner that the insurer has made a reasonable effort to give notice to the agent. (f) All notices of termination shall be filed with the Commissioner in such form and manner as the Commissioner shall prescribe by rule or regulation. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1993. CRIMINAL PROCEDURE SENTENCE REVIEW PANEL; SENTENCES REVIEWED. Code Section 17-10-6 Amended. No. 418 (House Bill No. 79). AN ACT To amend Code Section 17-10-6 of the Official Code of Georgia Annotated, relating to review of sentences of imprisonment for periods of five or more years by a three-judge panel, so as to change the review by a three-judge panel to sentences of imprisonment of 12 or more years or several consecutive sentences which total 12 or more years when fixed and imposed by a judge without a jury; 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 17-10-6 of the Official Code of Georgia Annotated, relating to review of sentences of imprisonment for periods of five or more years by a three-judge panel, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) In any case, except cases in which the death penalty is imposed, in which a sentence of 12 or more years, or several consecutive sentences which total 12 or more years, has been fixed and imposed by a judge, without a jury, the defendant shall have the right to have the sentence or sentences reviewed by a panel of three superior court judges

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to determine whether the sentence or sentences so imposed are excessively harsh. Consideration shall be given in the review to the nature of the crime for which the defendant has been convicted and to the defendant's prior criminal record. Any defendant seeking a review of such sentence or sentences shall make application therefor within 30 days of the date on which the sentence was imposed by a judge of the superior court or after the remittitur from the Court of Appeals or Supreme Court affirming the conviction is made the judgment of the sentencing court, whichever occurs last. The application shall be filed with the clerk of the superior court in which the sentence was imposed. Upon the filing of an application the clerk shall transmit the same to the three-judge panel created under this Code section within ten days of the date on which the application was filed. For such service, the clerk shall receive the fees prescribed in Code Section 15-6-77 from the funds of the county, except where the clerk is on a salary. It shall be the duty of the judge imposing the sentence and any probation officer to transmit, within ten days of the filing of an application for review of a sentence, a copy of any presentence or postsentence report prepared by the probation officer, including the record of the defendant, to the three-judge panel. Section 2. This Act shall become effective July 1, 1993, and shall apply to sentences imposed on or after such date. The provisions of Code Section 17-10-6 as such Code section existed prior to July 1, 1993, shall apply to sentences imposed prior to July 1, 1993. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1993.

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HANDICAPPED PARKING PENALTIES FOR VIOLATIONS. Code Section 40-6-226 Amended. No. 419 (House Bill No. 94). AN ACT To amend Part 2 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to handicapped parking, so as to change certain penalties for violations of the handicapped parking laws; to provide for editorial changes; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Part 2 of Article 10 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to handicapped parking, is amended by striking Code Section 40-6-226, relating to offenses and penalties, in its entirety and inserting in lieu thereof a new Code Section 40-6-226 to read as follows: 40-6-226. (a) It shall be unlawful for any person to stop, stand, or park any vehicle in a handicapped parking place unless there is displayed on the dashboard or hung from the rearview mirror of the parked vehicle a valid unexpired handicapped parking permit or unless there is attached to the vehicle a specially designated license plate for disabled veterans or other disabled persons authorized under subsection (d) of Code Section 40-6-222. (b) (1) It shall be unlawful for any person to stop, stand, or park any vehicle in a handicapped parking place except for the purpose of allowing a handicapped person to enter or get out of such vehicle while in such parking place. However, nothing in this paragraph shall prevent an ambulance or emergency vehicle from stopping in a handicapped parking place.

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(2) It shall be unlawful for any person to stop, stand, or park any vehicle in a handicapped parking place for the nonambulatory as provided by a business pursuant to the provisions of Code Section 40-6-225 except for the purpose of allowing a nonambulatory permanently handicapped person to enter or get out of such vehicle while in such parking place. However, nothing in this paragraph shall prevent an ambulance or emergency vehicle from stopping in a handicapped parking place for the nonambulatory. (3) It shall be unlawful for any person to stop, stand, or park any vehicle in any area directly connecting with a handicapped parking place which area is clearly designed and designated for access to such handicapped parking place. (c) It shall be unlawful for any person to obtain by fraud or counterfeit a handicapped parking permit. (d) It shall be unlawful for any person or institution, other than the one to whom a handicapped parking permit or specially designated license plate for the disabled person is issued, to make use of a handicapped parking permit or specially designated license plate for a disabled person. It shall be unlawful for any person to use a handicapped parking permit for any institutional vehicle other than the vehicle for which the permit has been issued. (e) No person shall park a vehicle so as to block any entrance or exit ramp used by handicapped persons on public or private property. (f) (1) Any person violating subsection (c) of this Code section shall be guilty of a misdemeanor. (2) Any person violating subsection (a), (b), (d), or (e) of this Code section shall be subject to a fine of not less than $100.00 and not more than $500.00. (g) In addition to the penalties provided for in subsection (f) of this Code section, any vehicle which is illegally

Page 709

parked in a handicapped parking place which is marked by a sign bearing the words `Tow-Away Zone' as described in paragraph (2) of Code Section 40-6-221 on public or private property may be towed away or caused to be towed away by a proper law enforcement agency or the official security agency of said property at the expense of the owner of the vehicle or, if the vehicle is leased or rented, at the expense of the person responsible for payment on the lease or rental agreement. (h) A property owner who is required to provide handicapped parking places shall designate each such place with a sign meeting the applicable requirements specified therefor by paragraph (2) of Code Section 40-6-221 and upon failure so to designate each such handicapped parking place shall be subject to a fine of $150.00 for each place which is not so designated; provided, however, that the fine will be waived if the required designation is made within 14 days from the date of citation. If that property owner fails or refuses to designate properly the handicapped parking places within such 14 days the property owner shall, on the fifteenth day after receiving the citation, be subject to the $150.00 fine for each place and an additional $5.00 fine for each place for each day that the owner fails to comply with provisions of this subsection until the places are properly designated. All fines assessed under this subsection shall be paid into the treasury of the city or county issuing the citation against the owner. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1993.

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CRIMINAL PROCEDURE COUNTY OR MUNICIPAL LAW ENFORCEMENT OFFICERS; TRANSPORTING ARRESTED PERSONS. Code Section 17-4-25.1 Enacted. No. 420 (House Bill No. 107). AN ACT To amend Article 2 of Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to arrest by law enforcement officers in general, so as to provide that a sworn county or municipal law enforcement officer shall be authorized to transport an arrested person from one jurisdiction to the county or municipality in which the offense is alleged to have been committed; to provide that the agency transporting the arrested person shall be responsible for all costs associated with the transport; to provide that an officer may hold the arrested person in another jurisdiction in order to enable such officer to transfer the arrested person; to provide for additional powers and authority with respect to the transportation of prisoners; to provide for contracts between the sheriff and certain municipal or other law enforcement agency heads relative to the transporting of arrested individuals; to provide that in the absence of such a contract, the sheriff or his or her designee has the right of first refusal of transporting persons arrested on a warrant to an appropriate detention facility where the crime is alleged to have occurred; to provide that the law enforcement agency transporting an arrested individual shall have responsibility in any such case; to provide for construction; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 2 of Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to arrest by law enforcement officers in general, is amended by adding a new Code section immediately following Code Section 17-4-25, to be designated Code Section 17-4-25.1, to read as follows:

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17-4-25.1. (a) As provided in subsection (e) of this Code section, a sworn law enforcement officer from a county or municipality in which an offense is alleged to have been committed shall be authorized to transport an arrested person, with the warrant under which such person was arrested, from one jurisdiction to the county or municipality in which the offense is alleged to have been committed for examination before any judicial officer of that county or municipality. (b) Unless otherwise provided by contract, the agency transporting the arrested person pursuant to subsection (a) of this Code section shall be responsible for all costs associated with the transport. Such officer may hold or imprison the arrested person in a jurisdiction other than where the offense is alleged to have been committed long enough to enable such officer to prepare to take the arrested person to the jurisdiction in which the offense is alleged to have been committed. (c) A sworn law enforcement officer from a county or municipality shall be authorized to transport a prisoner who is lawfully in the custody of such officer to a medical facility, youth development center, or court appearance outside such county or municipality or to transport such prisoner to a location outside such county or municipality for any lawfully required or necessary purpose. (d) This Code section shall not be construed to provide any general state-wide police powers or authority for county or municipal law enforcement officers or expand the arrest powers of such officers outside their properly authorized jurisdiction. (e) Sheriffs and, with the approval of its governing authority, municipal or other law enforcement agency heads are authorized to enter into a contract for the purposes of transporting arrested individuals from the jurisdiction of the arrest to an appropriate detention facility where the alleged crime is to have occurred. In the absence of a written contract between the sheriff and municipal or other law enforcement agency head, the sheriff or his or her designee has the

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right of first refusal, as evidenced in writing, of transporting persons arrested on a warrant to an appropriate detention facility where the crime is alleged to have occurred. Any responsibility arising as a result of the transportation of an arrested individual as authorized in this Code section shall be that of the agency whose employee is transporting the arrested individual. Section 2. This Act shall become effective upon its approval by the Governor 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, 1993. ELECTIONS RESTRICTIONS ON CAMPAIGN AND POLLING ACTIVITIES. Code Sections 21-2-414 and 21-3-321 Amended. No. 421 (House Bill No. 125). AN ACT To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change certain restrictions on campaign and polling activities within the vicinity of a polling place; 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 21-2-414, relating to restrictions on campaign activities and

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public opinion polling within the vicinity of a polling place, in its entirety and inserting in lieu thereof the following: 21-2-414. (a) No person shall solicit votes in any manner or by any means or method, nor shall any person distribute any campaign literature, newspaper, booklet, pamphlet, card, sign, or any other written or printed matter of any kind, nor shall any person conduct any exit poll or public opinion poll with voters on any primary or election day within 150 feet of the outer edge of any building within which a polling place is established. (b) No person shall solicit signatures for any petition on any primary or election day within 150 feet of the outer edge of any building within which a polling place is established. (c) No person shall solicit votes in any manner or by any means or method, nor shall any person distribute any campaign literature, newspaper, booklet, pamphlet, card, sign, or any other written or printed matter of any kind, nor shall any person conduct any exit poll or public opinion poll with voters within a room in which absentee ballots are being cast on any day. (d) No person shall solicit signatures for any petition within a room in which absentee ballots are being cast on any day. (e) This Code section shall not be construed to prohibit a poll officer from distributing materials, as required by law, which are necessary for the purpose of instructing electors or from distributing materials prepared by the Secretary of State which are designed solely for the purpose of encouraging voter participation in the election being conducted. (f) Any person who violates this Code section shall be guilty of a misdemeanor. (g) This Code section shall not apply to conduct occurring at or upon any privately owned residence, privately owned business, or privately owned building which is not being used as a polling place.

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Section 2. Said title is further amended by striking Code Section 21-3-321, relating to restrictions on campaign activities and public opinion polling within the vicinity of a polling place, in its entirety and inserting in lieu thereof the following: 21-3-321. (a) No person shall solicit votes in any manner or by any means or method, nor shall any person distribute any campaign literature, newspaper, booklet, pamphlet, card, sign, or any other written or printed matter of any kind, nor shall any person conduct any exit poll or public opinion poll with voters on any primary or election day within 150 feet of the outer edge of any building within which a polling place is established. (b) No person shall solicit signatures for any petition on any primary or election day within 150 feet of the outer edge of any building within which a polling place is established. (c) No person shall solicit votes in any manner or by any means or method, nor shall any person distribute any campaign literature, newspaper, booklet, pamphlet, card, sign, or any other written or printed matter of any kind, nor shall any person conduct any exit poll or public opinion poll with voters within a room in which absentee ballots are being cast on any day. (d) No person shall solicit signatures for any petition within a room in which absentee ballots are being cast on any day. (e) This Code section shall not be construed to prohibit a poll officer from distributing materials, as required by law, which are necessary for the purpose of instructing electors or from distributing materials prepared by the Secretary of State which are designed solely for the purpose of encouraging voter participation in the election being conducted. (f) This Code section shall not apply to conduct occurring at or upon any privately owned residence, privately owned business, or privately owned building which is not being used as a polling place.

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Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1993. CRIMES AND OFFENSES CHILD MOLESTATION; SECOND OR SUBSEQUENT OFFENSES; STIFFER PENALTIES AND INCARCERATION. Code Section 16-6-4 Amended. No. 422 (House Bill No. 130). AN ACT To amend Code Section 16-6-4 of the Official Code of Georgia Annotated, relating to child molestation and aggravated child molestation, so as to provide that upon a second or subsequent conviction for child molestation, a person shall be imprisoned for not less than five years nor more than 30 years, or for life but only upon having received notice, in writing, that the state intends to seek life imprisonment; to provide for life imprisonment upon second or subsequent convictions of aggravated child molestation; to provide for related matters; to provide that sentences shall not be suspended; 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 16-6-4 of the Official Code of Georgia Annotated, relating to child molestation and aggravated child molestation, is amended by striking subsections (b) and (d) of said Code section and inserting in lieu thereof the following: (b) A person convicted of a first offense of child molestation shall be punished by imprisonment for not less than one nor more than 20 years. Upon such first conviction of the offense of child molestation, the judge may probate the sentence;

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and such probation may be upon the special condition that the defendant undergo a mandatory period of counseling administered by a licensed psychiatrist or a licensed psychologist. However, if the judge finds that such probation should not be imposed, he shall sentence the defendant to imprisonment; provided, further, that upon a defendant's being incarcerated on a conviction for such first offense, the Department of Corrections shall provide counseling to such defendant. Upon a second or subsequent conviction of an offense of child molestation, the defendant shall be punished by imprisonment for not less than five years nor more than 30 years or by imprisonment for life; provided, however, that prior to trial, a defendant shall be given notice, in writing, that the state intends to seek a punishment of life imprisonment. Adjudication of guilt or imposition of sentence for a conviction of a second or subsequent offense of child molestation, including a plea of nolo contendere, shall not be suspended, probated, deferred, or withheld. (d) A person convicted of a first offense of aggravated child molestation shall be punished by imprisonment for not less than two nor more than 30 years. Upon a second or subsequent conviction of aggravated child molestation, the defendant shall be punished by imprisonment for life. Section 2. This Act shall become effective on July 1, 1993, and shall apply to criminal offenses committed on or after that date. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1993.

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LOCAL GOVERNMENT AUDITS OF FINANCIAL AFFAIRS AND TRANSACTIONS; EXPENDITURES. Code Section 36-81-7 Amended. No. 423 (House Bill No. 137). AN ACT To amend Code Section 36-81-7 of the Official Code of Georgia Annotated, relating to audits of the financial affairs and transactions of certain local governments, so as to change the expenditure level with respect to the requirement of such audits; 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 36-81-7 of the Official Code of Georgia Annotated, relating to audits of the financial affairs and transactions of certain local governments, is amended by striking subsection (a) and inserting in its place a new subsection (a) to read as follows: (a) (1) Beginning with the local government fiscal year which ends between July 1, 1993, and June 30, 1994, the governing authority of each unit of local government having a population in excess of 1,500 persons according to the latest estimate of population by the United States Bureau of the Census or its successor agency or expenditures of $115,000.00 or more shall provide for and cause to be made an annual audit of the financial affairs and transactions of all funds and activities of the local government for each fiscal year of the local government. (2) The governing authority of each local unit of government not included in paragraph (1) of this subsection shall provide for and cause to be made the audit required pursuant to paragraph (1) not less often than once every two fiscal years. Audits performed pursuant to this paragraph shall be for both fiscal years.

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(3) The governing authority of each local unit of government having expenditures of less than $115,000.00 in that government's most recently ended fiscal year may elect to prepare, in lieu of the biennial audit otherwise required under paragraph (2) of this subsection, an annual financial report of receipts and disbursements for that fiscal year upon such forms and in such manner as shall be prescribed by the state auditor, and that financial report shall constitute an annual audit report for purposes of and within the meaning of the requirements of subsections (d) through (g) of this Code section. The Department of Community Affairs is authorized to assist requesting local governments in preparing financial reports required under this paragraph and in establishing record-keeping procedures needed in preparing those reports and is further authorized to charge those local governments reasonable fees for that assistance. (4) At the option of the governing authority, an audit may be made at a lesser interval than one year. Section 2. This Act shall become effective on July 1, 1993. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1993.

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ROLLER SKATING SAFETY ACT OF 1993 DUTIES OF ROLLER SKATING CENTERS AND ROLLER SKATERS; ASSUMPTION OF RISK; LIABILITY. Code Section 51-1-43 Enacted. No. 424 (House Bill No. 140). AN ACT To amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions concerning torts, so as to prescribe the duties and liabilities of operators of roller skating centers and persons who utilize roller skating centers; to provide a short title; to define certain terms; to provide that a person who participates in roller skating assumes certain risks; to provide that a roller skater, spectator, or operator of a roller skating center who violates the provisions of this Act shall be liable in a civil action for damages for that portion of the loss or damage resulting from the violation; to provide for the exercise of ordinary diligence; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions concerning torts, is amended by adding following Code Section 51-1-42 a new Code Section 51-1-43 to read as follows: 51-1-43. (a) This Code section shall be known and may be cited as the `Roller Skating Safety Act of 1993.' (b) As used in this Code section, the term: (1) `Operator' means a person or entity who owns or controls or who has operational responsibility for a roller skating center.

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(2) `Roller skater' means a person wearing roller skates while that person is in a roller skating center for the purpose of roller skating. (3) `Roller skating center' means a building, facility, or premises which provides an area specifically designed to be used for roller skating by the public. (4) `Spectator' means a person who is present in a roller skating center only for the purpose of observing skating activity, whether recreational or competitive. (c) Each operator of a roller skating center shall be required to: (1) Post the duties of roller skaters and spectators as prescribed in this Code section in conspicuous places; (2) Comply with the safety standards ordinarily accepted in the roller skating rink industry; (3) Maintain roller skating equipment and roller skating surfaces according to the safety standards cited in paragraph (2) of this subsection; and (4) Maintain the stability and legibility of all required signs, symbols, and posted notices. (d) While in a roller skating center, each roller skater shall do all of the following: (1) Maintain reasonable control of his or her speed and course at all times; (2) Read all posted signs and warnings; (3) Maintain a proper lookout to avoid other roller skaters and objects; (4) Accept the responsibility for knowing the range of his or her own ability to negotiate the intended direction of travel while on roller skates and to skate within the limits of that ability; and

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(5) Refrain from acting in a manner which may cause injury to others. (e) Each person who participates in roller skating in a roller skating center accepts the risks that are inherent in that activity insofar as the risks are obvious and necessary. (f) A roller skater, spectator, or operator who violates the provisions of this Code section shall be liable in a civil action for damages for that portion of the loss or damage resulting from the violation. (g) Nothing in this Code section shall be construed to relieve an operator from exercising ordinary diligence in his or her operational responsibility. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1993. STATE MERIT SYSTEM OF PERSONNEL ADMINISTRATION USE OF SICK LEAVE; DOCUMENTATION; RULES. Code Section 45-20-16 Amended. No. 425 (House Bill No. 167). AN ACT To amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Administration, so as to change the provisions relating to the accumulation and utilization of sick leave; to repeal certain provisions relating to disapproval of sick leave and procedures for contesting disapproval; to authorize employees in

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the classified service who have accumulated sick leave to utilize such sick leave in accordance with criteria of the State Personnel Board; to authorize a supervisor to provide for documentation for the use of sick leave; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Administration, is amended by striking in its entirety Code Section 45-20-16, relating to accrual of sick leave and conversion to and use of personal leave, and inserting in lieu thereof a new Code Section 45-20-16 to read as follows: 45-20-16. (a) Full-time employees in the classified service shall earn sick leave at the rate of one and one-fourth days per month of service. Part-time employees in the classified service who work 20 or more hours per week shall earn sick leave at the rate of one and one-fourth days per month of service prorated by the percentage of time worked. Sick leave shall be cumulative for not more than 90 days. Any sick leave earned in excess of 90 days at the end of any month shall be forfeited but may be restored to the employee as provided in the regulations of the State Personnel Board. (b) Any employee in the classified service who has accumulated sick leave shall be authorized to utilize such sick leave in accordance with the criteria established in the rules and regulations of the State Personnel Board; provided, however, that whenever an employee is sick and absent from work, the employee may be required to report each day by telephone to the appropriate authority. An employee shall not be required to provide documentation for the use of less than 17 hours of sick leave in any 30 day period, unless the employee has demonstrated excessive or abusive use of sick leave. The State Personnel Board shall establish rules and regulations that define excessive or abusive use.

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(c) An employee who has accrued more than 15 days of sick leave as of November 30 of any year may, by written notification to the appointing authority by no later than December 31 of that year, convert up to three days of accrued sick leave in excess of 15 days to personal leave. Any personal leave not used by December 31 of the following year, or upon termination, shall be forfeited and not restored to the employee. (d) Personal leave may be used by the employee for personal reasons the same as annual leave upon approval by the employee's appointing authority. The employee shall normally be required to provide the appointing authority with a 24 hour advance notice for use of personal leave. Every reasonable effort shall be made by the appointing authority to accommodate employees on their requests for use of personal leave. (e) If the appointing authority disagrees with the claim of sickness or need to utilize sick leave made by the employee pursuant to subsection (d) of this Code section, the appointing authority may disapprove the use of such sick leave in accordance with the criteria established in the rules and regulations of the State Personnel Board. The employee may contest the disapproval of the sick leave through the department's employee complaint procedure. (f) The State Personnel Board shall adopt regulations to implement the provisions of this Code section. The leave regulations of the board in effect on July 1, 1991, and not in conflict with this Code section shall remain in effect until amended, changed, modified, or repealed by the board. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1993.

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SHERIFFS QUALIFICATIONS AND TRAINING; EXEMPTIONS. Code Section 15-16-1 Amended. No. 426 (House Bill No. 205). AN ACT To amend Code Section 15-16-1 of the Official Code of Georgia Annotated, relating to qualifications and training requirements of sheriffs, so as to change the qualifications for such office; to provide an additional exemption from certain qualifications and training requirements; 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 15-16-1 of the Official Code of Georgia Annotated, relating to qualifications and training requirements of sheriffs, is amended by striking in its entirety subparagraph (c)(1)(J) and inserting in lieu thereof a new subparagraph (J) to read as follows: (J) Is a registered peace officer as provided in Code Section 35-8-10 or is a certified peace officer as defined in Chapter 8 of Title 35, within six months after taking office. Section 2. Said Code section is further amended by striking subsection (f) in its entirety and inserting in lieu thereof a new subsection (f) to read as follows: (f) Exemption. The requirements of subparagraphs (c)(1)(D), (c)(1)(E), (c)(1)(H), and (c)(1)(J) of this Code section and the requirements of subsection (d) of this Code section shall be deemed to have been met by any person who shall have served as a duly qualified and elected sheriff of one of the several counties of this state for a period of two years.

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Section 3. Any person elected to the office of sheriff at the 1992 general election, which person is a registered peace officer as provided in Code Section 35-8-10, shall be exempt from any qualifications provided for sheriffs in an Act approved April 17, 1992 (Ga. L. 1992, p. 2112), which qualifications are in conflict with the provisions of this Act. 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, 1993. MOTOR VEHICLE RACETRACKS LICENSING OF OPERATORS TRANSFERRED TO SAFETY FIRE COMMISSIONER. Code Sections 43-25-2 through 43-25-7 Amended. No. 427 (House Bill No. 213). AN ACT To amend Chapter 25 of Title 43 of the Official Code of Georgia Annotated, relating to operators of motor vehicle racetracks, so as to transfer licensing authority and responsibility from the commissioner of public safety to the Safety Fire Commissioner; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 25 of Title 43 of the Official Code of Georgia Annotated, relating to operators of motor vehicle

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racetracks, is amended by striking Code Sections 43-25-2 through 43-25-7 in their entirety and inserting in lieu thereof the following: 43-25-2. It shall be unlawful for any person, firm, or corporation to operate or conduct any motor vehicle race on any permanent racetrack or other place where such races are to be held unless there shall first be obtained a license to operate or conduct such races from the Safety Fire Commissioner. 43-25-3. Application for a license to operate or conduct a racetrack or other place for the holding of motor vehicle races or exhibitions shall be made in writing to the Safety Fire Commissioner on a form prescribed by or furnished by the Safety Fire Commissioner. The application form shall require a full and complete address of the track or other place desired to be licensed, the name and address of the licensee, and the name and address of the promoter of such race or exhibition and shall contain such further information as the Safety Fire Commissioner may require in order to comply with Code Section 43-25-4. Such application shall be accompanied by a nonrefundable fee of $100.00. 43-25-4. No license for operating or conducting a motor vehicle racetrack shall be issued by the Safety Fire Commissioner until the applicant has complied with the rules and regulations of the Safety Fire Commissioner pursuant to Code Section 43-25-8 and has a valid public liability insurance policy with minimum limits of $1 million per accident and $100,000.00 per person per accident, or $1 million combined single limit, or in lieu thereof a valid public liability bond in like amount. The policy or bond shall be designed to provide coverage for the protection of the licensee from any legal liability arising out of bodily injury, including death, to any member of the general public, resulting from any racing event. The insurance policy or bond shall not be designed to provide coverage for bodily injuries or death of drivers of motor vehicles which are engaged in any race, any pit area personnel, or any person who is involved in the conduct of a race. The policy or bond shall be written by a company

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which is licensed to do business in this state or which is considered to be acceptable by the Safety Fire Commissioner. 43-25-5. No insurance policy or bond may be canceled for any reason unless and until the Safety Fire Commissioner has received notice by certified or registered letter, return receipt requested, that the policy or bond is going to be canceled effective on a date at least 14 days from the date such notice is received by the Safety Fire Commissioner. 43-25-6. All licenses granted by the Safety Fire Commissioner pursuant to this chapter shall expire December 31 of each year. 43-25-7. The Safety Fire Commissioner is authorized to suspend or revoke the license of any person who operates or conducts motor vehicle races or exhibitions without complying with this chapter. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1993. SCHOOL BUSES TIRE TREADS. Code Section 40-8-74 Amended. No. 428 (House Bill No. 214). AN ACT To amend Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment of motor vehicles, so as to change certain tire tread requirements for school buses; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1. Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment of motor vehicles, is amended by striking subsection (e) of Code Section 40-8-74, relating to tires, in its entirety and inserting in lieu thereof the following: (e) All tires: (1) Shall have not less than 2/32 inch tread measurable in all major grooves with the exception of school buses which shall have not less than 4/32 inch tread measurable in all major grooves on the front tires and not less than 2/32 inch tread measurable in all major grooves on the rear tires when there are at least four tires on the rear otherwise the tread on the rear tires shall be not less than 4/32 inch; (2) Shall be free from any cuts, breaks, or snags on tread and sidewall deep enough to expose body cord; and (3) Shall be free from bumps, bulges, or separations. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1993. GEORGIA PUBLIC REVENUE CODE INTERNAL REVENUE CODE; DEFINITIONS REVISED. Code Section 48-1-2 Amended. No. 429 (House Bill No. 218). AN ACT To amend Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions of the Georgia

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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, 1993. 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, 1993, the term means the Internal Revenue Code or the Internal Revenue Code of 1954 as it existed on the prior date. Unless otherwise provided in this title, any term used in this title shall have the same meaning as when used in a comparable provision or context in the Internal Revenue Code of 1986. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to taxable years beginning on or after January 1, 1993. Provisions of the Internal Revenue Code of 1986 which were as of January 1, 1993, 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.

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Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1993. CONSERVATION AND NATURAL RESOURCES SLUDGE LAND APPLICATION SITES; FEES; APPROVAL BY ENVIRONMENTAL PROTECTION DIVISION. Code Section 12-5-30.3 Enacted. No. 430 (House Bill No. 228). 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, so as to provide definitions; to provide that a county in which a sludge land application site is located may assess certain fees; to provide for the approval of sludge land application systems by the director of the Environmental Protection Division of the Department of Natural Resources; to provide for issuance of regulations governing sludge land application; to provide for penalties for violations; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to control of water pollution, is amended by adding a new Code Section 12-5-30.3 to read as follows: 12-5-30.3. (a) As used in this Code section, the term:

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(1) `Sludge' means the solid or semisolid residue generated at a waste-water treatment or pretreatment plant. Such term specifically excludes treated effluent, septage, and sludge treated to further reduce pathogens by such processes as composting, heat drying, or heat treating. (2) `Sludge land application' means the placement of sludge on or under the ground surface for the purpose of sludge disposal, soil conditioning, or agricultural enhancement. Such term specifically excludes the disposal of sludge in a permitted landfill. (b) No person shall operate a sludge land application system without first securing the approval of the director. The director may include this approval and approval requirements in a permit issued under Code Section 12-5-30. (c) The Board of Natural Resources shall adopt technical regulations governing sludge land application and procedural regulations for approval of sludge land application systems, including public notice and public hearing requirements. (d) The local governing authority in which a sludge land application site is located may assess the generator of the sludge and the owner of the sludge land application site reasonable fees for environmental monitoring of the site and may hire persons to monitor the site. Payment of the assessed fee shall be made prior to the application of sludge. Failure to pay such fees, if assessed, shall be grounds for the local governing authority to seek an injunction to stop the land application of sludge. The provisions of this subsection shall not apply to the land application of sludge which is generated by the treatment of industrial process waste water only. (e) Any person who violates this Code section, regulations adopted by the Board of Natural Resources pursuant to this Code section, or any permit or approval requirements of the director issued pursuant to this Code section shall be

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subject to the civil penalties and the criminal penalties contained in Code Sections 12-5-52 and 12-5-53. Section 2. This Act shall become effective upon its approval by the Governor 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, 1993. TEACHERS RETIREMENT SYSTEM OF GEORGIA PAYMENT OF TAXABLE PORTION OF REFUNDED ACCUMULATED CONTRIBUTIONS TO RETIREMENT PLAN. Code Section 47-3-128 Amended. No. 431 (House Bill No. 239). AN ACT To amend Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to retirement allowances, disability allowances, and related matters under the Teachers Retirement System of Georgia, so as to authorize the board of trustees of such retirement system to pay the taxable portion of any refunded accumulated contributions to an eligible retirement plan; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to retirement allowances, disability allowances, and related matters under the Teachers Retirement System of Georgia, is amended by striking

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in its entirety Code Section 47-3-128, relating to the payment of accumulated contributions upon request after termination of membership, and inserting in lieu thereof the following: 47-3-128. If a person's membership ceases other than by death or retirement from this retirement system, the amount of his or her accumulated contributions to this retirement system shall be payable to the member upon such person's request after the date the person has terminated employment with a school system, institution of higher learning, or agency covered by this retirement system. The board of trustees may allow a person requesting such payment of accumulated contributions to elect to have the taxable portion of such payment made directly to an eligible retirement plan as defined in the federal Internal Revenue Code. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1993. CONDITIONED AIR CONTRACTORS CONDITIONED AIR CONTRACTING DEFINED TO INCLUDE CERTAIN SERVICE TO AND INSTALLATION OF ELECTRICAL CONNECTION AND CIRCUIT. Code Section 43-14-2 Amended. No. 432 (House Bill No. 258). AN ACT To amend Code Section 43-14-2 of the Official Code of Georgia Annotated, relating to definitions applicable to the regulation of electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to change the definition of the term conditioned air contracting;

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to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 43-14-2 of the Official Code of Georgia Annotated, relating to definitions applicable to the regulation of electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, is amended by striking paragraph (3) in its entirety and inserting in lieu thereof a new paragraph (3) to read as follows: (3) `Conditioned air contracting' means the installation, repair, or service of conditioned air systems or conditioned air equipment. Service to or installation of the electrical connection between the electrical disconnect and conditioned air equipment is considered to be installation, repair, or service of conditioned air equipment or the conditioned air system. Service to or installation of the electrical circuit from the electrical distribution panel to the conditioned air equipment where the electrical service to the building or site is a single-phase electrical circuit not exceeding 200 amperes is considered to be installation, repair, or service of conditioned air equipment or the conditioned air system. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1993.

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CRIMES AND OFFENSES ELECTRONICALLY FURNISHING OBSCENE MATERIAL TO MINORS; DEFINITION. Code Section 16-12-100.1 Enacted. No. 433 (House Bill No. 138). AN ACT To amend Part 2 of Article 3 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses related to minors generally, so as to define the crime of electronically furnishing obscene material to minors; to define certain terms; to provide a penalty; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Part 2 of Article 3 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses related to minors generally, is amended by adding following Code Section 16-12-100 a new Code Section 16-12-100.1 to read as follows: 16-12-100.1. (a) As used in this Code section, the term: (1) `Bulletin board systems' means a computer data and file service that is accessed by telephone line to store and transmit information. (2) `CD-ROM' means a compact disc with read only memory which has the capacity to store audio, video, and written materials and is used by computers to reveal the above-said material. (3) `Electronically furnishes' means:

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(A) To make available by electronic storage device, including floppy disks and other magnetic storage devices, or by CD-ROM; or (B) To make available by allowing access to information stored in a computer, including making material available by operating a computer bulletin board. (4) `Harmful to minors' means that quality of description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, when it: (A) Taken as a whole, predominantly appeals to the prurient, shameful, or morbid interest of minors; (B) Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and (C) Is, when taken as a whole, lacking in serious literary, artistic, political, or scientific value for minors. (5) `Minor' means an unmarried person younger than 18 years of age. (6) `Sadomasochistic abuse' means flagellation or torture by or upon a person who is nude or clad in undergarments or in revealing or bizarre costume or the condition of being fettered, bound, or otherwise physically restrained on the part of one so clothed. (7) `Sexual conduct' means human masturbation, sexual intercourse, or any touching of the genitals, public areas, or buttocks of the human male or female or the breasts of the female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification.

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(8) `Sexual excitement' means the condition of human male or female genitals or the breasts of the female when in a state of sexual stimulation. (b) A person commits the crime of electronically furnishing obscene materials to minors if: (1) Knowing or having good reason to know the character of the material furnished, the person electronically furnishes to an individual whom the person knows or should have known is a minor: (A) Any picture, photograph, drawing, or similar visual representation or image of a person or portion of a human body which depicts sexually explicit nudity, sexual conduct, or sadomasochistic abuse and which is harmful to minors; or (B) Any written or aural matter that contains material of the nature described in subparagraph (A) of this paragraph or contains explicit verbal descriptions or narrative accounts of sexual conduct, sexual excitement, or sadomasochistic abuse; (2) The offensive portions of the material electronically furnished to the minor are not merely an incidental part of an otherwise nonoffending whole; (3) The material furnished to the minor, taken as a whole, lacks serious literary, artistic, political, or scientific value; and (4) The material furnished to the minor, taken as a whole, is harmful to minors in that it appeals to and incites prurient interest. (c) Any person who violates this Code section shall be guilty of a misdemeanor of a high and aggravated nature.

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Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1993. GEORGIA HOUSING AND FINANCE AUTHORITY HEALTH FACILITIES AND HEALTH CARE SERVICES; FINDINGS; DEFINITIONS; POWERS; CONFIDENTIALITY; BOND ISSUANCE; OBLIGATIONS NOT SUBJECT TO SECURITIES ACT; ECONOMIC DEVELOPMENT FOR ENTERPRISES; COMPETITIVE BIDDING, CONTRACTING, AND PROPERTY DISPOSITION; ASSETS AND OBLIGATIONS OF HOSPITAL FINANCING AUTHORITY; REPEAL OF HOSPITAL FINANCING AUTHORITY. Code Title 50, Chapter 26 Amended. Code Title 31, Chapter 7, Article 10 Repealed. No. 434 (House Bill No. 142). AN ACT To amend Chapter 26 of Title 50 of the Official Code of Georgia Annotated, the Georgia Housing and Finance Authority Act, so as to change the provisions relating to legislative findings and intent; to change the provisions relating to definitions; to change the provisions relating to powers of the authority; to change the purpose for which bonds may be issued; to provide for the powers of the authority regarding health care facilities and health care services; to change certain provisions relating to competitive bidding and other restrictions; to provide for the authority's responsibility with regard to obligations of the Hospital Finance Authority and its assets; to change certain provisions relating to obligations not subject to the Securities Act of 1973; to change the provisions relating to facilitating economic development for enterprises; to provide for construction; to provide for related matters; to amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation

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and construction of hospitals and other health care facilities, so as to repeal the Hospital Financing Authority Act; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 26 of Title 50 of the Official Code of Georgia Annotated, the Georgia Housing and Finance Authority Act, is amended by striking in its entirety Code Section 50-26-2, relating to legislative findings, and inserting in its place a new Code Section 50-26-2 to read as follows: 50-26-2. (a) The General Assembly finds that: (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; (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; and (3) There exists an inadequate supply of, and a pressing need for, financing and financial assistance for health equipment and facilities and for health care services at lower than prevailing costs and a need to make this financing available to the largest number of hospitals feasible, including, but not limited to, those hospitals which serve disproportionately high numbers of indigent patients. (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

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enterprise; housing and health care; 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, for housing finance, and for health facilities; 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, housing and housing finance, and financing for health facilities and health care services 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 or financing for health facilities and health care services in this state on terms competitive with those available to businesses engaged in enterprises or available to those involved in housing or housing finance or the financing of health facilities 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 or the financing of health facilities and health care services.

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Section 2. Said chapter is further amended by striking in its entirety paragraph (2) of Code Section 50-26-4, relating to definitions, and inserting in its place a new paragraph (2) to read as follows: (2) `Bonds' or `revenue bonds' means any bonds, revenue bonds, notes, interim certificates, bond or revenue anticipation notes, or other evidences of indebtedness of the authority issued under this chapter, including, without limitation, obligations issued to refund any of the foregoing, notwithstanding that such bonds may be secured by a mortgage or the full faith and credit of a participating provider, health care facility, business, enterprise, or any local government. Section 3. Said chapter is further amended by striking in its entirety subparagraph (C) of paragraph (4) of Code Section 50-26-4, relating to definitions, and inserting in its place a new subparagraph (C) to read as follows: (C) All financing charges, including, but not limited to, premiums and prepayment penalties; interest accrued or to accrue prior to and up to three years after the acquisition, installation, financing, or commencement of a project and any other cost related to a project up to three years after such acquisition, installation, financing, refinancing, or commencement; any loan or loan guarantee fees; and any fees paid to or which accrue to the authority regardless of the timing of such fees, prior to, during the operation of, or after the acquisition, installation, financing, refinancing, or commencement of a project;. Section 4. Said chapter is further amended by striking in their entirety subparagraphs (I) and (J) of paragraph (4) of Code Section 50-26-4, relating to definitions, and inserting in lieu thereof the following: (I) The cost of the establishment of any reserves, including, but not limited to, any sinking fund and debt service reserves;

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(J) All costs of servicing any loans made or acquired; (K) The cost of the authority incurred in connection with providing a project, including reasonable sums to reimburse the authority for time spent by its agents or employees in providing and financing a project; and (L) The cost paid or incurred for the administration of any program for the purchase or lease of or the making of loans for a project by the authority and any program for the sale or lease of or making of loans for a project to any participating provider, business, enterprise, local government, or any other person. Section 5. Said chapter is further amended by striking in its entirety paragraph (5) of Code Section 50-26-4, relating to definitions, and inserting in its place a new paragraph (5) to read as follows: (5) `Enterprise' means a business engaged in manufacturing, producing, processing, assembling, repairing, extracting, warehousing, handling, or distributing any agricultural, manufactured, mining, or industrial product or any combination of the foregoing; a business engaged in furnishing or facilitating communications, computer services, research, or transportation; a business engaged in construction; 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. Section 6. Said chapter is further amended by inserting immediately following paragraph (6) of Code Section 50-26-4, relating to definitions, new paragraphs (6.1) and (6.2) to read as follows:

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(6.1) `Health care services' means any medical, health care, or health care related services provided by a health care provider licensed as a hospital by the Department of Human Resources under Article 1 of Chapter 7 of Title 31, including, without limitation, health care services for indigent patients whether or not such services are supported directly or indirectly, and in whole or in part, through any payment or reimbursement program of any federal, state, or local governmental entity, agency, instrumentality, or authority. (6.2) `Health facility' means any nonprofit health care facility which is licensed as a hospital by the Department of Human Resources under Article 1 of Chapter 7 of Title 31, owned or operated by a participating provider, and utilized, directly or indirectly, in health care, medical research, or the training or teaching of health care personnel. Section 7. Said chapter is further amended by striking in its entirety paragraph (7) of Code Section 50-26-4, relating to definitions, and inserting in its place a new paragraph (7) to read as follows: (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, students, the aged, the infirm, the 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)

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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. Section 8. Said chapter is further amended by striking in their entirety paragraphs (11) and (12) of Code Section 50-26-4, relating to definitions, and inserting in their places new paragraphs (11), (12), and (13) to read as follows: (11) `Participating provider' means a nonprofit person, corporation, municipal corporation, public corporation, or political subdivision or other nonprofit entity, public or private, which: (A) Is a hospital authority or is affiliated with a hospital authority organized and existing under the provisions of Article 4 of Chapter 7 of Title 31; or (B) Owns or operates, directly or indirectly, or is affiliated with, at least one nonprofit health facility which is licensed as a hospital by the Department of Human Resources under Article 1 of Chapter 7 of Title 31 and which contracts under this chapter with the authority for the financing, refinancing, lease, or other acquisition of a project. (12) `Project' includes: (A) Housing and facilities used in connection therewith;

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(B) Housing finance; (C) The acquisition, construction, or equipping of a health facility; (D) Any one or more buildings or structures to be used in the production, manufacturing, processing, assembling, storing, or handling of any agricultural, manufactured, mining, or industrial product or any combination of the foregoing, in every case with all necessary or useful furnishings, machinery, equipment, parking facilities, landscaping, and facilities for outdoor storage, all as determined by the authority, which determination shall be final and not subject to review; and there may be included as part of any such project all improvements necessary to the full utilization thereof, including site preparation, roads and streets, sidewalks, water supply, outdoor lighting, belt line railroad sidings and lead tracks, bridges, causeways, terminals for railroad, automotive, and air transportation, transportation facilities incidental to the project, and the dredging and improving of harbors and waterways, none of which foregoing descriptive words shall be construed to constitute a limitation, provided that none of the improvements described in this sentence shall be the primary purpose of any project; (E) The acquisition, construction, leasing, or equipping of new industrial facilities or the improvement, modification, acquisition, expansion, modernization, leasing, equipping, or remodeling of existing industrial facilities; (F) The acquisition, construction, improvement, or modification of any property, real or personal, used as air or water pollution control facilities which the authority has determined is necessary for the operation of the industry or industries which the same is to serve and which is necessary for the public welfare, provided that, for the purposes of this subparagraph, the term `air pollution control facility' means any property used, in whole or in substantial part, to abate or control atmospheric

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pollution or contamination by removing, altering, disposing of, or storing atmospheric pollutants or contaminants, if such facility is in furtherance of applicable federal, state, or local standards for abatement or control of atmospheric pollutants or contaminants; and provided, further, that, for the purpose of this subparagraph, the term `water pollution control facility' means any property used, in whole or in substantial part, to abate or control water pollution or contamination by removing, altering, disposing, or storing pollutants, contaminants, wastes, or heat, including the necessary intercepting sewers, outfall sewers, pumping, power, and other equipment, holding ponds, lagoons, and appurtenances thereto, if such facility is in the furtherance of applicable federal, state, or local standards for the abatement or control of water pollution or contamination; (G) The acquisition, construction, improvement, or modification of any property, real or personal, used as or in connection with a sewage disposal facility or a solid waste disposal facility which the authority has determined is necessary for the operation of the industries which the same is to serve and which is necessary for the public welfare, provided that, for the purposes of this subparagraph, the term `sewage disposal facility' means any property used for the collection, storage, treatment, utilization, processing, or final disposal of sewage; for the purposes of this subparagraph, the term `solid waste disposal facility' means any property used for the collection, storage, treatment, utilization, processing, or final disposal of solid waste; for the purposes of this subparagraph, the term `solid waste' means garbage, refuse, or other discarded solid materials, including solid waste materials resulting from industrial and agricultural operations and from community activities but does not include solids or dissolved materials in domestic sewage or other significant pollutants in water resources, such as salt, dissolved or suspended solids in industrial waste-water effluents, and dissolved materials in irrigation return flows; and for the purposes of this subparagraph, the word `garbage' includes putrescible wastes, including animal and vegetable matters, animal offal and carcasses, and recognizable industrial

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by-products but excludes sewage and human wastes; and the word `refuse' includes all nonputrescible wastes; (H) The acquisition, construction, leasing, or financing of: (i) An office building facility and related real and personal property for use by the authority or by any business or charitable corporation, association, or similar entity which will further the development of trade, commerce, industry, or employment opportunities in this state and which shall be adjacent to or used in conjunction with any other existing or proposed project defined in this paragraph, which existing or proposed project is used or intended to be used by the authority or by such business or charitable corporation, association, or similar entity; (ii) A separate office building facility and related real and personal property for use by the authority or by any business or charitable corporation, association, or similar entity which will further the development of trade, commerce, industry, or employment opportunities in this state; or (iii) Any real or personal property to be used by a charitable corporation, association, or similar entity which will further the development of trade, commerce, industry, or employment opportunities in this state; (I) The acquisition, construction, equipping, improvement, modification, or expansion of any property, real or personal, for use by an enterprise; (J) The acquisition, construction, installation, modification, renovation, or rehabilitation of land, interest in land, buildings, structures, facilities, or other improvements and the acquisition, installation, modification, renovation, rehabilitation, or furnishing of fixtures, machinery, equipment, furniture, or other property of

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any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement, all for the essential public purpose of the development of trade, commerce, industry, and employment opportunities. A project may be for any industrial, commercial, business, office, parking, public, or other use, provided that a majority of the members of the authority determines, by a duly adopted resolution, that the project and such uses thereof would further the public purpose of this chapter; (K) The acquisition, construction, improvement, modification, or expansion of a planned community development; and (L) The financing for the provision of health care services. (13) `State' means the State of Georgia. Section 9. Said chapter is further amended by striking paragraph (11) of subsection (a) of Code Section 50-26-8, relating to powers of the authority, and inserting in its place a new paragraph (11) to read as follows: (11) To sell loans, mortgages, security interests, and other obligations of the authority at public or private sale; to negotiate modifications or alterations in loans, mortgages, security interests, and other obligations of the authority; 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 loan, mortgage, security interest, or other obligation of the authority 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;.

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Section 10. Said chapter is further amended by striking paragraph (11) of subsection (a) of Code Section 50-26-8, relating to powers of the authority, and inserting in its place a new paragraph (11) to read as follows: (11) To sell loans, mortgages, security interests, and other obligations of the authority at public or private sale; to negotiate modifications or alterations in loans, mortgages, security interests, and other obligations of the authority; 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 loan, mortgage, security interest, or other obligation of the authority 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;. Section 11. Said chapter is further amended by striking paragraph (13) of subsection (a) of Code Section 50-26-8, relating to powers of the authority, and inserting in its place a new paragraph (13) to read as follows: (13) To procure or to make and execute contracts, agreements, and other instruments, including interest rate swap or currency swap agreements, letters, of credit, or other credit facilities or agreements, letters of credit, or other credit facilities or agreements, and to take such other actions and do such other things as the authority may deem appropriate to secure the payment of any loan, lease, or purchase payment owed to the authority or any bonds or other obligations issued by the authority or any bonds or other obligations issued by the authority, including the power to pay the cost of obtaining any such contracts, agreements, and other instruments;. Section 12. Said chapter is further amended by striking paragraphs (30) and (31) of subsection (a) of Code Section 50-26-8, relating to the powers of the authority, and inserting in

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lieu thereof new paragraphs (30), (31), (32), (33), (34), (35), and (36) to read as follows: (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; (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; (32) To allocate and issue low-income housing credits under Section 42 of the Internal Revenue Code of 1986, as amended, 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 low-income 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 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; (33) To allocate and issue any federal or state tax credits for which the authority is designated as the state allocating agency;

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(34) To make and execute contracts and all other instruments necessary or convenient for the performance of its duties and the exercise of its powers and functions under this chapter; (35) To cooperate with and exchange services, personnel, and information with any federal, state, or local governmental agency; and (36) To finance or facilitate in any manner the provision of health care services in the state, directly or indirectly and through one or more intermediaries, including, without limitation, the state; any institution, department, agency, fund, or authority of the state or created under state law; any political subdivision of the state; or any other public or private business, enterprise, agency, corporation, or authority, or any other entity; provided, however, that the authority shall not be authorized to directly provide health care services to patients. Section 13. Said chapter is further amended by adding at the end of Code Section 50-26-8, relating to powers of the authority, a new subsection (e) to read as follows: (e) No personal financial information submitted to the authority in connection with any of its programs shall be subject to public disclosure. Section 14. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 50-26-9, relating to authority to issue bonds, and inserting in its place a new subsection (a) to read as follows: (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 for projects, including, without limitation, health care services, either directly or indirectly through a financial institution; a lender; the state; any institution, department, agency, fund, or authority of the state or created under any state law; any political subdivision of the state; or any other

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public agency, public or private business, enterprise, agency, corporation, authority, or any other entity. Section 15. Said chapter is further amended by striking in its entirety subsection (d) of Code Section 50-26-10, relating to obligations not subject to Securities Act of 1973, and inserting in its place a new subsection (d) to read as follows: (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, 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. Section 16. Said chapter is further amended by striking in its entirety subsection (i) of Code Section 50-26-10, relating to obligations not subject to Securities Act of 1973, and inserting in its place a new subsection (i) to read as follows: (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 $1.3 billion, 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 enterprises contained in a health facility and other than housing, exceeding $140 million and shall not issue any such bonds or notes after June 30, 1995; provided,

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however, that such limitations shall not apply with respect to bonds and notes issued to refund outstanding bonds and notes. (3) The authority shall not have outstanding at any one time bonds and notes for the financing of health care services exceeding $30 million; provided, however, that such limitations shall not apply with respect to bonds and notes issued to refinance outstanding bonds and notes. (4) 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. Section 17. Said chapter is further amended by striking in its entirety Code Section 50-26-18, relating to facilitating economic development for enterprises, and inserting in lieu thereof a new Code Section 50-26-18 to read as follows: 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; to establish revolving or other funds from which short-term or longterm loans can be made to such businesses; to guarantee the payment of loans or other obligations of such enterprises; and to do all things deemed by the authority to be necessary, convenient, and desirable for and incident to the efficient and proper development and operation of such types of undertakings.

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Section 18. Said chapter is further amended by adding at the end thereof new Code Sections 50-26-19 through 50-26-21 to read as follows: 50-26-19. (a) The authority may initiate a program of financing the acquisition, construction, and equipping of health care facilities in the state. In furtherance of this objective, the authority may also: (1) Establish eligibility standards for participating providers, provided that such standards shall encourage maximum feasible participation for participating providers serving disproportionately high numbers of indigent patients; (2) Contract with any entity securing the payment of bonds to authorize the entity to approve the participating providers that can finance or refinance a project with proceeds from the bond issue secured by that entity; (3) Lease to a participating provider specific projects upon terms and conditions that the authority considers proper, charge and collect rents therefor, terminate any such lease upon the failure of the lessee to comply with any of its obligations under the lease or otherwise as the lease provides, and include in any such lease provisions that the lessee has the option to renew the term of the lease for such periods and at such rents as may be determined by the authority or to purchase any or all of the projects to which the lease applies; (4) Loan to a participating provider under any installment purchase contract or loan agreement money to finance, reimburse, or refinance the cost of specific projects and take back a secured or unsecured promissory note evidencing such a loan and security interest in the project financed or refinanced with such loan upon such terms and conditions as the authority considers proper; (5) Sell or otherwise dispose of any unneeded or obsolete projects under terms and conditions as determined by the authority;

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(6) Maintain, repair, replace, and otherwise improve or cause to be maintained, repaired, replaced, and otherwise improved a project owned by the authority; (7) Obtain or aid in obtaining property insurance on all projects owned or financed by the authority or accept payment if a project is damaged or destroyed; and (8) Enter into any agreement, contract, or other instrument with respect to any insurance, guarantee, letter of credit, or other form of credit enhancement, accepting payment in such manner and form as provided therein if a participating provider defaults and assign any such insurance, guarantee, letter of credit, or other form of credit enhancement as security for bonds issued by the authority. (b) Before exercising any of the powers conferred by subsection (a) of this Code section, the authority may: (1) Require that the lease, installment purchase contract, or loan agreement involved be insured by a loan insurer, guaranteed by a loan guarantor, or secured by a letter of credit or other form of credit enhancement; and (2) Require any other type of security from the participating providers that it considers reasonable and necessary. (c) The authority may not finance a project for any participating provider unless the Health Planning Agency, or any successor thereof, has issued a certificate of need or comparable certification of approval to the participating provider for the project to be financed by the authority if the acquisition of such project by the participating provider would require a certificate of need or comparable certification of approval under Chapter 6 of Title 31. 50-26-20. A project financed under this chapter is not subject to any statutory requirement of competitive bidding or other restriction imposed on the procedure for award of contracts or the lease, sale, or other disposition of property

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with regard to any action taken under authority of this chapter. 50-26-21. The authority shall receive all assets of and the authority shall be responsible for any contracts, leases, agreements, or other obligations of the Hospital Financing Authority created by Article 10 of Chapter 7 of Title 31. 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. Section 19. Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation and construction of hospitals and other health care facilities, is amended by striking in its entirety Article 10, the Hospital Financing Authority Act, and inserting in lieu thereof the following: ARTICLE 10 RESERVED. Section 20. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 21. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1993.

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FOSTER CARE HOMES RECORDS CHECK FOR FOSTER PARENTS AND OTHER ADULTS; DEFINITIONS; VIOLATIONS; PENALTIES; MISDEMEANOR; IMMUNITY. Code Sections 49-5-60 and 49-5-71 Amended. Code Section 49-5-69.1 Enacted. No. 435 (House Bill No. 168). AN ACT To amend Article 3 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to employees' records checks for Day Care Centers, so as to add definitions; to provide for records checks of foster parents used by licensed child-placing agencies; to provide for penalties; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 3 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to employees' records checks for Day Care Centers, is amended by striking in its entirety Code Section 49-5-60, relating to definitions, and inserting in lieu thereof a new Code section to read as follows: 49-5-60. As used in this article, the term: (1) `Center' means a day-care center, group day-care home, family day-care home, or child-caring institution which is required to be licensed or registered under Article 1 of this chapter. (2) `Conviction' means a finding or verdict of guilty or a plea of guilty regardless of whether an appeal of the conviction has been sought. (3) `Crime' means any felony; a violation of Code Section 16-5-23, relating to simple battery, when the victim is a minor; a violation of Code Section 16-12-1, relating

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to contributing to the delinquency of a minor; a violation of Chapter 6 of Title 16, relating to sexual offenses, excluding the offenses of bigamy or marrying a bigamist; a violation of Code Section 16-4-1, relating to criminal attempt when the crime attempted is any of the crimes specified by this paragraph; or any other offenses committed in another jurisdiction which, if committed in this state, would be one of the enumerated crimes listed in this paragraph. (4) `Criminal record' means: (A) Conviction of a crime; (B) Arrest, charge, and sentencing for a crime where: (i) A plea of nolo contendere was entered to the charge; (ii) First offender treatment without adjudication of guilt pursuant to the charge was granted; provided, however, that this division shall not apply to a violation of Chapter 13 of Title 16, relating to controlled substances, or any other offense committed in another jurisdiction which, if it were committed in this state, would be a violation of Chapter 13 of Title 16 if such violation or offense constituted only simple possession; or (iii) Adjudication or sentence was otherwise withheld or not entered on the charge; provided, however, that this division shall not apply to a violation of Chapter 13 of Title 16, relating to controlled substances, or any other offense committed in another jurisdiction which, if it were committed in this state, would be a violation of Chapter 13 of Title 16 if such violation or offense constituted only simple possession; or

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(C) Arrest and being charged for a crime if the charge is pending, unless the time for prosecuting such crime has expired pursuant to Chapter 3 of Title 17. (5) `Director' means the chief administrative or executive officer of a facility. (6) `Employee' means any person, other than a director, employed by a center to perform at any of the center's facilities any duties which involve personal contact between that person and any child being cared for at the facility and also includes any adult person who resides at the facility or who, with or without compensation, performs duties for the center which involve personal contact between that person and any child being cared for by the center. (7) `Employment history' means a record of where a person has worked for the past ten years. (8) `Facility' means a center's real property at which children are received for care. (9) `Fingerprint records check determination' means a satisfactory or unsatisfactory determination by the department based upon a records check comparison of GCIC information with fingerprints and other information in a records check application. (10) `Foster care home' means a private home used by a child-placing agency which has been approved by the child-placing agency to provide 24 hour care, lodging, supervision, and maintenance for no more than six children who are unrelated to the foster parent or parents. (11) `Foster parent or parents' means the person or persons who provide care, lodging, supervision, and maintenance in a foster care home used by a child-placing agency.

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(12) `GCIC' means the Georgia Crime Information Center established under Article 2 of Chapter 3 of Title 35. (13) `GCIC information' means criminal history record information as defined in Code Section 35-3-30. (14) `License' means the document issued by the department to authorize the center to which it is issued to operate a facility under this chapter. (15) `Preliminary records check application' means an application for a preliminary records check determination on forms provided by the department. (16) `Preliminary records check determination' means a satisfactory or unsatisfactory determination by the department based only upon a comparison of GCIC information with other than fingerprint information regarding the person upon whom the records check is being performed. (17) `Records check application' means two sets of classifiable fingerprints, a records search fee to be established by the department by rule and regulation, payable in such form as the department may direct to cover the cost of a fingerprint records check under this article, and an affidavit by the applicant disclosing the nature and date of any arrest, charge, or conviction of the applicant for the violation of any law, except for motor vehicle parking violations, whether or not the violation occurred in this state, and such additional information as the department may require. (18) `Satisfactory determination' means a written determination that a person for whom a records check was performed was found to have no criminal record. (19) `Unsatisfactory determination' means a written determination that a person for whom a records check was performed has a criminal record.

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Section 2. Said article is further amended by adding after Code Section 49-5-69 a new Code section to read as follows: 49-5-69.1. (a) No licensed child-placing agency, as defined in this chapter, shall place a child in a foster care home unless the foster parent or parents of the home and other adult persons that reside in the home or provide care to children placed in the home have received a satisfactory fingerprint records check determination or a satisfactory preliminary records check determination. A child-placing agency or any applicant for a license for such an agency shall be required to submit to the department a records check application for the foster parent or parents of any foster care home used by the agency and a preliminary records check application for any other adult persons that reside in the home or provide care to children placed in the home. In lieu of such applications, the agency or license applicant may submit evidence, satisfactory to the department, that within the immediately preceding 12 months such foster parent or parents or other adult persons have received a satisfactory fingerprint records check determination or a satisfactory preliminary records check determination. (b) After receiving or obtaining the fingerprint records check determinations or the preliminary records check determinations, the department shall notify in writing the agency or license applicant as to each person for whom an application was received regarding whether the department's determinations were satisfactory or unsatisfactory. If any such determinations are unsatisfactory, such homes shall not be used by the child-placing agency as foster care homes. (c) The department shall have the authority to take any of the actions enumerated in subsection (c) of Code Section 31-2-6 if a licensed child-placing agency or an applicant for such a license violates any provision of this Code section. (d) An executive director of a child-placing agency that uses a foster care home with a foster parent or parents or other adult persons referenced in this Code section whom the executive director knows or should reasonably know to have a criminal record shall be guilty of a misdemeanor.

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Section 3. Said article is further amended by striking in its entirety Code Section 49-5-71, relating to immunity from liability, and inserting in lieu thereof a new Code Section 49-5-71 to read as follows: 49-5-71. (a) Neither GCIC, the department, any law enforcement agency, nor the employees of any such entities shall be responsible for the accuracy of information nor have any liability for defamation, invasion of privacy, negligence, or any other claim in connection with any dissemination of information or determination based thereon pursuant to this article. (b) A center or a child-placing agency, its director and its employees shall have no liability for defamation, invasion of privacy, or any other claim based upon good faith action thereby pursuant to the requirements of this article. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1993. LAW ENFORCEMENT OFFICERS AND AGENCIES STOLEN MOTOR VEHICLES; NOTICE TO OWNER UPON RECOVERY. Code Section 35-1-4 Amended. No. 436 (House Bill No. 172). AN ACT To amend Code Section 35-1-4 of the Official Code of Georgia Annotated, relating to requirements for reporting stolen motor vehicles and notice to the owner upon recovery, so as to define certain terms; to provide that the law enforcement agency reporting the stolen vehicle shall notify the owner upon its recovery; to provide that the agency recovering the vehicle shall

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report recovery to the agency originally reporting such vehicle stolen; 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 motor vehicles and notice to the owner upon recovery, is amended by striking said Code section in its entirety and inserting in lieu thereof the following: 35-1-4. (a) As used in this Code section, the term: (1) `Recovering agency' means the law enforcement agency which recovers a motor vehicle which has previously been reported stolen. (2) `Reporting agency' means the law enforcement agency which receives a report that motor vehicle has been stolen or lost and which reports such theft or loss to the Georgia Crime Information Center. (b) 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 plate. 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 reporting law enforcement agency, the agency to which

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the vehicle was first reported stolen, to notify the owner or the successor in interest to the owner within 72 hours when a previously reported stolen motor vehicle has been recovered, or within 72 hours after the reporting agency has received notification of recovery if recovery is by another agency. 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. In the event the reporting agency is different from the recovering agency, the recovering agency shall contact the reporting agency and provide all information required by the guidelines established by the Georgia Crime Information Center and any other relevant information. In all cases, it shall remain the responsibility of the reporting agency to notify the owner or the successor in interest to the owner. 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 reporting 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. (c) The board is authorized and directed to promulgate rules and regulations pertaining to the submissions of the reports provided for in subsection (b) of this Code section. Such rules and regulations shall include time limits for the submission of the reports and the forms upon which the reports shall be submitted. (d) The intentional failure of any law enforcement officer to submit reports as prescribed in subsection (b) of this Code section or the failure to do so through wanton neglect shall constitute cause for removal from office, if the officer is elected, or shall be grounds for dismissal if the officer is a nonelected employee. (e) The provisions of this Code section shall not be construed to affect the responsibilities of the Georgia Crime Information

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Center as provided by paragraph (14) of Code Section 35-3-33. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1993. DEPARTMENT OF LABOR APPROPRIATIONS; SUPPLEMENTAL FOR S.F.Y. 1992-1993. No. 437 (House Bill No. 349). 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 34-8-85 of the Official Code of Georgia Annotated, relating to certain withdrawals from the unemployment Trust Fund, of additional funds which are otherwise available to the Department of labor out of funds credited to and held in this state's account in the Unemployment Trust Fund by the Secretary of the Treasury of the United States pursuant to Section 903 of the Social Security Act, as amended, for the purpose of providing for the payment of expenses of administration of Chapter 8 of Title 34 of the Official Code of Georgia Annotated, the Employment Security Law, as 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

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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 $704,046.00. Of said additional amount, the sum of $704,046.00 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 laws, as well as for the purchase or rental, either or both, of improvements, repairs, or alterations to and of offices, lands, buildings or parts of buildings, fixtures, furnishings, equipment, supplies, and the construction of buildings or parts of buildings suitable for use in this state by the Department of labor, and for the payment of expenses incurred for the acquisition, purchase, rental, construction, maintenance, improvements, repairs, or alterations of and to such real or personal property. Notwithstanding any other provisions of this section, the amount appropriated in this Act shall not exceed the amount in the Unemployment Trust Fund which may be obligated for expenditure for such purposes as provided in Code Section 34-8-85 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 34-8-85 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

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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 34-8-85 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 laws, as well as for the procurement, through purchase or rental, either or both, of offices, lands, buildings or parts of buildings, fixtures, furnishings, equipment, supplies, and the construction of buildings or parts of buildings suitable for use by the Department of Labor, for the payment of expenses incurred for the construction, maintenance, improvements, or repair of or alterations to such real or personal property, to employ workers, contract with persons, public and private agencies, corporations, and other entities, to allocate any unexpended amounts appropriated by this Act, and to do all other things necessary to accomplish the purposes of this Act. The acquisition of any real or personal property and the expenditure of any funds appropriated by this Act shall be in accordance with this state's applicable laws existing on the effective date of this Act. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1993.

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INCOME TAXES WITHHOLDING BY BUYER OF REALTY FROM NONRESIDENT; NONRESIDENT DEFINED; REMITTING TO COMMISSIONER OF REVENUE; PROCEDURES; EXCEPTIONS; PENALTIES; APPLICABILITY; LIENS. Code Section 48-2-56 Amended. Code Section 48-7-128 Enacted. No. 438 (House Bill No. 385). AN ACT To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for withholding tax at the source on the sale or transfer of real property and associated tangible property by certain nonresidents; to provide for definitions; to provide for procedures; to provide for exceptions; to provide for penalties; to provide for powers, duties, and authority of the state revenue commissioner with respect to such withholding; to provide for exceptions; 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. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking paragraph (1) of subsection (f) of Code Section 48-2-56, relating to liens for taxes, and inserting in its place a new paragraph (1) to read as follows: (1) Arise and attach to all property of the defaulting employer or other person required to deduct and withhold on the date of the assessment of the taxes by operation of law or by action of the commissioner;. Section 2. Said title is further amended by adding a new Code section immediately following Code Section 48-7-127, to be designated Code Section 48-7-128, to read as follows:

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48-7-128. (a) As used in this Code section, the term `nonresident of Georgia' shall include individuals, trusts, partnerships, corporations, and unincorporated organizations. Any seller or transferor who meets all of the following conditions and who provides the buyer or transferee with an affidavit signed under oath swearing or affirming that the following conditions are met will be deemed a resident for purposes of this Code section: (1) The seller or transferor has filed Georgia income tax returns or appropriate extensions have been received for the two income tax years immediately preceding the year of sale; (2) The seller or transferor is in business in Georgia and will continue substantially the same business in Georgia after the sale or the seller or transferor has real property remaining in the state at the time of closing of equal or greater value than the withholding tax liability as measured by the 100 percent property tax assessment of such remaining property; (3) The seller or transferor will report the sale on a Georgia income tax return for the current year and file it by its due date; and (4) If the seller or transferor is a corporation or limited partnership, it is registered to do business in Georgia. (b) (1) Except as otherwise provided in this Code section, in the case of any sale or transfer of real property and related tangible personal property located in Georgia by a nonresident of Georgia, the buyer or transferee shall be required to withhold and remit to the commissioner on forms provided by the commissioner a withholding tax equal to 3 percent of the purchase price or consideration paid for the sale or transfer; provided, however, that if the amount required to be withheld pursuant to this subsection exceeds the net proceeds payable to the seller or transferor, the buyer or transferee shall withhold and pay over to the commissioner only the net proceeds otherwise

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payable to the seller or transferor. Any buyer or transferee who fails to withhold such amount shall be personally liable for the amount of such tax. (2) The liability imposed by this subsection shall be paid upon notice and demand by the commissioner or the commissioner's delegate and shall be assessed and collected in the same manner as all other withholding taxes imposed by this article. (c) If the seller or transferor determines that the amount required to be withheld pursuant to paragraph (1) of subsection (b) of this Code section will result in excess withholding on any gain required to be recognized from the sale, the seller or transferor may provide the buyer or transferee with an affidavit signed under oath swearing or affirming to the amount of the gain required to be recognized from the sale, and the buyer or transferee shall withhold 3 percent of the amount of the gain required to be recognized, if any, stated in the affidavit rather than as provided in paragraph (1) of subsection (b) of this Code section. If, however, the amount required to be withheld pursuant to this subsection exceeds the net proceeds payable to the seller or transferor, the buyer or transferee shall withhold and pay over to the commissioner only the net proceeds otherwise payable to the seller or transferor. (d) Subsection (b) of this Code section shall not apply where: (1) The real property being sold or transferred is a principal residence of the seller or transferor within the meaning of Section 1034 of the Internal Revenue Code; (2) The seller or transferor is a mortgagor conveying the mortgaged property to a mortgagee in foreclosure or in a transfer in lieu of foreclosure with no additional consideration; or (3) The transferor or transferee is an agency or authority of the United States of America, an agency or authority of the State of Georgia, the Federal National

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Mortgage Association, the Federal Home Loan Mortgage Corporation, or the Government National Mortgage Association, or a private mortgage insurance company. The commissioner may by regulation set a purchase price amount below which no withholding is required. (e) (1) Unless otherwise provided, if the seller or transferor is a partnership or Subchapter `S' corporation or other unincorporated organization which certifies to the buyer or transferee that a composite return is being filed on behalf of the nonresident partners, shareholders, or members and that the partnership, Subchapter `S' corporation, or unincorporated organization remits the tax on the gain on behalf of the nonresident partners, shareholders, or members, the buyer or transferee shall not be required to withhold as provided in this Code section. Any nonresident partner, shareholder, or member who falsely certifies that a composite return is being filed on behalf of such partner, shareholder, or member shall be liable for a penalty in the amount of $500.00 or 10 percent of the amount required to be withheld, whichever is greater. (2) The penalty imposed by this subsection shall be paid upon notice and demand by the commissioner or the commissioner's delegate and shall be assessed and collected in the same manner as the withholding tax imposed by this article. (f) Every buyer or transferee of real property located in Georgia who is required to deduct and withhold the withholding tax imposed by subsection (b) of this Code section shall file the required return and remit payment to the department on or before the last day of the calendar month following the calendar month within which the sale or transfer giving rise to the withholding tax occurred. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable with respect to any sale or transfer occurring on or after January 1, 1994.

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Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1993. ABANDONED MOTOR VEHICLES NOTICE BY PERSON REMOVING OR STORING VEHICLE; DERELICT VEHICLES. Code Section 40-11-2 Amended. Code Section 40-11-9 Enacted. No. 439 (House Bill No. 447). AN ACT To amend Article 1 of Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to abandoned motor vehicles, so as to provide for additional consequences with respect to the failure to provide certain required notice and information; to provide procedures for determination that a vehicle is a derelict motor vehicle; to provide for disposition of derelict motor vehicles; to provide for notice and procedures; to provide for cancellation of the title of a derelict motor vehicle; to provide for penalties; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 1 of Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to abandoned motor vehicles, is amended by striking subsection (k) of Code Section 40-11-2, relating to duties of persons who remove or store certain motor vehicles, and inserting in lieu thereof the following: (k) Any person who does not provide the notice and information required by this Code section shall not be entitled

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to any storage fees, shall not be eligible to contract with or serve on a rotation list providing wrecker services for this state or any political subdivision thereof, and shall not be licensed by any municipal authority to provide removal of improperly parked cars under Code Section 44-1-13. Section 2. Said article is further amended by adding at the end thereof a new Code Section 40-11-9 to read as follows: 40-11-9. (a) If a motor vehicle has been left unattended on private property for not less than two days or on public property for not less than three days without the owner or driver making any attempt to recover such vehicle or to leave a conspicuously placed note that such owner or driver intends to return for such vehicle; or, if a conspicuous note was left, if the motor vehicle has been left unattended for not less than five days and if because of damage, vandalism, theft, or fire the vehicle is damaged to the extent that its restoration to an operable condition would require the replacement of one or more major component parts or involves any structural damage that would affect the safety of the vehicle; or if there is evidence that the vehicle was inoperable due to major mechanical breakdown at the time it was left on the property, such as the engine, transmission, or wheels missing, no coolant in the in the cooling system, no oil in the engine, or burned fluid in the transmission; or if the vehicle is seven or more years old; or if the vehicle is not currently tagged or is not verifiable by the state as to who is the current owner or lienholder of the vehicle; or if the vehicle has been abandoned to a wrecker service by an insurance company and the owner following the insurance company's making a total loss payment, then any person removing such vehicle shall within 72 hours of removing such vehicle obtain the identity of and address of the last known registered owner of the vehicle, the owner of the vehicle as recorded on the certificate of title of such vehicle, and any security interest holder or lienholder on such vehicle from the local law enforcement agency of the jurisdiction in which the vehicle was located. If the law enforcement agency shows no information on the vehicle, then a request for such information may be sent to the Department of Revenue. Within 72 hours after obtaining such information, the person removing such

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vehicle shall, by certified mail, return receipt requested, notify the registered owner, title owner, and security interest holder or lienholder of the vehicle that such vehicle will be declared a derelict vehicle and the title to such vehicle will be canceled by the state revenue commissioner if such person or persons fails to respond within ten days of receipt of such notice. The state revenue commissioner shall prescribe the form and content of such notice. If the registered owner, title owner, or security interest holder or lienholder fails to respond within 30 days from the date of such notice by certified mail, and if the vehicle is appraised as having a total value of less than $300.00, the vehicle shall be considered to be a derelict vehicle. The value of the vehicle shall be determined as 50 percent of the wholesale value of a similar car in the rough section of the National Auto Research Black Book, Georgia Edition , or if a similar vehicle is not listed in such book, the person shall obtain an appraisal of the motor vehicle from the local law enforcement agency's auto theft section with jurisdiction in the county or municipality where such vehicle is located. Any person removing a vehicle shall complete a form, to be provided by the state revenue commissioner, indicating that the vehicle meets at least four of the above-stated eight conditions for being a derelict vehicle and shall file such form with the Department of Revenue and the law enforcement agency with jurisdiction from which such vehicle was removed. (b) Upon determination that a vehicle is a derelict motor vehicle as provided in subsection (a) of this Code section, it may be disposed of by sale to a person who scraps, dismantles, or demolishes motor vehicles, provided that such vehicle may be sold for scrap or parts only and shall in no event be rebuilt or sold to the general public. Any person disposing of a derelict motor vehicle shall, prior to disposing of such vehicle, photograph such vehicle and retain with such photograph the appraisal required in subsection (a) of this Code section and the notice to the state revenue commissioner required in this subsection for a period of three years after its disposition. Such person shall also notify the state revenue commissioner of the disposition of such vehicle in such manner as may be prescribed by the state revenue commissioner. The state revenue commissioner shall cancel

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the certificate of title for such vehicle and shall not issue a rebuilt or salvage title for such vehicle. (c) For purposes of this Code section, the term `derelict vehicle' shall not include a vehicle which does not bear a manufactured vehicle identification number plate or a vehicle identification number plate assigned by a state jurisdiction. (d) Any person who abandons a derelict motor vehicle on public or private property shall be guilty of a misdemeanor and upon conviction shall be fined not more than $500.00 and shall pay all costs of having such derelict motor vehicle removed, stored, and sold as provided for in this Code section. (e) Any person removing a derelict motor vehicle who fails to comply with the requirements of this Code section or who knowingly provides false or misleading information when providing any notice or information required by this Code section shall be guilty of a misdemeanor. (f) The Department of Revenue, the state revenue commissioner, and the State of Georgia and the person removing, storing, and processing the vehicle unless recklessly or grossly negligent shall not be liable to the owner of a vehicle declared to be a derelict motor vehicle pursuant to this Code section. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1993.

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REGULATION OF ATHLETE AGENTS ATHLETE REDEFINED; REGISTRATION; TEMPORARY REGISTRATION. Code Sections 43-4A-2, 43-4A-4, and 43-4A-10 Amended. No. 440 (House Bill No. 462). AN ACT To amend Chapter 4A of Title 43 of the Official Code of Georgia Annotated, known as the Georgia Athlete Agents Regulatory Act of 1988, so as to change the definition of the term athlete; to define the scope of practice as an athlete agent in Georgia; to change certain provisions relating to registration requirements applicable to athlete agents; to provide for temporary registration upon 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. Chapter 4A of Title 43 of the Official Code of Georgia Annotated, known as the Georgia Athlete Agents Regulatory Act of 1988, is amended by striking in its entirety paragraph (2) of Code Section 43-4A-2, relating to definitions used in said chapter, and inserting in lieu thereof a new paragraph (2) to read as follows: (2) `Athlete' means an individual who is eligible to participate in any intercollegiate sport and who is currently enrolled as a student at an institution of higher education or has signed a national grant-in-aid with an institution of higher education. Section 2. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 43-4A-4, relating to the registration requirement for athlete agents and the filing of an annual report by an institution of higher education with the Georgia Athlete Agent Regulatory Commission, and inserting in lieu thereof a new subsection (a) to read as follows:

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(a) No athlete agent shall contact an athlete, either directly or indirectly, or otherwise engage in or carry on the occupation of an athlete agent with an athlete without first registering with the commission. Section 3. Said chapter is further amended by striking in its entirety Code Section 43-4A-10, relating to temporary registration, which reads as follows: 43-4A-10. The commission may, at its discretion, issue a temporary registration subject to revocation for cause by the commission. Otherwise, the conditions for issuance or renewal shall meet the requirements of Code Section 43-4A-5., and inserting in lieu thereof a new Code Section 43-4A-10 to read as follows: 43-4A-10. Upon receipt by the commission of a completed application for registration, surety bond, and fee and after approval of the chairman of the commission, the joint-secretary may in his or her discretion issue a temporary registration to an applicant, which registration shall have the same force and effect as a permanent registration until the next regular meeting of the commission when the temporary registration shall become void. A temporary registration shall not be recorded. A temporary registration shall be subject to revocation in the same manner as a permanent registration. 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, 1993.

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INSURANCE COUNSELORS; FEES; SEPARATE TRANSACTION DEFINED. Code Section 33-23-1.1 Enacted. No. 441 (House Bill No. 540). AN ACT To amend Article 1 Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to the licensing of agents, subagents, adjusters, and counselors, so as to define what shall be considered a separate transaction with regard to fees received by insurance counselors; 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 23 of Title 33 of the Official Code of Georgia Annotated, relating to the licensing of agents, subagents, adjusters, and counselors, is amended by adding immediately following Code Section 33-23-1, relating to definitions, a new Code Section 33-23-1.1 to read as follows: 33-23-1.1. As used in paragraph (5) of Code Section 33-23-1, the definition of counselor, the term `transaction' refers to coverage or services in the same line or subline of insurance; provided, however, that additional ancillary services for commercial risks in excess of acquisition services shall be considered a separate transaction when such additional ancillary services are disclosed in writing to the insured and approved in advance by the insured.Additional ancillary services shall include, but not be limited to, thefollowing: risk identification; loss measurement; gathering and analysis of loss information; verification of workers' compensation experience modifiers; setting of risk retention levels; development of retention financing plans; development of insurance specifications; negotiation with insurers regarding coverages, costs, and payment options; implementation of retained and transferred risk programs; monitoring of annual program; and insurance audit services.

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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 9, 1993. GAME AND FISH HUNTER EDUCATION COURSES; PROOF OF COMPLETION; NONRESIDENT HUNTING LICENSES. Code Sections 27-1-2, 27-2-5, and 27-3-41 Amended. No. 442 (House Bill No. 597). AN ACT To amend Title 27 of the Official Code of Georgia Annotated, the Game and Fish Code, so as to define a certain term; to change certain requirements regarding providing proof of completion of a hunter education course; to provide that persons ages 12 through 25 shall carry certification of the completion of such course while hunting; to provide that it is unlawful for an adult to permit a child age 12 through 15 under his or her care to hunt with a weapon unless the child has in his or her possession such certification; to provide conditions for certain nonresident hunting licenses; to provide for certain fees; to provide for exceptions to such requirements; to provide for exceptions to certain penalties; to provide that children under age 12 may hunt only under adult supervision; to provide that it shall be unlawful to permit such a child to hunt unsupervised; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1. Title 27 of the Official Code of Georgia Annotated, the Game and Fish Code, is amended by redesignating paragraph (1) of Code Section 27-1-2, relating to definitions relative to game and fish, as paragraph (1.1) and inserting immediately preceding such paragraph the following: (1) `Adult supervision' means under the command and control of a person 18 years of age or older, with the minor being within sight or hearing distance of such person. Section 2. Said title is further amended by striking in its entirety Code Section 27-2-5, relating to hunter education courses, and inserting in lieu thereof the following: 27-2-5. (a) It shall be unlawful for any person born on or after January 1, 1961, to procure a hunting license or to hunt by means of weapons in this state unless that person has been issued a certificate or other evidence the department deems acceptable which indicates satisfactory completion of a hunter education course as prescribed by the board. Persons ages 16 through 25 shall exhibit such certificate to the issuing agent at the time of purchase of a hunting license. All other persons required by this subsection to complete a hunter education course shall present proof of age at the time of purchasing a hunting license and shall, by signing such license, certify their compliance with this subsection. (b) It shall be unlawful for any person authorized to issue hunting licenses in this state to issue a hunting license to any person age 16 through 25 unless that license agent shall have been provided with a certificate showing the license applicant has satisfactorily completed a hunter education course as prescribed by the board, or to any other person born on or after January 1, 1961, unless such person provides such other evidence of completion of a hunter education course as the department deems acceptable. (c) It shall be unlawful for any person age 16 through 25 who is not required by law to obtain a hunting license to hunt in this state unless that person carries on his or her person while hunting a certificate attesting to that person's satisfactory completion of a hunter education course as prescribed

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by the board. Such person shall present his or her certificate to a conservation ranger or deputy conservation ranger for inspection upon demand. (d) Any person who is age 12 through 15 shall satisfactorily complete a hunter education course as a prerequisite to hunting with a weapon in this state. It shall be unlawful for any adult to permit his or her child or ward age 12 through 15 to hunt with a weapon unless the child has a certificate attesting to his or her satisfactory completion of such course on his or her person. (e) Any person applying for a season nonresident hunting license may exhibit a certificate of completion of the official hunter education or hunter safety course of such person's state of residence if that course shall have been approved by the department. Those persons applying for a nonresident hunting license other than a season nonresident hunting license shall not be required to exhibit such a certificate or to complete a hunter education course in order to obtain the license. (f) By rule or regulation, the board shall prescribe a course of instruction in competency and safety in hunting and in the handling of weapons. The board shall also prescribe procedures whereby competent residents of this state shall be certified as hunter education instructors. The board may provide, by rule or regulation, for charging reasonable fees for the issuance by the department of duplicate certificates of completion of a hunter education course and for hunter education courses in order to defray the expenses of conducting such courses. Any such fees shall be deemed as `other income' of the department for purposes of subsection (a) of Code Section 27-1-13. (g) Any person violating any provision of this Code section shall be guilty of a misdemeanor; provided, however, that this subsection shall not apply to any person under the age of 16. (h) The requirements of subsections (c) and (d) of this Code section shall not apply to any person hunting on his or

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her own land or that of his or her parents or legal guardian or to persons permitting a child or ward aged 12 through 15 years to hunt on the parent's or guardian's own land. Section 3. Said title is further amended by striking in its entirety Code Section 27-3-41, relating to unsupervised hunting by persons under 16 years of age, and inserting in lieu thereof the following: 27-3-41. (a) It shall be unlawful for any person who is under 12 years of age to hunt any wildlife in this state unless such person is under the direct supervision of an adult during the period in which such person is hunting. (b) It shall be unlawful for any person to cause or knowingly permit such person's child or ward who is less than 12 years of age to hunt any wildlife with a weapon in this state unless such child or ward is under adult supervision. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1993. COVENANTS RUNNING WITH THE LAND AUTOMATIC RENEWAL; TERMINATION; RECORDING. Code Section 44-5-60 Amended. No. 443 (House Bill No. 556). AN ACT To amend Code Section 44-5-60 of the Official Code of Georgia Annotated, relating to covenants running with the land, so as to provide that certain such covenants shall be renewed automatically every 20 years unless terminated; to provide a

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method of termination; 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. Code Section 44-5-60 of the Official Code of Georgia Annotated, relating to covenants running with the land, is amended by striking in their entireties paragraphs (1) and (2) of subsection (d) and inserting in lieu thereof the following: (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 shall automatically be renewed beyond the period provided for in subsection (b) of this Code section unless terminated as provided in this subsection. Each such renewal shall be for an additional 20 year period, and there shall be no limit on the number of times such covenants shall be renewed. (2) To terminate a covenant as provided in paragraph (1) of this subsection, at least 51 percent of the persons owning 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 terminated, which may be incorporated by reference to another recorded document. By signing such document, each such person shall verify that he or she is a record owner of property affected by the covenant. Such document shall be recorded in the office of the clerk of the superior court of the county where the land is located no sooner than but within two years prior to the expiration of the initial 20 year period or any subsequent 20 year period. The clerk of the superior court shall index the document under the name of each record owner appearing in the document.

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Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1993. PUBLIC MEETINGS ADDITIONAL NOTICE OF CALLED MEETINGS IN COUNTIES WHERE LEGAL ORGAN PUBLISHED LESS THAN FOUR TIMES WEEKLY. Code Section 50-14-1 Amended. No. 444 (House Bill No. 600). AN ACT To amend Code Section 50-14-1 of the Official Code of Georgia Annotated, relating to open public meetings, so as to provide for additional notice of called meetings in counties where the legal organ is published less often than four times weekly; 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 50-14-1 of the Official Code of Georgia Annotated, relating to open public meetings, is amended by striking in its entirety subsection (d) and inserting in lieu thereof a new subsection to read as follows: (d) Every agency shall prescribe the time, place, and dates of regular meetings of the agency. Such information shall be available to the general public and a notice containing such information shall be posted and maintained in a conspicuous place available to the public at the regular meeting place of the agency. Meetings shall be held in accordance with a regular schedule, but nothing in this subsection shall preclude an agency from canceling or postponing any regularly

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scheduled meeting. Whenever any meeting required to be open to the public is to be held at a time or place other than at the time and place prescribed for regular meetings, the agency shall give due notice thereof. `Due notice' shall be the posting of a written notice for at least 24 hours at the place of regular meetings and giving of written or oral notice at least 24 hours in advance of the meeting to the legal organ in which notices of sheriff's sales are published in the county where regular meetings are held or at the option of the agency to a newspaper having a general circulation in said county at least equal to that of the legal organ; provided, however, that in counties where the legal organ is published less often than four times weekly `due notice' shall be the posting of a written notice for at least 24 hours at the place of regular meetings and, upon written request from any local broadcast or print media outlet whose place of business and physical facilities are located in the county, notice by telephone or facsimile to that requesting media outlet at least 24 hours in advance of the called meeting. When special circumstances occur and are so declared by an agency, that agency may hold a meeting with less than 24 hours' notice upon giving such notice of the meeting and subjects expected to be considered at the meeting as is reasonable under the circumstances including notice to said county legal organ or a newspaper having a general circulation in the county at least equal to that of the legal organ, in which event the reason for holding the meeting within 24 hours and the nature of the notice shall be recorded in the minutes. Whenever notice is given to a legal organ or other newspaper, that publication shall immediately make the information available upon inquiry to any member of the public. Any oral notice required or permitted by this subsection may be given by telephone. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1993.

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HIGHWAYS, BRIDGES, AND FERRIES LENGTH OF UNPROCESSED FOREST PRODUCTS; WARNING FLAGS. Code Section 32-6-24 Amended. No. 445 (House Bill No. 660). AN ACT To amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to dimensions and weight of vehicles and loads, so as to provide that loads of unprocessed forest products may be a maximum total length of 60 feet; to provide for the manner of measurement of such length; to provide that truck tractor length shall not be a factor in calculating allowable load length; to provide for warning flags; to provide for lights; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to dimensions and weight of vehicles and loads, is amended by striking paragraph (2) of subsection (b) of Code Section 32-6-24, relating to vehicle and load length limits, in its entirety and inserting in lieu thereof the following: (2) (A) Loads of poles, logs, pilings, lumber, structural steel, timber structural members, piping, and prestressed and precast concrete may exceed the length of 60 feet without requiring a permit when they are single length pieces and no pieces are loaded end to end, but a single trip permit shall be required if the total length of such vehicle and load exceeds 75 feet. (B) Loads of unprocessed forest products, including but not limited to poles, logs, and pilings, may be a maximum total length of 60 feet with a maximum length of 41 feet between the kingpin and the center of the rear tandem axles or the rear axle in the case of a

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single axle. The length of the truck tractor transporting such load shall not affect or be calculated in the maximum total load length. The rear extremity of each load shall be marked with warning flags which meet the requirements set forth in Code Section 40-8-27. Additionally, loads moved at night must be equipped with a red marker light at the rear extremity of such load as provided in Code Section 40-8-27 or with an amber strobe light. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1993. TRANSIENT MERCHANTS COUNTY LICENSE FEES TO BE FIXED BY GOVERNING AUTHORITY. Code Section 43-46-4 Amended. No. 446 (House Bill No. 661). AN ACT To amend Code Section 43-46-4 of the Official Code of Georgia Annotated, relating to county licenses for transient merchants, license fees, transfers of licenses, and scope of licenses, so as to change the provisions relating to such licenses and the fees therefor; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 43-46-4 of the Official Code of Georgia Annotated, relating to county licenses for transient merchants, license fees, transfers of licenses, and scope of licenses, is amended by striking subsection (b) of said Code section

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and inserting in lieu thereof a new subsection (b) to read as follows: (b) At the time the application is filed, the applicant shall pay a license fee in an amount to be fixed by the governing authority of the county, which shall be paid into the general county treasury. After the applicant has complied with all the provisions of this chapter, a transient business license shall be issued. Such license is not transferable, is valid only within the territorial limits of the issuing county, is valid only for the business stated on the application, and shall expire one year from the date issued. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1993. DOMESTIC RELATIONS APPLICABILITY, JURISDICTION, AND ENFORCEMENT OF PROTECTIVE ORDERS. Code Section 19-13-4 Amended. No. 447 (House Bill No. 680). AN ACT To amend Code Section 19-13-4 of the Official Code of Georgia Annotated, relating to family violence, protective orders, consent agreements, and their contents, copies, and enforcement, so as to provide for applicability, jurisdiction, and enforcement of protective orders throughout the state; 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 19-13-4 of the Official Code of Georgia Annotated, relating to family violence, protective orders, consent agreements, and their contents, copies, and enforcement, is amended by striking subsection (d) of said Code section, which reads as follows: (d) The court issuing any protective order may order the sheriff, any deputy sheriff, or any other state, county, or municipal law enforcement officer or official to enforce or carry out such order., and inserting in lieu thereof a new subsection (d) to read as follows: (d) A protective order issued pursuant to this Code section shall apply and shall be effective throughout this state. It shall be the duty of every superior court and of every sheriff, every deputy sheriff, and every state, county, or municipal law enforcement officer within this state to enforce and carry out the terms of any valid protective order issued by any court under the provisions of this Code section. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1993.

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BOATING OPERATION OF VESSELS WITH MARINE TOILET, GALLEY, OR SLEEPING QUARTERS PROHIBITED ON SPECIFIED LAKES. Code Section 52-7-13 Amended. No. 448 (House Bill No. 695). AN ACT To amend Code Section 52-7-13 of the Official Code of Georgia Annotated, relating to boating safety zones and related matters, so as to restrict the operation of certain vessels on certain lakes; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 52-7-13 of the Official Code of Georgia Annotated, relating to boating safety zones and related matters, is amended by striking in its entirety subsection (e) and inserting in lieu thereof the following: 52-7-13. (e) The operation of any vessel, specifically including a houseboat, with a marine toilet, galley, or sleeping quarters shall be prohibited on Lake Burton, Bull Sluice Lake, Goat Rock Lake, Lake Harding, Lake Jakson, North Highlands Lake, Lake Oliver, Lake Rabun, Seed Lake, Tallulah Falls Lake, Tugalo Lake, Lake Worth, and Yonah Lake. Section 2. This Act shall become effective upon its approval by the Governor 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, 1993.

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STATE EMPLOYEES UNCLASSIFIED EMPLOYEES OF DEPARTMENT OF NATURAL RESOURCES; BENEFITS. Code Section 45-20-2 Amended. No. 449 (House Bill No. 720). AN ACT To amend Code Section 45-20-2 of the Official Code of Georgia Annotated, relating to definitions relative to the State Merit System of Personnel Administration, so as to provide that certain employees of the Department of Natural Resources may receive certain benefits; to provide a contingency; to provide for a limitation; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 45-20-2 of the Official Code of Georgia Annotated, relating to definitions relative to the State Merit System of Personnel Administration, is amended by striking in its entirety subparagraph (Z) of paragraph (15) and inserting in lieu thereof the following: (Z) (i) The officers, officials, employees, and positions of the Department of Natural Resources, except those officers, officials, employees, and positions which are as of March 14, 1984, in fact in the classified service or which the commissioner designates as being in the classified service of the merit system unless placed in the unclassified service under another provision of this chapter. Except as provided in division (ii) of this subparagraph, unclassified employees of the Department of Natural Resources who are paid on an hourly basis shall continue not to be entitled to other benefits of employment, including, but not limited to, the accrual of annual and sick leave, membership within the Employees' Retirement System of Georgia, and inclusion under the health insurance plan for state employees as provided for in Article 1 of Chapter 18 of this title.

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(ii) Any provision of division (i) of this subparagraph to the contrary notwithstanding, unclassified employees of the Department of Natural Resources who are at work on or after July 1, 1993, who are paid on an hourly basis, and who are otherwise eligible to participate under Article 1 of Chapter 18 of this title may be included under the health insurance plan for state employees as funding is provided, and may accrue annual and sick leave; provided, however, that such eligibility for annual and sick leave shall not apply to any service occurring prior to July 1, 1993; Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1993. LOCAL GOVERNMENT COUNTIES AND MUNICIPAL CORPORATIONS; FEDERAL PROGRAMS; EXPENDITURE OF REVENUES. Code Title 36, Chapter 86 Enacted. No. 450 (House Bill No. 728). AN ACT To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to authorize counties and municipal corporations to participate in certain federal programs and to expend revenues to meet the requirements for participation in certain federal programs; to prohibit imposition of any new form of taxavion for such purposes; to authorize counties and municipal corporations to execute intergovernmental contracts related to such programs; to provide for legislative intent; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by adding following Chapter 85 a new Chapter 86 to read as follows: CHAPTER 86 36-86-1. Pursuant to Article III, Section VI, Paragraph II, subparagraph (a)(3) of the Constitution of Georgia, the General Assembly finds it to be in the public interest of the citizens of Georgia and a public purpose for counties and municipal corporations to be authorized to participate in certain federal programs. 36-86-2. Each county and municipal corporation of the State of Georgia is authorized to participate in federal programs which provide federal grants and federal loans for housing, transportation, and water and waste-water treatment and distribution purposes. Supplementary to any existing authority granted by law, counties and municipal corporations shall be authorized to exercise the following powers: (1) To expend revenues, but shall not impose any new form of taxation; and (2) To contract: (A) With the United States, its departments and agencies; (B) With the State of Georgia, its departments, agencies, and authorities; (C) With regional development centers, political subdivisions of the state, and public authorities of such subdivisions; and (D) With private nonprofit entities organized for the purpose of providing housing to persons of low

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and moderate income when such entities are exempt from federal income tax pursuant to Section 501(c) of the Internal Revenue Code of 1986 when the exercise of such powers is necessary to comply with the conditions established by federal law and federal regulations for eligibility for participation in such federal programs. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1993. CONSERVATION EASEMENTS EXPANSION BY EXERCISE OF EMINENT DOMAIN PROHIBITED. Code Section 44-10-3 Amended. No. 451 (House Bill No. 751). AN ACT To amend Article 1 of Chapter 10 of Title 44 of the Official Code of Georgia Annotated, relating to uniform conservation easements, so as to provide that such easements may not be created or expanded by eminent domain; 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 44 of the Official Code of Georgia Annotated, relating to uniform conservation

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easements, is amended by striking subsection (a) of Code Section 44-10-3, relating to creation or alteration of conservation easements, in its entirety and inserting the following in lieu thereof: (a) Except as otherwise provided in this article, a conservation easement may be created, conveyed, recorded, assigned, released, modified, terminated, or otherwise altered or affected in the same manner as other easements, except that a conservation easement may not be created or expanded by the exercise of the power of eminent domain. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1993. LOCAL GOVERNMENT MUNICIPAL CORPORATIONS; DISPOSITION OF PROPERTY. Code Section 36-37-6 Amended. No. 452 (House Bill No. 755). AN ACT To amend Code Section 36-37-6 of the Official Code of Georgia Annotated, relating to disposition of municipal property in general, so as to change the conditions under which municipal corporations may dispose of property; 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 36-37-6 of the Official Code of Georgia Annotated, relating to disposition of municipal property

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in general, is amended by striking subsections (a) and (c) and inserting in their respective places new subsections to read as follows: (a) Except as otherwise provided in subsections (b) through (i) of this Code section, the governing authority of any municipal corporation disposing of any real or personal property of such municipal corporation shall make all such sales to the highest responsible bidder, either by sealed bids or by auction after due notice has been given. Any such municipal corporation shall have the right to reject any and all bids or to cancel any proposed sale. The governing authority of the municipal corporation shall cause notice to be published once in the official legal organ of the county in which the municipality is located or in a newspaper of general circulation in the community, not less than 15 days nor more than 60 days preceding the day of the auction or, if the sale is by sealed bids, preceding the last day for the receipt of proposals. The legal notice shall include a general description of the property to be sold if the property is personal property or a legal description of the property to be sold if the property is real property. If the sale is by sealed bids, the notice shall also contain an invitation for proposals and shall state the conditions of the proposed sale, the address at which bid blanks and other written materials connected with the proposed sale may be obtained, and the date, time, and place for the opening of bids. If the sale is by auction, the notice shall also contain the conditions of the proposed sale and shall state the date, time, and place of the proposed sale. Bids received in connection with a sale by sealed bidding shall be opened in public at the time and place stated in the legal notice. A tabulation of all bids received shall be available for public inspection following the opening of all bids. All such bids shall be retained and kept available for public inspection for a period of not less than 60 days from the date on which such bids are opened. The provisions of this subsection shall not apply to any transactions authorized in subsections (b) through (i) of this Code section. (c) Nothing in this Code section shall prevent a municipal corporation from trading or exchanging real property belonging to the municipal corporation for other real property

Page 797

where the property so acquired by exchange shall be of equal or greater value than the property previously belonging to the municipal corporation; provided, however, that within six weeks preceding the closing of any such proposed exchange of real property, a notice of the proposed exchange of real property shall be published in the official organ of the municipal corporation once a week for four weeks. The value of both the property belonging to the municipal corporation and that to be acquired through the exchange shall be determined by appraisals and the value so determined shall be approved by the proper authorities of said municipal corporation. Section 2. This Act shall become effective upon its approval by the Governor 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, 1993. COMMERCIAL DRIVERS' LICENSES RESTRICTED LICENSES FOR AGRICULTURAL EMPLOYEES; QUALIFICATIONS; RESTRICTIONS REGARDING TIMES VALID, DISTANCE, TRANSPORT OF HAZARDOUS MATERIALS; RULES. Code Section 40-5-148.1 Enacted. No. 453 (House Bill No. 759). 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 provide for issuance of restricted commercial drivers' licenses to certain drivers in the agricultural industry; to provide that no skill or knowledge tests shall be required

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for such licenses; to provide for minimum driving experience requirements; to provide for other qualifications; to provide that such licenses shall be renewed annually; to provide for fees; to provide that such licenses shall be valid for a total of 180 days in a 12 month period; to provide for distance of operation restrictions; to provide for additional restrictions relative to the transportation of hazardous materials by the holders of such restricted licenses; to provide that the holders of such restricted licenses shall be subject to all other disqualifications which may be imposed upon the holder of a commercial driver's license; to provide for reciprocity with other states; to provide for promulgation of rules and regulations; to provide for all related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 7 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, the Uniform Commercial Driver's License Act, is amended by adding a new Code Section 40-5-148.1 to read as follows: 40-5-148.1. (a) Pursuant to a waiver of the United States Secretary of Transportation, issued April 17, 1992, the Department of Public Safety is authorized to issued Class B or Class C restricted commercial drivers' licenses to certain persons employed in the agricultural industry. Such restricted licenses shall be issued annually but shall not be valid for more than a total of 180 days in a 12 month period. (b) A person shall not be required to pass a knowledge or skills test for issuance of a restricted commercial driver's license, except that such person shall possess a valid non-commercial driver's license, have at least one year's driving experience, submit an application for and submit proof of all information required for a commercial driver's license except for the testing requirements, and not be subject to any other disqualification from driving a commercial motor vehicle or be under any suspension or revocation of such person's regular driver's license.

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(c) The holder of a restricted commercial driver's license issued pursuant to this Code section may operate a commercial motor vehicle only within 150 miles of the place of business at which such person is employed and only during such seasonal periods as indicated on such person's restricted, driver's license. The holder of a restricted commercial driver's license shall be authorized to transport only the following hazardous materials requiring placarding: Diesel fuel in quantities of 1,000 gallons or less; liquid fertilizers in vehicles with total capacities of 3,000 gallons or less, including anhydrous ammonia and other types of liquid fertilizers in vehicles or implements of husbandry with total capacities of 3,000 gallons or less; and solid fertilizers not mixed with any organic substance. (d) All holders of restricted commercial drivers' licenses shall be subject to disqualifications and penalties under Code Sections 40-5-151 through 40-5-153 and shall be subject to all notices, verifications, and license checks otherwise required under this article. (e) The department shall promulgate rules and regulations as necessary to implement this Code section by September 1, 1993. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1993.

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DISTRICT ATTORNEYS' RETIREMENT SYSTEM RETIREMENT BENEFIT INCREASES. Code Section 47-13-29 Enacted. No. 454 (House Bill No. 768). AN ACT To amend Article 2 of Chapter 13 of Title 47 of the Official Code of Georgia Annotated, relating to the administration and management of the assets of the District Attorneys' Retirement System, so as to authorize the board of directors of such system to grant postretirement benefit increases; to provide conditions for such increases; 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 47 of the Official Code of Georgia Annotated, relating to the administration and management of the assets of the District Attorneys' Retirement System, is amended by inserting at the end thereof the following: 47-13-29. (a) Subject to the terms and limitations of this Code section, the board of trustees is authorized to adopt from time to time a method or methods of providing for increases in the maximum monthly retirement benefit payable under Article 6 of this chapter for persons theretofore or thereafter retiring under this chapter. Such method shall be based upon: (1) The recommendation of the actuary of the board of trustees; (2) The maintenance of the actuarial soundness of the fund in accordance with the standards provided in Code Section 47-20-10 or such higher standards as may be adopted by the board; and

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(3) Such other factors as the board deems relevant. Any such increase may be uniform or may vary in accordance with the time of retirement, length of service, age, nature of the retirement, or such other factors as the board of trustees shall determine. (b) No increase granted pursuant to subsection (a) of this Code section shall exceed 3 percent of the maximum monthly retirement benefit then in effect. Thereafter, such increases may be authorized effective as of January 1 and July 1 of each year; provided, however, that no such increase shall exceed 1 percent of the maximum monthly retirement benefit then in effect. (c) No increase shall be made pursuant to subsection (a) of this Code section to become effective within six months of the effective date of any increase in the maximum retirement benefit granted by the General Assembly through amendment of Code Section 47-13-70. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1993. JUDGES OF THE PROBATE COURTS RETIREMENT FUND OF GEORGIA INCREASES IN MAXIMUM MONTHLY BENEFIT. Code Section 47-11-22 Amended. No. 455 (House Bill No. 779). AN ACT To amend Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to the Judges of the Probate Courts Retirement Fund of Georgia, so as to provide that persons who become members after July 1, 1993, shall not be entitled to an

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automatic cost-of-living benefit increase; to provide that the board of trustees of such fund is authorized to grant cost of living benefit increases; to provide restrictions upon such increases; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to the Judges of the Probate Courts Retirement Fund of Georgia, is amended by inserting at the end of Code Section 47-11-22, relating to the powers and duties of the board of trustees of such retirement fund, the following: (c) (1) Subject to the terms and limitations of this subsection, the board of trustees is authorized to adopt from time to time a method or methods of providing for increases in the maximum monthly retirement benefit payable under Article 5 of this chapter for persons theretofore or thereafter retiring under this chapter. Such method shall be based upon: (A) The recommendation of the actuary of the board of trustees; (B) The maintenance of the actuarial soundness of the fund in accordance with the standards provided in Code Section 47-20-10 or such higher standards as may be adopted by the board; and (C) Such other factors as the board deems relevant. Any such increase may be uniform or may vary in accordance with the time of retirement, length of service, age, nature of the retirement, or such other factors as the board of trustees shall determine. (2) Any provision of paragraph (1) of this subsection to the contrary notwithstanding, no member who receives an annual cost-of-living benefit increase pursuant to subsection

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(e) of Code Section 47-11-71 shall receive a benefit increase under this subsection greater than 1 percent of the maximum monthly benefit then in effect; provided, however, that no such member shall receive any such increase unless the members not entitled to a benefit increase under subsection (e) of Code Section 47-11-71 receives a like amount plus an additional increase of 2 percent of the maximum benefit then in effect; provided, further, that no benefit increase shall be awarded under this subsection greater than 1.5 percent in any six month period. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1993. TRIAL JUDGES AND SOLICITORS RETIREMENT FUND POSTRETIREMENT BENEFIT INCREASES. Code Section 47-10-28 Enacted. No. 456 (House Bill No. 782). AN ACT To amend Article 2 of Chapter 10 of Title 47 of the Official Code of Georgia Annotated, relating to the creation, administration, and management of the assets of the Trial Judges and Solicitors Retirement Fund, so as to authorize the board of trustees of such system to grant postretirement benefit increases; to provide conditions for such increases; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 2 of Chapter 10 of Title 47 of the Official Code of Georgia Annotated, relating to the creation, administration,

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and management of the assets of the Trial Judges and Solicitors Retirement Fund, is amended by inserting at the end thereof the following: 47-10-28. (a) Subject to the terms and limitations of this Code section, the board of trustees is authorized to adopt from time to time a method or methods of providing for increases in the maximum monthly retirement benefit payable under Article 6 of this chapter for persons theretofore or thereafter retiring under this chapter. Such method shall be based upon: (1) The recommendation of the actuary of the board of trustees; (2) The maintenance of the actuarial soundness of the fund in accordance with the standards provided in Code Section 47-20-10 or such higher standards as may be adopted by the board; and (3) Such other factors as the board deems relevant. Any such increase may be uniform or may vary in accordance with the time of retirement, length of service, age, nature of the retirement, or such other factors as the board of trustees shall determine. (b) No increase granted pursuant to subsection (a) of this Code section shall exceed 3 percent of the maximum monthly retirement benefit then in effect. Thereafter, such increases may be authorized effective as of January 1 and July 1 of each year; provided, however, that no such increase shall exceed 1 percent of the maximum monthly retirement benefit then in effect. (c) No increase shall be made pursuant to subsection (a) of this Code section to become effective within six months of the effective date of any increase in the maximum retirement benefit granted by the General Assembly through amendment of Code Section 47-11-71.

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Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1993. SUPERIOR COURT JACKSON COUNTY; BARROW COUNTY; TERMS OF COURT. Code Section 15-6-3 Amended. No. 457 (House Bill No. 792). AN ACT To amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of superior court, so as to change the terms of court for the Superior Court of Jackson County and the Superior Court of Barrow County; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of superior court, is amended by striking in its entirety paragraph (32) and inserting a new paragraph to read as follows: (32) Piedmont Circuit: (A) Banks County First and second Mondays in April and October. (B) Barrow County Last Monday in January, first and second Mondays in February, second and third

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Mondays in August, and first and second Mondays in May and November. (C) Jackson County First and second Mondays in March and the second and third Mondays in September. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1993. LOCAL GOVERNMENT PROCEDURE FOR ADOPTING ZONING ORDINANCE. Code Sections 36-66-3 and 36-66-5 Amended. No. 458 (House Bill No. 810). AN ACT To amend Chapter 66 of Title 36 of the Official Code of Georgia Annotated, relating to zoning procedures, so as to amend definitions; to clarify procedures for adopting a zoning ordinance; 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 66 of Title 36 of the Official Code of Georgia Annotated, relating to zoning procedures, is amended by striking in its entirety paragraph (2) of Code Section 36-66-3, relating to definitions relative to zoning procedures, and substituting in lieu thereof the following: (2) `Territorial boundaries' means, in the case of counties, the unincorporated areas thereof and any area defined in paragraph (5.5) of Code Section 36-70-2, and, in the case

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of municipalities, the area lying within the corporate limits thereof except any area defined in paragraph (5.5) of Code Section 36-70-2. Section 2. Said chapter is further amended by striking in its entirety subsection (c) of Code Section 36-66-5, relating to local government adoption of hearing policies, and substituting in lieu thereof the following: (c) The policies and procedures required by subsection (a) of this Code section and the adoption of standards required by subsection (b) of this Code section may be included in and adopted as part of the zoning ordinance. Prior to the adoption of any zoning ordinance enacted on or after January 1, 1986, a local government shall conduct a public hearing on a proposed action which may be advertised and held concurrent with the hearing required by subsection (a) of Code Section 36-66-4 for the adoption of a zoning ordinance. The provisions of subsection (a) of Code Section 36-66-4 relating to notices of public hearings for the purposes of that subsection shall also apply to public hearings required by this subsection. 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 9, 1993.

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CRIMES AND OFFENSES PRISONERS; MUTINY REDEFINED. Code Section 16-10-54 Amended. No. 459 (House Bill No. 870). AN ACT To amend Article 3 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to escape and other offenses related to confinement, so as to provide that a person in lawful custody of any penal institution of the state or of a political subdivision of the state who assails, opposes, or resists an officer of the law or of such institution with the intent to cause serious bodily injury commits the offense of mutiny; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 3 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to escape and other offenses related to confinement, is amended by striking Code Section 16-10-54, relating to assailing, opposing, or resisting an officer of the law in a penal institution, in its entirety and inserting in lieu thereof the following: 16-10-54. A person in the lawful custody of any penal institution of the state or of a political subdivision of the state who assails, opposes, or resists an officer of the law or of such penal institution or a member of the guard with intent to cause serious bodily injury commits the offense of mutiny and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years.

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Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1993. GEORGIA MUSIC HALL OF FAME AUTHORITY MEMBERS; COMPENSATION AND EXPENSE ALLOWANCE. Code Section 12-3-522 Amended. No. 460 (House Bill No. 885). AN ACT To amend Code Section 12-3-522 of the Official Code of Georgia Annotated, relating to creation of the Georgia Music Hall of Fame Authority, so as to change provisions relating to compensation of members of the authority; to provide that the sole compensation payable to the members shall be a daily expense allowance for attending meetings of the authority and reimbursement for transportation costs; to make a corresponding amendment to Code Section 45-7-21 of the Official Code of Georgia Annotated, relating to expense allowances and travel cost reimbursement for members of certain boards and commissions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 12-3-522 of the Official Code of Georgia Annotated, relating to creation of the Georgia Music Hall of Fame Authority, is amended by striking subsection (d) which reads as follows:

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(d) The members of the authority shall receive no compensation for their services but shall be entitled to and shall be reimbursed for their actual expenses, including travel and any other expenses incurred in the performance of their duties. Reimbursement for travel by a personal motor vehicle shall be made in the same manner and subject to the same limitations as provided for state employees under Code Section 50-19-7., and inserting in lieu thereof a new subsection (d) to read as follows: (d) The members of the authority shall receive for each day that such members are in attendance at a meeting of the authority a daily expense allowance and reimbursement for transportation costs as provided for in Code Section 45-7-21; and the members of the authority shall not receive any other compensation for their services as such. Section 2. Code Section 45-7-21 of the Official Code of Georgia Annotated, relating to expense allowances and travel cost reimbursement for members of certain boards and commissions, is amended by striking the word and at the end of paragraph (11), by replacing the period at the end of paragraph (12) with the symbol and word ; and, and by adding thereafter a new paragraph (13) to read as follows: (13) Georgia Music Hall of Fame Authority. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1993. COMMERCE AND TRADE NATURAL GAS DISPENSERS; DISPLAY OF MEASUREMENT; COMPRESSED PETROLEUM GAS; GALLON EQUIVALENCY. Code Title 10, Chapter 2 Amended. Code Section 48-9-3 Amended. No. 461 (House Bill No. 928). AN ACT To amend Article 1 of Chapter 2 of Title 10 of the Official Code of Georgia Annotated, relating to general provisions relative to weights and measures, so as to define a certain term; to provide that a dispensing device used to dispense compressed natural gas shall display the measurement of such gas in a certain manner; to amend Code Section 48-9-3 of the Official Code of Georgia Annotated, relating to the levy of excise tax on distributors who sell or use motor fuel and related matters, so as to provide a gallon equivalent for compressed petroleum gas; 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 10 of the Official Code of Georgia Annotated, relating to general provisions relative to weights and measures, is amended by redesignating Code Sections 10-2-19, 10-2-20, and 10-2-21 as Code Sections 10-2-20, 10-2-21, and 10-2-22, respectively, and by inserting immediately following Code Section 10-2-18 the following:

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10-2-19. (a) As used in this Code Section, the term `compressed natural gas' means a mixture of hydrocarbon gases and vapors, consisting principally of methane in gaseous form, that has been compressed for use as a motor fuel. (b) Notwithstanding any provision contained in the National Bureau of Standards Handbook or any other national standard that may be adopted in this state by law or regulation, any dispensing device used to dispense compressed natural gas for use as a motor vehicle fuel may display the measurement of compressed natural gas in gallon equivalent units or fractions thereof and may compute the sales price of compressed natural gas according to such units or fractions thereof; provided, however, that such gallon equivalent shall contain not less than 110,000 British thermal units. Section 2. Code Section 48-9-3 of the Official Code of Georgia Annotated, relating to the levy of excise tax on distributors who sell or use motor fuel and related matters, is amended by inserting at the end of subsection (a) the following: (4) For purposes of this subsection, and notwithstanding the provisions of paragraph (2) of this subsection and any provision contained in the National Bureau of Standards Handbook or any other national standard that may be adopted by law or regulation, the gallon equivalent of compressed natural gas shall be not less than 110,000 British thermal units. As used in this paragraph, the term `compressed natural gas' means a mixture of hydrocarbon gases and vapors, consisting principally of methane in gaseous form, that has been compressed for use as a motor fuel. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1993.

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GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES; DISTRICTS; REAPPORTIONMENT. Code Section 28-2-1 Amended. No. 462 (House Bill No. 787). AN ACT To amend Code Section 28-2-1 of the Official Code of Georgia Annotated, relating to apportionment of the House of Representatives and qualifications of its members, so as to change the composition of certain representative districts; to provide an effective date and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 28-2-1 of the Official Code of Georgia Annotated, relating to apportionment of the House of Representatives and qualifications of its members, is amended by striking from subsection (a) the descriptions of representative districts No. 48, 56, 57, 59, 60, 62, 64, 65, 93, 96, 110, 112, 113, 114, 123, 128, 137, 138, 140, 141, 159, 162, 163, 164, 166, 169, 171, 172, 173, and 175 and inserting in lieu thereof new descriptions of said districts to read as follows: District: 48 FULTON COUNTY VTD: 0005 1E (Part) Tract: 0049.95 Block(s): 305, 306, 601, 609, 613 VTD: 0008 1J (Part) Tract: 0055.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 142, 203, 204, 205, 206, 210, 211, 212, 213, 218, 219, 220, 221, 225, 226, 227, 228, 229, 230

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VTD: 0016 2A VTD: 0017 2B VTD: 0024 2J VTD: 0026 2L VTD: 0030 2R (Part) Tract: 0043. Block(s): 101, 102, 103, 104, 105, 106, 108, 109, 110, 202, 203 VTD: 0031 2S (Part) Tract: 0027. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 134, 135, 136, 137, 139, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236 VTD: 0047 3J VTD: 0059 4E VTD: 0062 4H (Part) Tract: 0046.95 Block(s): 104, 105, 201, 202, 203 Tract: 0049.95 Block(s): 103, 104, 106, 107, 108, 201, 202, 203, 206, 301, 302, 303, 304 Tract: 0053. Block(s): 401 Tract: 0055.01 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 301, 302, 304, 305, 306, 307, 308, 309, 310, 311, 312, 401, 402, 403, 404, 406, 407, 408, 409, 410, 411, 412, 413, 501, 502, 503, 504, 505, 506, 507, 509 Tract: 0056. Block(s): 101, 102, 103, 104, 105, 106, 201, 202, 203, 204, 205, 206, 301, 302, 304, 305, 306, 307, 401, 402, 403, 404, 405, 406, 407, 501, 502, 503, 504, 505, 506 Tract: 0057. Block(s): 209, 210, 302, 306, 307, 308

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Tract: 0063. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 201, 202, 203, 204, 205, 206, 207, 208, 209, 211, 212, 213, 214, 215, 216, 217, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 418, 419, 420, 421 VTD: 00A4 7R VTD: 00H9 12A VTD: 00J1 12B VTD: 00K4 12P District: 56 FULTON COUNTY VTD: 0001 1A VTD: 0002 1B VTD: 0003 1C (Part) Tract: 0067. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 401, 402, 403, 404, 406, 407, 408, 409A Tract: 0070. Block(s): 104, 105 VTD: 0004 1D VTD: 0005 1E (Part) Tract: 0049.95 Block(s): 401, 402, 403, 404, 405, 406, 407, 408, 412, 413, 414, 415, 416, 417, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 602, 603, 604, 605, 606, 607, 608, 610, 611, 612 Tract: 0053. Block(s): 307, 308, 311, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516 VTD: 0011 1M VTD: 0018 2C VTD: 0019 2D VTD: 0020 2E VTD: 0025 2K (Part) Tract: 0035.

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Block(s): 103, 108, 109, 110, 111, 112, 113, 115, 116, 117, 120, 121, 126, 131B Tract: 0048. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 208, 209, 210, 211 VTD: 0031 2S (Part) Tract: 0018. Block(s): 607 Tract: 0027. Block(s): 118 Tract: 0028. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 208, 301, 302, 303, 304, 305, 306, 310, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413 Tract: 0029. Block(s): 103, 104, 201, 202, 308, 401, 402, 403, 406, 407 VTD: 0038 2Z VTD: 0073 5A VTD: 0074 5B VTD: 0076 5K District: 57 FULTON COUNTY VTD: 0003 1C (Part) Tract: 0070. Block(s): 101, 102, 103, 106, 405, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 712, 713, 714, 715 VTD: 0008 1J (Part) Tract: 0067. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 301, 302, 303, 304, 305, 306, 307, 308, 309, 313, 314, 315, 405, 409B, 410, 501, 502, 503, 504, 505, 506, 507 VTD: 0010 1L VTD: 0013 1P VTD: 0014 1R (Part) Tract: 0068.02 Block(s): 101, 102, 103, 104, 105 Tract: 0071.

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Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 111, 204, 205, 206 VTD: 0015 1S VTD: 00J4 12E (Part) Tract: 0074. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124 Tract: 0075. Block(s): 107, 108, 109, 110, 112, 113 VTD: 00J5 12F VTD: 00J7 12H VTD: 00J8 12J VTD: 00J9 12K VTD: 00K2 12M VTD: 00K3 12N VTD: 00N5 HP02 District: 59 DEKALB COUNTY VTD: 0032 DORAVILLE NORTH (Part) Tract: 0213.03 Block(s): 101A, 102, 103, 104, 105, 106, 107, 108, 202, 203A, 206A, 207A Tract: 0213.04 Block(s): 101B, 117A, 203, 204 VTD: 0037 DUNWOODY (Part) Tract: 0212.10 Block(s): 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419 VTD: 0040 EMBRY HILLS VTD: 0043 EVANSDALE VTD: 0064 KINGSLEY VTD: 0089 MT VERNON VTD: 0095 OAKCLIFF (Part) Tract: 0213.03 Block(s): 203B, 206B, 221, 222, 223 VTD: 0099 PEACHTREE (Part) Tract: 0212.12 Block(s): 201, 212, 213, 214, 215, 216, 217, 220, 221 Tract: 0213.04

Page 818

Block(s): 101C, 114, 115, 117B, 117C, 301, 302, 303, 304, 305, 306, 307B, 308, 309, 310, 311, 312, 313, 314C VTD: 00AD PLEASANTDALE VTD: 00BQ VANDERLYN VTD: 00BR VERMACK (Part) Tract: 0212.05 Block(s): 109, 506, 507, 508, 509 VTD: 00BU WARREN District: 60 DEKALB COUNTY VTD: 0002 ASHFORD DUNWOODY VTD: 0005 AUSTIN VTD: 0020 CHAMBLEE NORTH VTD: 0023 CHESTNUT VTD: 0037 DUNWOODY (Part) Tract: 0212.07 Block(s): 101, 102, 103, 104, 105, 106, 107, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 301, 302, 303, 304, 317, 320 VTD: 0057 HUNTLEY HILLS VTD: 0090 NANCY CREEK VTD: 0099 PEACHTREE (Part) Tract: 0212.12 Block(s): 204, 205, 206, 211, 218, 219 VTD: 00AW SHALLOWFORD VTD: 00AY SILVER LAKE VTD: 00BR VERMACK (Part) Tract: 0212.05 Block(s): 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 510 District: 62 DEKALB COUNTY VTD: 0021 CHAMBLEE SOUTH VTD: 0032 DORAVILLE NORTH (Part) Tract: 0213.01 Block(s): 101A, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 125

Page 819

Tract: 0213.03 Block(s): 109, 110, 111, 112, 113A, 114, 201A, 212A, 220A Tract: 0213.04 Block(s): 101A, 102, 103, 104, 105A, 105B, 106A, 107, 108, 109, 110, 111, 120, 122, 201, 202, 205, 206, 207, 209, 212, 213, 214, 217, 218, 219, 220, 221, 225, 228A, 233A, 307A, 314A, 314B VTD: 0033 DORAVILLE SOUTH VTD: 0034 DRESDEN VTD: 0052 HAWTHORNE VTD: 0053 HENDERSON MILL VTD: 0054 HERITAGE VTD: 0093 NORTHWOODS VTD: 0094 OAK GROVE VTD: 0095 OAKCLIFF (Part) Tract: 0213.02 Block(s): 101B Tract: 0213.03 Block(s): 101B, 113B, 201B, 204, 205, 206C, 207B, 208, 209, 210, 211, 212B, 213, 214, 215, 216, 217, 218, 219, 220B, 224 District: 64 DEKALB COUNTY VTD: 0051 HAMBRICK VTD: 0056 HUGH HOWELL VTD: 0058 IDLEWOOD VTD: 0069 LAVISTA AND LIVSEY (Part) Tract: 0218.06 Block(s): 301, 302, 303, 304, 305, 308 VTD: 00AH REDAN NORTH (Part) Tract: 0233.05 Block(s): 101, 102, 201, 202, 203, 204, 301, 302, 303, 304, 305, 306, 307, 308, 309, 401, 402, 501, 502, 503, 504, 505 Tract: 0233.06 Block(s): 301, 302, 303, 304, 305, 407, 408 VTD: 00AJ REDAN SOUTH (Part) Tract: 0233.06 Block(s): 402

Page 820

VTD: 00AX SILVER HILL (Part) Tract: 0219.03 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 119C, 120B, 121, 122, 139B, 142, 143, 144, 149, 150, 201C, 206B, 208B, 209B, 211B, 213B, 214B, 215B, 247, 325C, 325D, 328B, 335, 336B, 337B, 341B, 344, 348 VTD: 00BB SMOKE RISE VTD: 00BF STONE MILL VTD: 00BP TUCKER (Part) Tract: 0218.09 Block(s): 401, 402, 403, 404, 405, 406, 407 District: 65 DEKALB COUNTY VTD: 0001 ALLGOOD Tract: 0220.02 Block(s): 201C, 405B, 406, 407, 408, 409, 410B, 411B, 412B VTD: 0072 MAINSTREET NORTH VTD: 0073 MAINSTREET SOUTH VTD: 0080 MEMORIAL NORTH VTD: 0081 MEMORIAL SOUTH VTD: 00AC PINE LAKE VTD: 00AH REDAN NORTH (Part) Tract: 0233.06 Block(s): 401 VTD: 00AJ REDAN SOUTH (Part) Tract: 0233.06 Block(s): 403, 405, 406 VTD: 00AM ROCK CHAPEL VTD: 00AQ ROWLAND ROAD VTD: 00AX SILVER HILL (Part) Tract: 0219.03 Block(s): 349B VTD: 00BG STONE MOUNTAIN

Page 821

District: 93 CLAYTON COUNTY VTD: 0004 FOREST PARK 3 (Part) Tract: 0402. Block(s): 909, 921, 923 Tract: 0403.04 Block(s): 206, 225, 226, 227, 231, 232, 233 VTD: 0006 FOREST PARK 5 (Part) Tract: 0403.05 Block(s): 304, 305, 309, 312, 313A, 313B, 315, 316 Tract: 0404.05 Block(s): 104, 105 VTD: 0023 OAK 1 VTD: 0024 OAK 2 AND OAK 3 VTD: 0026 RIVERDALE 1 VTD: 0028 RIVERDALE 3 (Part) Tract: 0405.04 Block(s): 301, 302, 309, 310A, 310B, 310C, 311A, 311B, 312, 315A, 315B, 315C, 329, 330A, 330B, 331, 333A, 333B VTD: 0029 RIVERDALE 4 (Part) Tract: 0405.03 Block(s): 302, 303, 304, 305, 306, 307, 308, 311, 312, 314A, 314B VTD: 0032 RIVERDALE 7 (Part) Tract: 0404.05 Block(s): 106 Tract: 0405.03 Block(s): 301A, 313 VTD: 0033 RIVERDALE 8 (Part) Tract: 0405.04 Block(s): 330C, 333C, 334 Tract: 0405.05 Block(s): 221C, 221D, 224B, 225, 301B, 309, 310D, 311, 312, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520

Page 822

District: 96 CLAYTON COUNTY VTD: 0006 FOREST PARK 5 (Part) Tract: 0404.05 Block(s): 103, 109 VTD: 0027 RIVERDALE 2 VTD: 0028 RIVERDALE 3 (Part) Tract: 0405.05 Block(s): 212, 213, 214, 215, 216, 217, 218, 219, 220, 221A, 222, 224A, 226, 301A, 310A, 310B, 310C VTD: 0029 RIVERDALE 4 (Part) Tract: 0405.03 Block(s): 114, 115, 116, 117A, 117B, 118, 119A, 119B, 119C, 119D, 122, 125, 126, 309, 310, 317 Tract: 0405.06 Block(s): 201, 202, 203, 204, 205, 206, 207A, 208, 209, 210, 211A, 211B, 211C, 212, 213, 214, 215, 216 VTD: 0030 RIVERDALE 5 VTD: 0031 RIVERDALE 6 VTD: 0032 RIVERDALE 7 (Part) Tract: 0404.05 Block(s): 107, 108, 206, 207, 227 Tract: 0405.03 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 120, 121, 123, 301B, 315, 316, 402A, 402B, 402C, 402D, 402E, 403, 404, 405 VTD: 0033 RIVERDALE 8 (Part) Tract: 0405.05 Block(s): 221B VTD: 0038 JONESBORO 4 AND JONESBORO 9 (Part) Tract: 0404.05 Block(s): 308, 309 Tract: 0406.04 Block(s): 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611 VTD: 0039 JONESBORO 10 (Part) Tract: 0405.07 Block(s): 101, 102, 103, 104, 105B, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117

Page 823

Tract: 0406.04 Block(s): 308C, 308D, 308F, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336 Tract: 0406.07 Block(s): 109 District: 110 JASPER COUNTY MONROE COUNTY JONES COUNTY VTD: 0001 BARRON AND CLINTON (Part) Tract: 0301.02 Block(s): 111, 113, 114, 115, 116, 117, 118, 119, 124, 125, 204, 205, 206, 208, 209, 225, 226, 227 Tract: 0302. Block(s): 154, 156, 157, 159, 160, 161, 168, 169, 170, 171, 172, 173, 175, 176, 177, 178, 179, 180, 181, 182, 183, 256A, 257, 258, 259, 260, 261, 262, 293, 294, 295, 301, 307, 308, 309, 311, 312, 313 Tract: 0303. Block(s): 301, 302, 304, 307, 308, 311, 314B, 316B, 316C, 317B, 327, 328, 341, 343, 347, 377, 378, 379 VTD: 0002 FINNEY AND WHITE VTD: 0006 SANDERS LAMAR COUNTY VTD: 0001 BARNESVILLE GMD 533 (Part) Tract: 9701. Block(s): 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 380A, 380B, 381A, 381B, 382, 383, 384, 385, 386, 387 Tract: 9702. Block(s): 143, 144B, 155B, 167, 168, 169, 170, 419, 420, 421, 422, 423, 424, 501, 502B, 503B, 504B, 506, 509, 510, 511, 512, 513, 514, 515, 516, 517, 521, 557, 558, 559, 560, 561, 562, 563, 564, 565, 566, 567, 568, 569, 570, 571, 572, 573, 574 Tract: 9703. Block(s): 105, 106, 301, 302, 303, 304, 305, 306B, 307B, 338, 339, 401, 402, 403, 404, 405, 406, 427, 428, 429, 430C, 437, 438, 439, 440A, 442, 443, 444,

Page 824

467A, 470, 471, 473, 474A VTD: 0005 REDBONE GMD 539 VTD: 0006 PIEDMONT GMD 1494 District: 112 COLUMBIA COUNTY VTD: 0001 PRECINCT TEN (Part) Tract: 0304. Block(s): 321, 322, 323, 330, 331, 332, 333, 334, 335, 447, 448, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 539, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 553, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616 VTD: 0003 PRECINCT TWENTYFIVE VTD: 0005 PRECINCTS FORTY AND FIFTY LINCOLN COUNTY VTD: 9002 1B (Part) Tract: 9701. Block(s): 301A, 302A, 304A, 304B, 305, 306, 307, 308, 309, 316, 320, 328, 329 VTD: 9003 2 VTD: 9004 3A VTD: 9005 3B VTD: 9006 4 MCDUFFIE COUNTY VTD: 0001 THOMSON VTD: 0002 DEARING (Part) Tract: 9505. Block(s): 101, 102, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134A, 134B, 135, 136, 137, 138, 139, 141, 142, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 168, 169, 170, 171, 172, 173A, 173B, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232,

Page 825

233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 301A, 301B, 302A, 302B, 303, 304, 305, 306A, 306B, 307A, 307B, 308, 309, 310, 311, 312, 313, 314, 315A, 315B, 316A, 316B, 317A, 317B, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333A, 333B, 334, 335, 336, 337A, 337B, 338, 339, 340, 341, 342, 343A, 343B, 344A, 344B, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451A, 451B, 451C, 452, 453, 454, 455, 456, 457 VTD: 0003 MT. AUBURN VTD: 0004 WRIGHTSBORO District: 113 COLUMBIA COUNTY VTD: 0001 PRECINCT TEN (Part) Tract: 0304. Block(s): 537, 538, 701, 702, 703, 704, 705 VTD: 0007 PRECINCT SIXTY VTD: 0008 PRECINCT SEVENTY VTD: 0009 PRECINCT EIGHTY (Part) Tract: 0302.03 Block(s): 209, 301, 302, 303, 309 VTD: 0011 PRECINCT ONE HUNDRED VTD: 0012 PRECINCT ONE HUNDRED TEN VTD: 0013 PRECINCT ONE HUNDRED TWENTY VTD: 0014 PRECINCT ONE HUNDRED THIRTY VTD: 0015 PRECINCT ONE HUNDRED THIRTYFIVE VTD: 0016 PRECINCT SIXTYFIVE VTD: 0017 PRECINCT ONE HUNDREDTWENTYFIVE

Page 826

VTD: 0018 PRECINCT EIGHTYFIVE PROVIDED, HOWEVER, that District 113 shall not include any portion of the City of Augusta located in Columbia County; and for this purpose the corporate limits of the City of Augusta shall be those determined by the laws of the State of Georgia and not those shown on the census map for the United States decennial census of 1990 for the State of Georgia. District: 114 COLUMBIA COUNTY VTD: 0009 PRECINCT EIGHTY (Part) Tract: 0302.03 Block(s): 201, 202, 203, 204, 205, 206, 210, 211, 212 VTD: 0010 PRECINCT NINETY PROVIDED, HOWEVER, that District 114 shall include, in addition to the above-described territory in Columbia County, any portion of the City of Augusta located in Columbia County, and for this purpose the corporate limits of the City of Augusta shall be those determined by the laws of the State of Georgia and not those shown on the census maps for the United States decennial census of 1990 for the State of Georgia. RICHMOND COUNTY VTD: 0022 8A (Part) Tract: 0016. Block(s): 207A, 208A, 213A, 226A VTD: 0055 89-10 (Part) Tract: 0016. Block(s): 203, 204, 207B, 207C, 208B, 213B, 221, 222, 223, 226B, 227C, 229, 302, 303, 304, 305, 306, 307, 308, 311, 312, 315, 316, 319, 320, 321, 322, 323 VTD: 0056 90-1 (Part) Tract: 0101.04 Block(s): 401, 402, 403, 404, 405, 407, 408, 409, 410, 901, 902, 903, 904, 905, 906, 907, 908, 909, 910, 911, 912 VTD: 0057 90-2

Page 827

VTD: 0058 90-3 VTD: 0060 90-5 VTD: 0066 FG4 District: 123 WILKINSON COUNTY TWIGGS COUNTY JONES COUNTY VTD: 0001 BARRON AND CLINTON (Part) Tract: 0301.02 Block(s): 108 Tract: 0302. Block(s): 174, 302, 303, 304, 305, 306, 310 Tract: 0303. Block(s): 303, 305, 306, 309, 310, 312, 313B, 318B, 320, 321, 322, 323, 329, 330, 331, 332, 333, 334, 345, 346, 349, 351, 352, 353, 354, 355, 356, 357, 465B VTD: 0003 GRAY VTD: 0004 POPE VTD: 0005 ROBERTS VTD: 0007 DAVIDSON VTD: 0008 ROBERTS 4 District: 128 BIBB COUNTY VTD: 0045 WA 01 (Part) Tract: 0136.01 Block(s): 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424 Tract: 0136.02 Block(s): 401, 402, 403, 404, 405, 406, 407, 414, 504, 505, 506, 507, 508, 509, 513, 514, 515, 516, 517, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610 VTD: 0048 HAZARD 04 CRAWFORD COUNTY VTD: 0003 3 VTD: 0004 4 VTD: 0005 5 (Part)

Page 828

Tract: 0702. Block(s): 126, 128, 131, 132, 170, 171, 172, 173, 174, 175, 176, 177, 178, 184, 185, 186, 187, 188, 189, 190, 191, 195, 196, 197, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 241, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 301, 302, 303, 346, 347, 348, 349, 350, 351, 352, 353, 356 VTD: 001A 1A (Part) Tract: 0702. Block(s): 304, 305, 306, 307, 308, 309, 310, 317, 318, 319, 323, 324, 325, 327, 328, 340, 341, 342, 343, 344, 345, 354, 355, 357, 358, 359, 387, 389, 390, 391, 392, 394, 395, 396, 397 HOUSTON COUNTY VTD: 0001 RUMB (Part) Tract: 0207. Block(s): 201A, 201B, 204A, 204B, 204C Tract: 0211.01 Block(s): 101A, 101B, 115A, 115B VTD: 0003 MSSH (Part) Tract: 0201.03 Block(s): 301A, 303 VTD: 0004 RECR (Part) Tract: 0201.02 Block(s): 222, 223 Tract: 0201.03 Block(s): 301B Tract: 0203. Block(s): 101A Tract: 0206. Block(s): 101, 102A, 102B, 102C, 102D, 102E, 103, 201, 202A, 202B, 202C, 202D, 202E, 203, 204A, 204B, 205, 206, 207A, 207B, 208, 901A, 901B, 901C, 901D, 901E, 901F, 901G, 901H, 901J, 901K, 901L, 906, 907A, 907B, 907C, 908A, 908B, 909A, 909B VTD: 0008 NSJH (Part) Tract: 0201.02

Page 829

Block(s): 201, 202, 219, 220, 221, 227, 228, 229, 230, 231, 301A, 301B, 301C, 302A, 302B, 302C, 303A, 303B, 304, 305, 306A, 306B, 306C, 308, 309A, 309B, 401A, 401B, 401C, 401D, 401E, 401F, 401G, 401H, 401J, 402, 403, 404, 405, 406, 407, 408, 409, 411, 412, 414, 415, 417, 418, 419, 420, 426, 427, 428 VTD: 0012 CENT (Part) Tract: 0201.01 Block(s): 101, 102A, 102B, 102C, 103, 104, 105A, 105B, 106A, 106B, 107, 108A, 108B, 109A, 109B, 110, 111A, 111B, 201A, 201B, 201C, 202, 203, 204, 205, 206A, 206B, 207A, 207B, 207C, 207D, 207E, 208A, 208B, 208C, 209, 210A, 210B, 210C, 211, 212A, 212B, 212C, 213A, 213B, 214A, 214B, 215A, 215B, 216A, 216B, 218A, 218B, 218C, 218D, 218E, 219A, 219B, 219C, 219D, 220, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 401, 402, 403, 404, 405, 406A, 406B, 406C, 407A, 407B, 407C, 408A, 408B, 408C, 409 Tract: 0201.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218 PEACH COUNTY VTD: 0005 DISTRICT 1 VTD: 0010 DISTRICT 2 AND CLAUDE AND POWERSVILLE (Part) Tract: 0401. Block(s): 104, 106, 119, 120, 121, 122, 123, 124, 125A, 125B, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 144, 316, 317, 322, 323, 324, 325, 326, 327, 328, 329 Tract: 0402. Block(s): 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129B, 130, 131, 132, 133, 134, 135, 136, 137B, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 157B, 201, 202, 203, 204, 211B Tract: 0403.01

Page 830

Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 122 VTD: 0020 BYRON (Part) Tract: 0401. Block(s): 101A, 101B, 101C, 102, 103, 105, 107, 108, 109A, 109B, 110A, 110B, 111, 112A, 112B, 113A, 113B, 114A, 114B, 115, 116, 117, 118, 145, 201, 202A, 202B, 203, 204, 205, 206, 207, 208, 209A, 209B, 210, 211A, 211B, 212A, 212B, 213A, 213B, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229A, 229B, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248A, 248B, 249, 250A, 250B, 251, 252, 253, 254, 255, 256, 257, 258, 259A, 259B, 260A, 260B, 260C, 261, 262, 263, 264, 265, 266, 267, 268A, 268B, 269, 270, 271, 272A, 272B, 273A, 273B, 274, 275, 276, 277, 278, 279, 280, 301, 302, 303, 304, 305A, 305B, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 318, 319, 320, 321, 401, 402, 403, 404, 405, 406 Tract: 0402. Block(s): 101, 102, 103, 104 District: 137 CHATTAHOOCHEE COUNTY VTD: 0001 CUSSETA (Part) Tract: 0201. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 114B, 115A, 115B, 116A, 116B, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134A, 134B, 135A, 135B, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159A, 159B, 160, 161A, 161B, 162A, 162B, 163, 164A, 164B, 165A, 165B, 165C, 166A, 166B, 167, 168, 169A, 169B, 170A, 170B, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222,

Page 831

223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250 Tract: 0202. Block(s): 901D, 905, 906, 907, 908, 909, 910, 911, 912, 913, 914, 915, 916, 917, 918, 919 MARION COUNTY VTD: 0010 DRANEVILLE VTD: 0015 DOYLE VTD: 0020 TAZEWELL VTD: 0025 FORT PERRY VTD: 0030 PINEKNOT VTD: 0035 BRANTLEY MERIWETHER COUNTY VTD: 0005 WOODBURY-LOWER NINTH VTD: 0006 CHALYBEATE AND LOVE VTD: 0007 GILL ONE (Part) Tract: 9705. Block(s): 290A, 290B, 291, 292, 301, 323, 324, 326, 327, 328, 628, 630, 633, 634, 635, 636, 637, 638, 641, 642, 643, 644, 645, 646, 701A, 701B, 702, 703, 704A, 704B, 705A, 705B, 706, 707, 708, 709, 710, 711, 712, 713, 714B, 715, 717, 718, 719, 720, 721, 722, 725, 726, 727, 728, 729, 730, 731, 732, 733, 734, 735, 738, 739 VTD: 0009 WARM SPRINGS 0010 DURAND SCHLEY COUNTY VTD: 0001 SCHLEY PRECINCT (Part) Tract: 9601. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178A, 178B, 179, 180A, 180B, 186, 187, 188, 189, 190, 191, 192, 194, 195A, 195B, 196, 209, 210, 211, 212, 213, 214, 215A, 215B, 216, 217A, 217B, 218, 219, 220, 221, 222A, 222B, 223A, 223B, 224A, 224B, 225, 226, 227, 228, 229, 230, 231, 232, 233,

Page 832

234, 235, 236, 237, 238, 239, 240, 241, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253A, 253B, 254, 256, 257A, 257B, 258A, 258B, 259A, 259B, 260, 261, 262A, 262B, 263 Tract: 9602. Block(s): 101, 102, 103, 104, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197 SUMTER COUNTY VTD: 0025 CONCORD NEW 26 VTD: 0035 AMERICUS 27 (Part) Tract: 9502. Block(s): 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 114B, 114C, 127, 128, 129, 132, 133, 134, 135, 136, 137, 138, 139, 140A, 140B, 141A, 141C, 141D, 142, 149A, 149C, 150, 151, 152, 301A, 301B, 301C, 301E, 302, 307, 308, 309, 311A, 311B, 312A, 312B, 312C, 313, 314, 315A, 315B, 315C, 316A, 316B, 317, 318, 319, 320, 321A, 321B, 322, 323, 402, 403, 404, 405, 406, 407, 408, 409A, 409B, 409C, 409D, 409E, 410, 411, 412A, 412B, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430 Tract: 9503. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 201, 202, 203, 204, 205A, 205B, 205C, 205D, 205E, 205F, 205G, 205H, 205J, 205K, 205L, 206A, 206B, 206C, 206D, 207A, 207B, 207C, 208A, 208B, 208C, 209A, 209B, 209C, 210, 211A, 211B, 211C, 211D, 212A, 212B, 213A, 213B, 214A, 214B, 214C, 216A, 216B, 216C, 217A, 217B, 217C, 217D, 217E, 217F, 217G, 217H, 217J, 218A, 218B, 218C, 219, 221, 222, 223, 224, 225, 501, 502, 503, 504,

Page 833

505, 506, 507, 508, 509 Tract: 9505. Block(s): 114B, 114C, 114D, 115, 118, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 220, 221, 222, 223, 224A, 224B, 224C, 225, 226A, 226B, 227, 228, 229, 233A, 233B, 233C, 234, 235 Tract: 9506. Block(s): 101, 126, 128, 129, 130, 145, 146, 147, 148, 149, 216, 217, 218, 219, 220, 221, 222, 223, 316, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328 Tract: 9507. Block(s): 104, 105A, 105B, 106A, 106B, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 123, 124, 125, 126, 201A, 201B, 201C, 201D, 202, 203, 204, 207B, 208, 209, 210, 211, 212, 213, 214, 215, 216A, 216B, 217, 218, 219, 220A, 220B, 220C, 220D, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246A, 246B, 247, 248, 249, 250, 318, 319, 320, 321, 322, 323, 401A, 401B, 401C, 402A, 402B, 402C, 403A, 403B, 404A, 404B, 405, 406, 407A, 407B, 407C, 408A, 408B, 409A, 409B, 409C, 409D, 409E, 409F, 409G, 410, 411, 412, 413, 414A, 414B, 414C, 414D, 415A, 415B, 415C, 415D, 416A, 416B, 416C, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 432, 435 VTD: 0040 CHAMBLISS 28 (Part) Tract: 9501. Block(s): 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 192, 193, 194, 195, 196, 197 Tract: 9502. Block(s): 101, 102, 103, 104, 130, 131, 153, 154, 155, 401, 431, 432, 433 Tract: 9507. Block(s): 101, 102, 103, 119 Tract: 9508.

Page 834

Block(s): 202, 203 VTD: 0045 ANDERSONVILLE TALBOT COUNTY VTD: 3002 FLINT HILL VTD: 3003 GENEVA VTD: 3004 JUNCTION CITY VTD: 3006 PRATTSBURG VTD: 3007 TALBOTTON VTD: 3008 VALLEY TAYLOR COUNTY VTD: 0001 1 (Part) Tract: 9503. Block(s): 106A, 118, 119, 129, 142, 143, 201A, 201B, 229A, 230, 231, 232A, 233, 234, 235 VTD: 0002 2 VTD: 0003 3 VTD: 0004 4 VTD: 0005 5 (Part) Tract: 9503. Block(s): 395, 396, 397 Tract: 9504. Block(s): 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297 VTD: 0006 6 (Part) Tract: 9502. Block(s): 289, 290, 291, 292, 293 Tract: 9503. Block(s): 103, 105, 106B, 109, 131A, 132, 138, 139, 140, 141, 201C, 202, 218, 220, 224, 225, 226, 227, 228B, 229B, 232B, 250B, 251B, 259, 260, 261, 262, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 336A, 336B, 337, 338, 339, 340, 341, 342,

Page 835

343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, 384, 385, 386, 387, 388, 389, 390, 391, 392, 393, 394 Tract: 9504. Block(s): 238 VTD: 0008 8 VTD: 0009 9 District: 138 PULASKI COUNTY CRISP COUNTY VTD: 0001 CORDELE (Part) Tract: 9801. Block(s): 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 121, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 149, 150, 156, 157, 158, 159A, 159B, 160, 161, 162, 163A, 163B, 164, 165, 166, 167, 168, 169, 170, 201, 202, 203, 207, 208, 209, 210, 214, 215A, 215B, 215C, 215D, 215E, 216A, 216B, 217, 218, 219, 220, 221, 222A, 222B, 222C, 223A, 223B, 224A, 224B, 225, 226, 227, 228, 229, 230A, 230B, 231A, 231B, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252A, 252B, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263B, 264B, 265B, 266B, 267, 268, 269, 301A, 301B, 302, 303A, 303B, 304, 305A, 305B, 306B, 306C, 319, 322, 323A, 323B, 324A, 324B, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363 Tract: 9802. Block(s): 101, 102, 103, 104, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143A, 143B, 144A, 144B, 145, 146, 147, 148, 149, 150, 168A, 168B, 168C, 168D, 168E, 168F, 169, 170, 171, 172, 175, 176, 177, 178, 184, 185, 186,

Page 836

187, 193, 194, 195, 196B, 197B, 328, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 501, 502, 550, 551, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 618, 619 Tract: 9803. Block(s): 113, 118, 119, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 172, 173, 201, 202A, 202B, 202C, 203A, 203B, 204A, 204B, 205A, 205B, 206A, 206B, 207, 208, 209, 210, 211, 212, 213, 214A, 214B, 215, 216A, 216B, 217, 218A, 218B, 219A, 219B, 220A, 220B, 221A, 221B, 221C, 222, 223, 224A, 224B, 224C, 225, 226A, 226B, 227, 228A, 228B, 229A, 229B, 230A, 230B, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255A, 255B, 255C, 256A, 256B, 256C, 256D, 256E, 256F, 257A, 257B, 258A, 258B, 258C, 259A, 259B, 260A, 260B, 261A, 261B, 262A, 262B, 263A, 263B, 264, 265, 266A, 266B, 267A, 267B, 268A, 268B, 269, 270, 271, 301, 302, 303, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 355, 356, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370 Tract: 9804. Block(s): 101, 102, 103, 104, 105, 106, 107A, 107B, 107C, 107D, 108A, 108B, 109A, 109B, 110A, 110B, 111A, 111B, 112A, 112B, 113A, 113B, 114, 115, 116A, 116B, 117A, 117B, 118A, 118B, 119, 120A, 120B, 120C, 121A, 121B, 122A, 122B, 123, 124, 125A, 125B, 126A, 126B, 126C, 127, 128, 129, 130, 131, 132, 133A, 133B, 134A, 134B, 134C, 135A, 135B, 136, 137A, 137B, 138A, 138B, 139, 140, 141A, 141B, 141C, 142, 143, 144, 145, 146, 147, 148, 149, 150, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 301,

Page 837

302, 307, 308, 309, 310, 319, 320, 327, 328, 329, 330, 335, 336, 337, 338, 339, 401, 402A, 402B, 403, 404, 405A, 405B, 406A, 406B, 406C, 407A, 407B, 407C, 408, 409A, 409B, 410A, 410B, 411, 412, 413, 414A, 414B, 414C, 414D, 414E, 415A, 415B, 415C, 416, 417, 418A, 418B, 432, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 501A, 501B, 502A, 502B, 503A, 503B, 503C, 504, 505, 506, 507, 508, 509, 510, 511A, 511B, 512, 513, 514A, 514B, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527A, 527B, 528A, 528B, 528C, 528D, 529A, 529B, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544 Tract: 9805. Block(s): 101, 102, 103, 104, 105, 106, 107, 114, 115, 116, 117, 118, 119, 120 VTD: 0002 LISTONIA VTD: 0003 HATLEY VTD: 0004 ARABI VTD: 0005 JAMESTOWN VTD: 0006 CONEY DOOLY COUNTY VTD: 0002 SIXTH 1012 VTD: 0003 THIRD 516 (Part) Tract: 9701. Block(s): 189, 190, 191, 193, 194, 350, 352, 353, 354, 356, 357, 358, 359, 360 Tract: 9703. Block(s): 101, 102, 103, 108, 110, 111, 112, 113, 130 HOUSTON COUNTY VTD: 0001 RUMB (Part) Tract: 0207. Block(s): 202, 203A, 203B, 203C, 203D, 205A, 205B, 205C, 206, 207, 208A, 208B, 307A, 307B, 308A, 308B, 308C Tract: 0211.01 Block(s): 102A, 102B, 103A, 103B, 104A, 104B, 105A, 105B, 105C, 105D, 106, 107, 108A, 108B, 108C, 108D, 108E, 109, 110, 114A, 114B VTD: 0009 LII VTD: 0010 UII (Part) Tract: 0211.02

Page 838

Block(s): 101A, 101B, 114B, 115A, 115B, 116A, 116B, 117, 118, 121, 122, 123, 124, 129, 140, 141, 301, 304 Tract: 0211.03 Block(s): 101, 102, 103, 104, 105, 201, 202, 203A, 203B, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 301, 302, 303, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 337, 338, 339, 340, 341, 342, 343, 344, 345 VTD: 0011 10TH (Part) Tract: 0211.02 Block(s): 302, 303, 305, 306, 307, 308, 309, 310, 311, 312, 313 Tract: 0211.03 Block(s): 334, 335, 336 Tract: 0212. Block(s): 101, 102, 103, 109, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 201, 202, 203 VTD: 0015 12TH (Part) Tract: 0215.02 Block(s): 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 201, 202, 203, 205, 206, 207, 208, 209, 210, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 231, 237, 238, 239, 240, 241 VTD: 0016 TOWN (Part) Tract: 0212. Block(s): 204, 207, 208, 209, 210, 211A, 211B, 212, 213B, 214, 215, 303A, 303B, 508, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624, 625, 626, 627, 628, 629, 630, 631, 701, 702, 703, 704, 709, 710 Tract: 0213. Block(s): 311D, 314, 315, 316, 317, 428A, 428B, 429B, 430B, 431, 432 Tract: 0214.

Page 839

Block(s): 111, 112, 113, 114, 115, 116, 117, 118, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 301, 302, 303, 304, 305A, 305B, 306A, 306B, 307A, 307B, 308, 309, 310, 311, 312, 313A, 313B, 313C, 314, 315, 316, 317, 318A, 318B, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328A, 328B, 329, 330, 331, 332, 401, 402A, 402B, 407, 408, 507, 525, 526, 527, 528, 529, 530 Tract: 0215.02 Block(s): 143B, 144, 145 District: 140 MACON COUNTY CRAWFORD COUNTY VTD: 0002 2 VTD: 001A 1A (Part) Tract: 0702. Block(s): 321, 322, 326, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 382, 383, 384, 385, 386, 388, 393 VTD: 001B 1B DOOLY COUNTY VTD: 0001 VIENNA 535 (Part) Tract: 9703. Block(s): 218, 219, 221A, 221B, 222A, 222B, 223, 225, 226B, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 254, 255, 311, 313A, 313B, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 333, 334, 336, 337, 338, 339, 340, 341A, 341B, 342, 343A, 343B, 344A, 344B, 345A, 345B, 346, 347, 348, 349, 350, 351, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 382, 383, 384, 385, 389, 390, 391, 392, 393, 394, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421,

Page 840

422, 423, 424, 425, 426A, 426B, 427, 428, 429A, 429B, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440A, 440B, 441, 442, 443A, 443B, 444, 445, 446, 447, 448, 449A, 449B, 450A, 450B, 451A, 451B, 452, 453, 454, 455, 456, 515A, 516, 517, 518, 519, 520, 521, 522, 523A, 523B, 524A, 572A, 572B, 573, 574, 575, 576, 577, 578A, 578B, 580A, 580B, 582, 587, 588, 589 VTD: 0004 DRAYTON 633 VTD: 0006 BYROMVILLE 585 VTD: 0007 DOOLING 640 VTD: 0010 LILLY 1671 PEACH COUNTY VTD: 0010 DISTRICT 2 AND CLAUDE AND POWERSVILLE (Part) Tract: 0401. Block(s): 140, 141, 142, 143, 330, 331 Tract: 0402. Block(s): 129A, 137A, 138, 151, 152, 153A, 153B, 154, 155, 156, 157A, 158, 159, 175, 176, 205, 206, 207A, 207B, 208, 209, 210, 211A, 212, 213, 214, 215, 216, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 232, 233, 236, 237, 238, 239, 240, 241A, 241B, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257A, 257B, 258, 259, 260, 261, 262, 263, 264 Tract: 0403.01 Block(s): 127A, 127B, 128, 129, 130, 131A, 131B, 132A, 132B, 133, 135 Tract: 0404. Block(s): 101, 102, 103, 104, 105, 106, 107, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 160A, 160B VTD: 0015 DISTRICT 3 SCHLEY COUNTY VTD: 0001 SCHLEY PRECINCT (Part) Tract: 9601. Block(s): 148, 149, 150, 151, 152, 153A, 153B, 153C, 154, 181, 182, 183A, 183B, 184, 185, 193, 197, 201, 202, 203A, 203B, 204, 205, 206A, 206B, 207, 208, 242, 243, 255 Tract: 9602.

Page 841

Block(s): 105, 106, 107, 180 TAYLOR COUNTY VTD: 0001 1 (Part) Tract: 9502. Block(s): 273, 274, 276, 277 Tract: 9503. Block(s): 110, 111, 112A, 112B, 112C, 113, 114, 115, 116, 117A, 117B, 120A, 120B, 121, 122, 123, 124, 125, 126, 127, 128, 130, 131B, 133, 134, 135, 136, 137, 221, 222, 223A, 223B, 228A, 236, 237, 238, 239, 240, 242, 245, 246A, 246B, 247, 248, 249, 250A, 251A, 252, 253, 254, 255, 256, 257, 301, 302, 303, 304, 305, 331, 333 VTD: 0006 6 (Part) Tract: 9503. Block(s): 241, 243, 244, 258, 306, 325, 326, 327, 328, 329, 330, 332, 334, 335 VTD: 0007 7 District: 141 CRISP COUNTY VTD: 0001 CORDELE (Part) Tract: 9801. Block(s): 118, 119, 120, 122, 123, 124, 204, 205A, 205B, 206, 211, 212, 213, 263A, 264A, 265A, 266A, 306A, 307A, 307B, 308A, 308B, 308C, 308D, 309A, 309B, 310, 311, 312, 313, 314, 315, 316, 317, 318, 320, 321, 364, 365, 366, 367 Tract: 9802. Block(s): 173A, 173B, 173C, 173D, 173E, 173F, 173G, 174A, 174B, 179A, 179B, 179C, 180, 181, 182A, 182B, 182C, 183, 196A, 197A, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327A, 327B, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412A, 412B, 412C, 413A, 413B, 414A, 414B, 415A, 415B, 416A, 416B,

Page 842

417A, 417B, 418, 419, 420A, 420B, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 453, 454A, 454B, 454C, 454D Tract: 9803. Block(s): 304, 305, 306, 307, 308, 309, 310, 311, 324, 325, 326, 327, 328, 329, 330, 351, 352, 353, 354, 357, 358, 359, 360 Tract: 9804. Block(s): 303, 304, 305, 306, 311, 312, 313, 314, 315, 316, 317, 318, 321, 322, 323, 324, 325, 326, 331, 332, 333, 334, 340, 341A, 341B, 419, 420A, 420B, 420C, 420D, 420E, 421, 422, 423A, 423B, 423C, 424A, 424B, 425, 426, 427, 428A, 428B, 428C, 429, 430, 431, 433 DOOLY COUNTY VTD: 0001 VIENNA 535 (Part) Tract: 9703. Block(s): 166, 167, 168, 169, 170, 224A, 224B, 226A, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 509, 510, 511, 512, 513, 514, 515B, 524B, 525, 526, 527, 528, 529, 530, 531, 532, 556, 558, 559, 560, 562, 563, 564, 565, 566, 567, 568, 569, 570, 571, 579, 581, 583, 584, 585, 586 VTD: 0003 THIRD 516 (Part) Tract: 9701. Block(s): 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 192 VTD: 0005 FINDLAY 1552 VTD: 0008 PINEHURST 1479 VTD: 0009 UNADILLA 1466 HOUSTON COUNTY VTD: 0001 RUMB (Part) Tract: 0205. Block(s): 217, 218, 219, 220, 236, 237, 238, 239, 240A, 240B, 241A, 241B, 242, 243, 244, 245, 246 Tract: 0207. Block(s): 101A, 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 301, 302, 303, 304, 305, 306, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 412, 413, 414, 415, 416, 417, 418 Tract: 0208.

Page 843

Block(s): 401, 402 VTD: 0003 MSSH (Part) Tract: 0201.03 Block(s): 302, 304, 305, 306A, 306B, 308A, 308B, 309, 310, 311, 312, 313A, 313B, 314, 315, 316, 317, 318, 319 Tract: 0202. Block(s): 101 Tract: 0203. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410 Tract: 0204. Block(s): 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124 VTD: 0004 RECR (Part) Tract: 0201.03 Block(s): 307A, 307B Tract: 0203. Block(s): 101B, 102A, 102B, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 114B, 115, 116, 301 Tract: 0204. Block(s): 101A, 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 126 Tract: 0205. Block(s): 101A, 101B, 102, 103, 104, 105, 113A, 113B, 114A, 114B Tract: 0206. Block(s): 902, 903, 904, 905 VTD: 0008 NSJH (Part) Tract: 0201.01 Block(s): 117, 118A, 118B Tract: 0201.02 Block(s): 224, 225, 226, 307A, 307B, 307C, 410, 413, 416, 421, 422A, 422B, 423, 424, 425 VTD: 0011 10TH (Part) Tract: 0212. Block(s): 104, 105, 106, 107, 108, 110, 206 VTD: 0012 CENT (Part)

Page 844

Tract: 0201.01 Block(s): 112A, 112B, 113, 114, 115, 116, 217, 221, 222A, 222B, 223, 313, 314, 410, 411A, 411B, 412 Tract: 0202. Block(s): 408 VTD: 0013 ANNX (Part) Tract: 0211.01 Block(s): 302A, 302B, 303, 304, 305, 306 Tract: 0211.02 Block(s): 201, 202, 203, 204, 206, 207, 208, 209, 210, 211, 212 VTD: 0014 N13 VTD: 0015 12TH (Part) Tract: 0215.02 Block(s): 204, 211, 224, 225, 226, 227, 228, 229, 230, 232, 233, 234, 235, 236, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297 VTD: 0016 TOWN (Part) Tract: 0212. Block(s): 205, 213A, 301, 302, 304A, 304B, 305, 306, 307, 308, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 501, 502, 503, 504, 505, 506, 507, 509, 535, 536, 537, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 632, 705, 706, 707, 708, 711, 712, 713, 714, 715, 716, 717 Tract: 0213. Block(s): 101, 102A, 102B, 103A, 103B, 104, 105, 106, 107, 108, 109A, 109B, 110, 111, 112, 113A, 113B, 113C, 114, 115A, 115B, 115C, 115D, 116, 117A, 117B, 117C, 118, 119A, 119B, 119C, 120, 121A, 121B, 121C, 122, 123, 124, 125, 126, 127, 128, 129A, 129B, 129C, 130, 131, 132, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 301, 302A, 302B, 303, 304, 305, 306, 307, 308, 309A, 309B, 310, 311A, 311B, 311C, 312, 313A, 313B, 313C, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 333, 334, 335, 336,

Page 845

401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427A, 427B, 429A, 430A Tract: 0214. Block(s): 101A, 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 119, 120A, 120B, 121, 403, 404, 405A, 405B, 406A, 406B, 406C, 508, 509, 510, 513 District: 159 WEBSTER COUNTY TERRELL COUNTY LEE COUNTY VTD: 0001 CHOKEE VTD: 0003 LEESBURG (Part) Tract: 0202. Block(s): 160, 162, 163, 192, 194, 195, 196 Tract: 0203. Block(s): 202, 203, 204, 205, 211, 402, 403, 404, 405, 413, 414, 416, 417, 418, 419, 420, 421A, 421B, 422, 423, 425, 426, 427, 428, 429, 431A, 434A, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 473, 474, 485A, 485B, 486, 487, 490, 491, 493, 494, 495, 496, 497, 514, 516, 517, 518, 519, 520, 521, 522, 523, 524, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 548, 549 VTD: 0006 SMITHSVILLE SUMTER COUNTY VTD: 0005 LESLIE 15 VTD: 0010 SUMTER CITY NEW 16 VTD: 0015 HUNTINGTON OLD 16 VTD: 0020 THOMPSON 17 VTD: 0030 PLAINS OLD 26 VTD: 0035 AMERICUS 27 Tract: 9502. Block(s): 115A, 115B, 115C, 115D, 116A, 116B, 117A, 117B, 118A, 118B, 118C, 119A, 119B, 120A, 120B, 121A, 121B, 122A, 122B, 123A, 123B, 124A, 124B, 125, 126, 141B, 143A, 143B, 144A, 144B, 145, 146A, 146B, 146C, 146D, 147A,

Page 846

147B, 148A, 148B, 148C, 149B, 156, 157, 158A, 158B, 159A, 159B, 201A, 201B, 201C, 202A, 202B, 203A, 203B, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 301D, 303A, 303B, 304, 305, 306, 310 Tract: 9503. Block(s): 133, 134, 135A, 135B, 135C, 135D, 136, 137A, 137B, 138, 139A, 139B, 140A, 140B, 141, 142A, 142B, 143, 144, 215A, 215B, 215C, 220, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 510, 511, 512, 513, 514A, 514B, 515, 516, 517, 518, 519A, 519B, 520A, 520B, 520C, 521A, 521B, 521C, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535A, 535B, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546 Tract: 9504. Block(s): 319, 320 Tract: 9505. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 116, 117, 119, 201, 202, 203, 204A, 204B, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215A, 215B, 216A, 216B, 216C, 216D, 217A, 217B, 217C, 218, 219, 230, 231, 232A, 232B, 236, 237, 238, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 326B, 327, 328, 329, 331, 332, 333, 334 Tract: 9506. Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 127, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315,

Page 847

317 Tract: 9507. Block(s): 205, 206A, 206B, 206C, 207A, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317 VTD: 0040 CHAMBLISS 28 (Part) Tract: 9507. Block(s): 120, 121, 122 Tract: 9508. Block(s): 204, 205 District: 162 DOUGHERTY COUNTY VTD: 0013 FLINTSIDE ELEMENTARY SCH VTD: 0014 CARVER TEEN CENTER (Part) Tract: 0014.02 Block(s): 103, 104, 105, 106, 111, 112, 113, 218, 219 Tract: 0015. Block(s): 119, 120, 121, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 313, 314, 315, 320, 321 VTD: 0015 CARVER JR HIGH GYM VTD: 0019 TURNER ELEMENTARY SCHOOL (Part) Tract: 0001. Block(s): 303, 312, 313, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 422 Tract: 0002. Block(s): 101, 102, 114, 115, 119, 121, 132, 202, 203, 204, 205, 206, 207, 208, 209, 210, 224 Tract: 0103.01 Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158 Tract: 0103.02 Block(s): 114 VTD: 0020 JACKSON HEIGHTS ELEM SCH

Page 848

VTD: 0021 BILL MILLER GYM AND ALBANY STATE COLLEGE VTD: 0023 PUTNEY YOUTH CENTER (Part) Tract: 0110. Block(s): 101, 102, 103, 104, 113, 114, 201, 202, 203, 204, 205, 206, 207, 210, 218, 219, 220, 221, 222, 223, 224, 225, 226, 229, 237, 238, 239, 240 Tract: 0111. Block(s): 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150 VTD: 0024 MOCK ROAD ELEMENTARY SCH VTD: 0025 DOUGHERTY JR HIGH SCHOOL (Part) Tract: 0001. Block(s): 101A, 102, 103A, 107A, 108A, 109, 110, 111, 112, 113, 114, 115, 201, 202, 203, 204, 205, 206, 301, 302, 304, 305, 306, 307, 308, 309, 310, 311, 314, 315, 316, 317, 318, 319, 413, 414, 415, 416, 417, 418, 419, 420, 421, 423, 424, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527A, 527B, 528, 529, 530, 531, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610A, 610B, 611 Tract: 0002. Block(s): 201, 211, 212, 213, 218, 220, 221, 222, 226, 227, 228 Tract: 0101. Block(s): 208A Tract: 0107. Block(s): 102, 103, 134, 135A, 135B, 136, 137, 138, 139, 140, 142, 143, 144, 145, 146 VTD: 0027 SYLVANDALE ELEMENTARY SCH (Part) Tract: 0103.02 Block(s): 112, 113, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 519, 520, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618

Page 849

District: 163 DOUGHERTY COUNTY VTD: 0001 NATIONAL GUARD ARMORY VTD: 0002 NW LIBRARY VTD: 0003 PORTERFIELD METH CH GYM VTD: 0004 LOWER DEERFIELD-WINDSOR VTD: 0005 WESTOVER HIGH SCHOOL VTD: 0006 MERRY ACRES JR HIGH SCH VTD: 0008 ALBANY JR COLLEGE (Part) Tract: 0010. Block(s): 214, 215 Tract: 0104.01 Block(s): 208B, 210, 211, 212 Tract: 0104.02 Block(s): 101, 102A, 102B, 103A, 104, 105, 106, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122 VTD: 0019 TURNER ELEMENTARY SCHOOL (Part) Tract: 0103.01 Block(s): 101A VTD: 0026 BRANCH ROAD PRECINCT VTD: 0028 SCOTTISH RITE TEMPLE WORTH COUNTY VTD: 0006 RED ROCK (Part) Tract: 9502. Block(s): 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251 VTD: 0007 DOLES (Part) Tract: 9501. Block(s): 283, 284, 287, 288, 289, 290, 291, 292, 293, 294 VTD: 0012 BRIDGEBORO VTD: 0013 GORDY (Part) Tract: 9505. Block(s): 114, 115, 116, 117, 118, 119, 120, 121, 122, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 236, 237, 238, 239, 240, 295, 296, 297

Page 850

District: 164 COLQUITT COUNTY VTD: 0001 BRIDGE CREEK VTD: 0003 DOERUN VTD: 0004 FUNSTON VTD: 0005 HAMILTON VTD: 0006 HARTSFIELD VTD: 0008 MILL CREEK VTD: 0009 MONK (Part) Tract: 9703. Block(s): 222, 223, 224, 225A, 225B, 226A, 226B VTD: 0010 MOULTRIE (Part) Tract: 9703. Block(s): 433, 523, 524, 525 Tract: 9708. Block(s): 103, 104, 105, 106, 107, 108A, 108B, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 134, 135, 136, 137, 138, 139, 140, 141, 142, 147, 148, 301C Tract: 9709. Block(s): 129A, 131, 134, 135, 136, 301A, 325B VTD: 0011 MURPHY VTD: 0014 THIGPEN VTD: 0018 SHAW (Part) Tract: 9703. Block(s): 201, 202, 203A, 203B, 204, 205, 206, 207, 208A, 208B, 209, 210, 211, 212A, 212B, 212C, 213A, 213B, 214, 217, 218, 219, 220, 221, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 618 VTD: 0019 AUTREYVILLE DECATUR COUNTY

Page 851

VTD: 0002 BAINBRIDGE (Part) Tract: 9701. Block(s): 177 Tract: 9704. Block(s): 101, 102 VTD: 0003 WEST BAINBRIDGE (Part) Tract: 9702. Block(s): 190, 192, 193, 194, 195 Tract: 9703. Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 132, 133, 134, 135, 136, 137, 138, 139, 140 VTD: 0004 BELCHER VTD: 0007 CLIMAX VTD: 0011 PARKER (Part) Tract: 9701. Block(s): 101, 102, 103, 104, 105, 106, 122, 123, 124, 125, 126, 127, 128, 129, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 178, 194, 195 Tract: 9705. Block(s): 101, 102, 103 VTD: 0012 PINE HILL MITCHELL COUNTY VTD: 0005 BACONTON VTD: 0010 CAMILLA NORTH (Part) Tract: 9803. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 114B, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124A, 124B, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 169, 170, 212, 213, 214, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 335, 336, 337A, 337B, 338, 339A, 339B, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352 VTD: 0015 CAMILLA SOUTH (Part)

Page 852

Tract: 9803. Block(s): 165, 166, 167, 168, 171, 215, 216, 217, 219 Tract: 9804. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122A, 122B, 123A, 123B, 124, 125, 126, 127A, 127B, 128, 129, 130, 131, 132, 133, 134A, 134B, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148A, 148B, 148C, 148D, 148E, 149, 150, 151, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246A, 246B, 247A, 247B, 248, 249, 301, 302, 303, 304, 305A, 305B, 306, 307A, 307B, 307C, 307D, 308, 309A, 309B, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 321, 322, 323A, 324, 328, 332, 333, 335, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457A, 458A, 463A, 463B, 464A, 464B, 465, 466, 467, 468, 469A, 469B, 470, 471, 472, 473, 474, 475 Tract: 9806. Block(s): 101, 102, 103, 104 Tract: 9807. Block(s): 119, 120 VTD: 0020 COTTON AND HINSONTON VTD: 0025 FAIRCLOTH VTD: 0030 PARKER VTD: 0035 PEBBLE CITY VTD: 0040 PELHAM (Part) Tract: 9806. Block(s): 105B, 106B, 121, 122, 123, 124, 125, 126, 127, 143, 144, 145, 146, 147, 148, 149, 202, 204, 205, 206B, 207, 302, 313, 314, 315, 316, 317A, 317B, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335A, 335B, 336A, 336B, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 355, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421,

Page 853

422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444A, 444B, 445, 446, 447, 448, 449A, 449B, 450, 451, 452, 453, 454, 455 Tract: 9807. Block(s): 127, 128, 129, 150B, 153A, 153B, 154A, 154B, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179A, 179B, 180, 181A, 181B, 182, 183, 184, 185, 186, 209, 210, 211, 212A, 212B, 213, 214A, 214B, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249A, 249B, 250A, 250B, 251A, 251B, 251C, 252, 253, 264, 265, 266, 267, 270, 272A, 272B, 273, 274, 275, 276, 277 VTD: 0045 RAIFORD VTD: 0050 SALE CITY District: 166 BERRIEN COUNTY COLQUITT COUNTY VTD: 0007 LEE VTD: 0010 MOULTRIE (Part) Tract: 9704. Block(s): 107A, 136A, 138A, 201A, 203A, 235A, 236A, 237A, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 335A, 337, 340, 341, 342 Tract: 9706. Block(s): 102A, 104A, 104B, 105A, 106A, 108A, 108C, 116A, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126A, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139A, 139B, 301, 302A, 302B, 304, 305, 306A, 307A, 308A, 314A, 315A, 316, 317, 318, 322A Tract: 9707. Block(s): 101, 102, 103, 104, 105, 116, 121A, 121B, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131A, 131B, 132, 133, 134, 135, 136, 137, 138, 139, 247, 249, 250, 251, 252, 301, 302, 303, 313, 314, 315,

Page 854

316, 317, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 401, 402A, 402B, 403A, 403B, 404A, 404B, 405, 406A, 406B, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419A, 419B, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 501A, 502, 503, 505, 506, 509A, 510A, 511A, 512A, 513A, 513B, 513C, 514, 515, 516A, 517A, 518A, 519, 520A, 521A, 522A, 537, 538A, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622A, 622B, 623A, 623B, 624, 625A, 626A, 627, 628, 629, 630 Tract: 9708. Block(s): 143, 144, 145, 146, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 301A, 301B, 301D, 301E, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418 VTD: 0012 NORMAN PARK (Part) Tract: 9701. Block(s): 253, 254, 255, 256, 281 Tract: 9703. Block(s): 101, 102, 103, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135 Tract: 9704. Block(s): 101, 102, 103, 104, 105, 106, 107B, 108D, 128, 129, 130, 131, 132, 133, 134, 135, 136B, 137, 138B, 201C, 202, 203B, 235B, 236B, 237C, 303, 304, 305, 306, 307, 308, 318 VTD: 0013 ROBINSON VTD: 0017 HOPEWELL COOK COUNTY VTD: 0001 ADEL WEST (Part) Tract: 9802. Block(s): 334, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438,

Page 855

439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515 Tract: 9804. Block(s): 101, 119, 120 VTD: 0003 PINE VALLEY (Part) Tract: 9804. Block(s): 121, 144 VTD: 0004 LENOX VTD: 0005 MASSEE VTD: 0006 RIVER BEND VTD: 0007 SPARKS VTD: 0008 ADEL EAST District: 169 BACON COUNTY BRANTLEY COUNTY CHARLTON COUNTY VTD: 0003 3 VTD: 0005 5 (Part) Tract: 9901. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 150, 151, 152A, 152B, 152C, 152D, 152E, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 174, 175, 176, 177, 178, 179, 180A, 181A, 182A, 183, 196A, 196B, 196C, 197, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 278, 279, 280, 281, 282, 289, 290, 291, 292, 293, 294, 295, 296, 297, 301, 302, 305A, 309, 310, 311A, 312, 313, 315, 316, 323, 324, 325, 326, 336, 337, 338, 345, 346, 347, 348, 349, 350, 351, 352, 355, 387 GLYNN COUNTY VTD: 0001 STERLING 1163/1166. PIERCE COUNTY VTD: 0001 HACKLEBARNE-CASON (Part)

Page 856

Tract: 9603. Block(s): 121, 122, 128, 129, 130, 131, 132, 155, 162, 163A, 163B, 164A, 164B, 165, 167, 168, 169, 170A, 170B, 171, 172A, 172B, 173A, 173B, 233, 234, 235, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297, 305, 306, 307, 308, 309, 310A, 310B, 311, 312, 313, 314, 315, 316, 317A, 317B, 318A, 318B, 318C, 319, 320, 321, 322, 323, 324, 325, 326, 327, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352A, 352B, 353, 354A, 354B, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 401A, 401B, 402A, 402B, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425A, 425B, 425C, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467A, 467B, 468A, 468B, 468C, 469, 470, 471, 472, 473, 474 VTD: 0002 BLACKSHEAR (Part) Tract: 9604. Block(s): 414, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 476, 477, 484, 486, 487, 488, 489, 490, 491, 492, 493, 494, 495, 496, 497A, 497B, 497C VTD: 0003 ST JOHNS-BLACKSHEAR 3A (Part) Tract: 9604. Block(s): 483, 485 VTD: 0006 MERSHON 4B VTD: 0007 SUNSET-SWEAT 4C

Page 857

District: 171 LONG COUNTY LIBERTY COUNTY VTD: 0009 2-0009 VTD: 0010 2-0010 (Part) Tract: 0101. Block(s): That portion of Block 901G which lies south and west of Georgia State Highway 144 and Georgia State Highway 119 PIERCE COUNTY VTD: 0001 HACKLEBARNE-CASON (Part) Tract: 9603. Block(s): 304, 328, 329 VTD: 0002 BLACKSHEAR (Part) Tract: 9601. Block(s): 195 Tract: 9602. Block(s): 264, 265, 272, 273, 274, 275, 279, 280 Tract: 9603. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110A, 110B, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 123, 124, 125, 126, 127, 133, 134, 135, 136A, 136B, 137A, 137B, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 156, 157, 158, 159, 160, 161, 166A, 166B, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 301, 302, 303 Tract: 9604. Block(s): 108, 109, 110, 111, 112, 201A, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 258, 259, 260, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319A, 319B, 320, 321A, 321B, 322, 323, 324, 325, 326, 327, 328A, 328B, 329A, 329B, 330A, 330B, 331A, 331B, 332, 333, 334, 335, 336, 337, 338A, 338B, 339A, 339B, 340A, 340B, 341, 342, 343, 344, 345, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424 VTD: 0003 ST JOHNS-BLACKSHEAR 3A (Part) Tract: 9604.

Page 858

Block(s): 201B, 201C, 226A, 226B, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237AS, 237B, 237C, 237D, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248A, 248B, 249, 250, 251, 252, 253, 254, 255, 256, 257, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 473, 474, 475, 478, 479, 480, 481, 482 VTD: 0004 OTTER CREEK 3B VTD: 0005 PATTERSON 4A WAYNE COUNTY VTD: 0001 ODUM VTD: 0004 SCREVEN VTD: 0006 EMPIRE VTD: 0007 RED HILL VTD: 0008 EAST JESUP VTD: 0009 GARDI VTD: 0010 MT. PLEASANT VTD: 0011 ALTAHAMA VTD: 0012 VFW VTD: 0013 COURTHOUSE VTD: 0014 NATIONAL GUARD ARMORY VTD: 0015 RECREATION CENTER District: 172 LIBERTY COUNTY VTD: 0002 HINESVILLE VTD: 0003 DORCHESTER (Part) Tract: 0105. Block(s): 209D, 243A, 243B, 244, 245, 246, 247, 248A, 248B, 249, 250, 251, 252, 301, 302, 303, 304, 305, 324A, 324B, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 362, 363, 365, 379, 380, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457,

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458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 473, 474, 475, 476, 477, 478, 479, 480, 481, 482, 483, 484, 485, 486, 487, 488, 489, 490, 491, 492, 493, 494 VTD: 0004 WALTHOURVILLE AND FLEMING WEST (Part) Tract: 0102. Block(s): 401A, 501, 502, 506, 507, 508B, 509, 510B, 511B, 601, 602, 603A, 625A, 626A, 705B, 706B, 707, 708B, 709, 710A, 710B, 717B Tract: 0104. Block(s): 125A, 128A, 129A, 130, 131, 132, 133, 219A, 220A, 220C, 221, 222, 223, 224, 225, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330B, 331, 332, 333, 334, 335B, 335C, 345B, 372, 373, 374, 375, 376, 377, 383A, 384A, 387A, 387B, 390A, 391A, 394, 395, 396, 397 VTD: 0006 FLEMING EAST VTD: 0007 GUM BRANCH VTD: 0011 2-0011 District: 173 MCINTOSH COUNTY GLYNN COUNTY VTD: 0002 GLYNCO 1263 (Part) Tract: 0004. Block(s): 201, 202, 203, 204, 205, 210, 211, 228A, 228B, 229, 230, 231, 232, 233, 234, 235, 237, 238, 239, 240, 241, 242, 243, 270, 271, 272, 273, 274, 275, 276, 277, 278, 280, 281, 282, 283, 284, 285, 382, 383, 384, 385, 386, 387, 388, 389, 390 Tract: 0006. Block(s): 201, 204, 205, 206, 501 VTD: 0003 FANCY BLUFF 1366 (Part) Tract: 0010. Block(s): 271, 272, 273, 274, 284, 285, 286, 287, 288, 289, 348, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 373, 374, 375, 376, 385, 386, 387, 393, 394, 447, 448, 449, 450, 451, 452, 453, 454, 455,

Page 860

461, 462, 586, 587, 589 VTD: 0008 BEVERLY SHORES RECREATION 3153/3163 (Part) Tract: 0005. Block(s): 112B, 113C, 118C, 118D, 119C, 120B, 122B, 123, 124, 125B, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 706, 808, 809, 810, 811, 812, 813, 814, 815, 816 Tract: 0007. Block(s): 101, 102, 103, 104, 105A, 126, 127, 128 VTD: 0011 BWK. ARMORY 4153 (Part) Tract: 0007. Block(s): 301, 302A, 303A, 304A, 305, 306, 307, 308A, 308B, 309, 310A, 310B, 311A, 311B, 311C, 313, 319, 320, 321, 322, 323, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 401, 402, 403, 404, 405, 406, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 440, 441, 442, 443, 444, 509, 510, 527A, 528A, 529A, 722, 723, 724, 725, 726, 727, 728, 729, 735, 736, 737, 738, 739, 740, 741, 752 Tract: 0008. Block(s): 122, 123, 124, 131, 132, 135, 136, 137, 301, 302, 303, 406, 407, 520 VTD: 0012 JANE MACON 4253 (Part) Tract: 0005. Block(s): 101, 102, 103, 104, 105A, 105B, 106A, 106B, 107A, 107B, 108, 109, 110, 111, 112A, 113A, 113B, 118A, 118B, 119A, 119B, 120A, 121, 122A, 125A, 126, 127, 128, 227, 228, 229, 230, 231, 232, 235, 236, 301, 302, 303, 304, 305, 306, 307, 308, 309, 317, 511, 512, 817, 818 Tract: 0007. Block(s): 119B, 120, 121, 122, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210A, 210B, 211, 212, 302B, 303B, 304B, 501, 502, 503, 504, 505, 506, 507, 508, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527B, 528B, 529B VTD: 0013 CITY RECREATION 5153 (Part) Tract: 0008. Block(s): 243, 244, 245, 246, 247, 248, 249, 250, 251,

Page 861

501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 526, 527A, 528, 529, 530, 531, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545 Tract: 0009. Block(s): 308, 309, 310, 311, 312, 313, 314, 316, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549, 553, 554, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 629, 630, 631, 632, 633, 634, 635, 636, 637, 638, 658, 659, 660, 661, 662, 663, 664 VTD: 0014 ADULT EDUCATION 5253 (Part) Tract: 0005. Block(s): 310, 311, 312, 313, 314, 315, 316, 318, 319, 320, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430 Tract: 0007. Block(s): 801, 802, 803, 804, 805, 806, 807, 815, 816, 817, 818, 819, 820, 821, 822 Tract: 0008. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 125, 126, 127, 128, 129, 130, 138, 139, 140, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 240, 241, 242, 401, 402, 403, 404, 405, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 517, 518, 519, 524, 525, 527B LIBERTY COUNTY VTD: 0001 RICEBORO VTD: 0003 DORCHESTER (Part) Tract: 0105. Block(s): 138A, 140, 150A, 152, 209A, 209B, 209C, 210, 253, 254, 255, 256, 257, 258A, 258B, 259, 260, 261, 262, 263A, 263B, 264A, 264B, 265, 266, 267, 268A, 268B, 269, 273A, 360, 361, 364, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377 VTD: 0004 WALTHOURVILLE AND FLEMING

Page 862

WEST (Part) Tract: 0102. Block(s): 401C, 401D, 402, 403, 404A, 404B, 404C, 405A, 405B, 406A, 406B, 406C, 407A, 407B, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 508A, 510A, 511A, 512, 513, 514, 515, 516, 603B, 603C, 603D, 604A, 604B, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623A, 623B, 624, 625B, 625C, 626B, 627, 628A, 628B, 629, 630, 631, 632A, 632B, 633, 634, 635, 636, 637, 638A, 638B, 639A, 639B, 639C, 639D, 640, 641, 642, 643, 644, 645, 646, 647, 648, 649, 650, 651, 652, 653, 654, 655, 711, 712C, 712D, 724, 725 Tract: 0104. Block(s): 201D, 203, 345C, 348D, 351B, 353B, 354, 355, 356, 357D, 358B, 359B, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 378, 379, 380, 381, 382, 383C, 384B, 385, 386, 387C, 387D, 388A, 388B, 389, 390B, 391B, 392, 393 VTD: 0008 MCINTOSH District: 175 CAMDEN COUNTY CHARLTON COUNTY VTD: 0001 1 VTD: 0002 2 VTD: 0004 4 VTD: 0005 5 (Part) Tract: 9901. Block(s): 149, 184, 185, 187, 401, 402, 403, 404, 405, 406, 407, 410, 411, 412, 482, 483 Section 2. Said Code section is further amended by striking paragraph (3) of subsection (d) and inserting in its place a new paragraph to read as follows: (3) Except as otherwise provided in the descriptions of representative districts No. 113 and 114, whenever the description of any representative district refers to a named city, it shall mean the geographical boundaries of that city as

Page 863

shown on the census map for the United States decennial census of 1990 for the State of Georgia; and. 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 elections for members of the House of Representatives held on and after its effective date. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1993. ELECTIONS CONGRESSIONAL AND GEORGIA SENATORIAL DISTRICTS; COMPOSITION Code Sections 21-2-4 and 28-2-2 Amended. No. 463 (House Bill No. 964). AN ACT To amend Titles 21 and 28 of the Official Code of Georgia Annotated, relating to elections and the General Assembly, respectively, so as to change the composition of certain congressional districts and certain Georgia senatorial districts; 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. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended in Code Section 21-2-4, relating to designation of congressional districts, by striking the descriptions of congressional districts No. 2, 3, and 8 and inserting in their respective places new descriptions to read as follows:

Page 864

District: 2 TALBOT COUNTY TAYLOR COUNTY MARION COUNTY MACON COUNTY SCHLEY COUNTY STEWART COUNTY WEBSTER COUNTY SUMTER COUNTY QUITMAN COUNTY TERRELL COUNTY RANDOLPH COUNTY CLAY COUNTY CALHOUN COUNTY EARLY COUNTY BAKER COUNTY MITCHELL COUNTY MILLER COUNTY SEMINOLE COUNTY DECATUR COUNTY GRADY COUNTY THOMAS COUNTY BROOKS COUNTY BIBB COUNTY VTD: 0001 EM01 VTD: 0002 EM02 VTD: 0003 EM03 VTD: 0004 EM04 VTD: 0005 EM05 VTD: 0006 EM06 VTD: 0008 EM08 VTD: 0010 GODFREY 01 VTD: 0011 GODFREY 02 VTD: 0012 GODFREY 03 VTD: 0013 GODFREY 04 VTD: 0016 GODFREY 07 VTD: 0019 HAZARD 05 VTD: 0022 MACON 03 VTD: 0023 HAZARD 01 VTD: 0033 RUTLAND 02 (Part) Tract: 0130.

Page 865

Block(s): 201C, 202, 231C, 232B, 273B, 274C, 275, 276B, 277B, 278B, 279C, 281B, 281C Tract: 0135.02 Block(s): 128, 131, 132, 201, 202, 203, 204, 213, 214, 215, 301, 302, 304, 309A, 309B, 309C, 309D, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320 VTD: 0034 VINEVILLE 01 VTD: 0035 VINEVILLE 02 VTD: 0036 VINEVILLE 03 VTD: 0037 VINEVILLE 04 VTD: 0038 VINEVILLE 05 VTD: 0040 VINEVILLE 07 (Part) Tract: 0102. Block(s): 204, 205, 215, 301, 302, 303, 305, 306 Tract: 0103. Block(s): 202, 203 VTD: 0041 VINEVILLE 08 (Part) Tract: 0119. Block(s): 104, 105, 106, 111, 115 VTD: 0043 MACON 02 VTD: 0044 MACON 01 CHATTAHOOCHEE COUNTY VTD: 0001 CUSSETA (Part) Tract: 0201. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 114B, 115A, 115B, 116A, 116B, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134A, 134B, 135A, 135B, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159A, 159B, 160, 161A, 161B, 162A, 162B, 163, 164A, 164B, 165A, 165B, 165C, 166A, 166B, 167, 168, 169A, 169B, 170A, 170B, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250 Tract: 0202.

Page 866

Block(s): 901A, 901B, 901C, 901D, 901E, 901F, 902, 903, 904, 905, 906, 907, 908, 909, 910, 911, 912, 913, 914, 915, 916, 917, 918, 919, 920, 921 COLQUITT COUNTY VTD: 0001 BRIDGE CREEK (Part) Tract: 9709. Block(s): 305, 306, 307 VTD: 0004 FUNSTON (Part) Tract: 9709. Block(s): 222, 223, 301C, 302, 303, 304, 308B, 314B, 315, 316, 321 VTD: 0006 HARTSFIELD VTD: 0010 MOULTRIE (Part) Tract: 9703. Block(s): 216, 433, 523, 524, 525, 616, 617 Tract: 9704. Block(s): 113, 114, 115, 116, 117, 118, 122, 123, 124, 125, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265 Tract: 9707. Block(s): 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 221, 222, 223, 224, 225, 226, 227, 228, 229, 236, 237, 238, 239, 240, 241, 242, 250, 251, 252, 253, 254, 255, 256, 301, 302, 303, 304, 305, 306, 307, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 332, 333, 334 Tract: 9708. Block(s): 101, 102, 103, 104, 105, 106, 107, 108A, 108B, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 205, 206, 207, 208, 209, 210, 211, 214, 215, 216, 301C Tract: 9709. Block(s): 129A, 131, 134, 135, 136, 301A, 325B VTD: 0018 SHAW CRAWFORD COUNTY VTD: 0002 2 VTD: 001B 1B

Page 867

CRISP COUNTY VTD: 0001 CORDELE (Part) Tract: 9801. Block(s): 118, 119, 120, 122, 123, 124, 204, 205A, 205B, 206, 211, 212, 213, 263A, 264A, 265A, 266A, 306A, 307A, 307B, 308A, 308B, 308C, 308D, 309A, 309B, 310, 311, 312, 313, 314, 315, 316, 317, 318, 320, 321, 364, 365, 366, 367 Tract: 9802. Block(s): 173A, 173B, 173C, 173D, 173E, 173F, 173G, 174A, 174B, 179A, 179B, 179C, 180, 181, 182A, 182B, 182C, 183, 196A, 197A, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327A, 327B, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412A, 412B, 412C, 413A, 413B, 414A, 414B, 415A, 415B, 416A, 416B, 417A, 417B, 418, 419, 420A, 420B, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 453, 454A, 454B, 454C, 454D Tract: 9803. Block(s): 304, 305, 306, 307, 308, 309, 310, 311, 324, 325, 326, 327, 328, 329, 330, 351, 352, 353, 354, 357, 358, 359, 360 Tract: 9804. Block(s): 303, 304, 305, 306, 311, 312, 313, 314, 315, 316, 317, 318, 321, 322, 323, 324, 325, 326, 331, 332, 333, 334, 340, 341A, 341B, 419, 420A, 420B, 420C, 420D, 420E, 421, 422, 423A, 423B, 423C, 424A, 424B, 425, 426, 427, 428A, 428B, 428C, 429, 430, 431, 433 DOOLY COUNTY VTD: 0001 VIENNA 535 VTD: 0004 DRAYTON 633 VTD: 0006 BYROMVILLE 585 VTD: 0007 DOOLING 640 VTD: 0008 PINEHURST 1479 VTD: 0009 UNADILLA 1466

Page 868

VTD: 0010 LILLY 1671 DOUGHERTY COUNTY VTD: 0007 BROAD AVENUE SCHOOL VTD: 0009 WESTTOWN LIBRARY VTD: 0010 RIVERVIEW ACADAMY VTD: 0011 M L KING JR. HIGH SCHOOL VTD: 0012 MONROE HIGH SCHOOL VTD: 0013 FLINTSIDE ELEMENTARY SCH VTD: 0014 CARVER TEEN CENTER VTD: 0015 CARVER JR HIGH GYM VTD: 0016 HIGHLAND AVENUE SCHOOL VTD: 0017 AVALON METHODIST CHURCH VTD: 0018 ALBANY JR. HIGH SCHOOL VTD: 0019 TURNER ELEMENTARY SCHOOL VTD: 0020 JACKSON HEIGHTS ELEM SCH VTD: 0021 BILL MILLER GYM AND ALBANY STATE COLLEGE VTD: 0022 RAD SPRINGS JR HIGH SCH VTD: 0027 SYLVANDALE ELEMENTARY SCH HOUSTON COUNTY VTD: 0001 RUMB (Part) Tract: 0205. Block(s): 217, 218, 219, 220, 236, 237, 238, 239, 240A, 240B, 241A, 241B, 242, 243, 244, 245, 246 Tract: 0207. Block(s): 101A, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 301, 302, 303, 304, 305, 306, 308B, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 412, 413, 414, 415, 416, 417, 418 Tract: 0208. Block(s): 401, 402 VTD: 0003 MSSH (Part) Tract: 0201.03 Block(s): 302, 304, 305, 306A, 306B, 308A, 308B, 309, 310, 311, 312, 313A, 313B, 314, 315, 316, 317, 318, 319 Tract: 0202. Block(s): 101 Tract: 0203. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219,

Page 869

220, 221, 222, 223, 224, 225, 226, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410 Tract: 0204. Block(s): 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124 VTD: 0004 RECR (Part) Tract: 0201.03 Block(s): 307A, 307B Tract: 0203. Block(s): 101A, 101B, 102A, 102B, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 114B, 115, 116, 301 Tract: 0204. Block(s): 101A, 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 126 Tract: 0205. Block(s): 101A, 101B, 102, 103, 104, 105, 113A, 113B, 114A, 114B Tract: 0206. Block(s): 902, 903, 904 VTD: 0008 NSJH (Part) Tract: 0201.01 Block(s): 117, 118A, 118B Tract: 0201.02 Block(s): 224, 225, 226, 301B, 307A, 307B, 307C, 410, 413, 416, 421, 422A, 422B, 423, 424, 425 VTD: 0012 CENT (Part) Tract: 0201.01 Block(s): 112A, 112B, 113, 114, 115, 116, 217, 221, 222A, 222B, 223, 313, 314, 401, 402, 403, 404, 405, 406A, 406B, 406C, 407A, 407B, 407C, 408B, 408C, 409, 410, 411A, 411B, 412 Tract: 0201.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 204, 205, 210 Tract: 0202. Block(s): 408 VTD: 0013 ANNX (Part) Tract: 0211.01 Block(s): 303 VTD: 0014 N13

Page 870

VTD: 0015 12TH (Part) Tract: 0215.02 Block(s): 204, 211, 223, 224, 225, 226, 227, 228, 229, 230, 232, 233, 234, 235, 236, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297 VTD: 0016 TOWN (Part) Tract: 0212. Block(s): 304A, 304B, 305, 306, 307, 308, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 501, 502, 503, 504, 505, 506, 507, 509, 535, 536, 537, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 632, 705, 706, 707, 708, 711, 712, 713, 714, 715, 716, 717 Tract: 0213. Block(s): 118, 119A, 119B, 119C, 120, 121A, 121B, 121C, 122, 123, 124, 125, 126, 127, 128, 129A, 129B, 129C, 130, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 301, 302A, 302B, 305, 306, 307, 308, 309A, 309B, 310, 311A, 311B, 311C, 312, 313A, 313B, 313C, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 333, 334, 335, 336, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427A, 427B, 429A, 430A Tract: 0214. Block(s): 101A, 101B, 102, 103, 104, 105, 106, 107, 108, 109, 110, 119, 120A, 120B, 121, 403, 404, 405A, 405B, 406A, 406B, 406C, 508, 509, 510, 513 LEE COUNTY VTD: 0001 CHOKEE VTD: 0003 LEESBURG (Part) Tract: 0202. Block(s): 160, 162, 163, 192, 194, 195, 196 Tract: 0203. Block(s): 202, 203, 204, 205, 211, 402, 403, 404, 405, 413, 414, 416, 417, 418, 419, 420, 421A, 421B, 422,

Page 871

423, 425, 426, 427, 428, 429, 431A, 434A, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 473, 474, 485A, 485B, 486, 487, 490, 491, 493, 494, 495, 496, 497, 514, 516, 517, 518, 519, 520, 521, 522, 523, 524, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 548, 549 VTD: 0006 SMITHSVILLE LOWNDES COUNTY VTD: 0002 MINEOLA (Part) Tract: 0102. Block(s): 416, 460, 463, 464, 465, 466, 473, 474, 484, 488, 489, 490, 491, 492 VTD: 0004 MATHIS AUDITORIUM (Part) Tract: 0101. Block(s): 305C, 305D Tract: 0103. Block(s): 220A, 223A, 224, 225, 226, 227, 228, 229, 230, 231, 232, 234B, 239, 240 Tract: 0104. Block(s): 136A, 138A, 140A, 142A, 143 VTD: 0005 GARDEN CENTER VTD: 0007 LOMAX-PINEVALE VTD: 0013 LOWNDES CIVIC CENTER AND FORREST PK CHURCH (Part) Tract: 0106. Block(s): 304A, 304B, 305, 306, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417 Tract: 0108. Block(s): 204B, 207 VTD: 0015 AZALEA CITY CHURCH OF GOD VTD: 0017 SHILOH FIRE STATION (Part) Tract: 0102. Block(s): 457, 458, 459, 493, 494, 495, 496, 497 VTD: 0018 NEW COVENANT CHURCH (Part) Tract: 0101. Block(s): 287, 288, 305L, 307, 308 Tract: 0103. Block(s): 220C, 220D, 220E, 220F, 220G, 223B Tract: 0104. Block(s): 136B, 137, 138B, 140B, 141, 142B VTD: 0019 CRAIG RECREATION CENTER

Page 872

MERIWETHER COUNTY VTD: 0002 LUTHERVILLE VTD: 0003 ALVATON-UPPER NINTH VTD: 0004 GAY-MID NINTH VTD: 0005 WOODBURY-LOWER NINTH VTD: 0007 GILL ONE (Part) Tract: 9705. Block(s): 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 529, 530, 531, 532, 533, 534, 535, 536, 537, 628, 629, 630, 631, 632, 633, 634, 635, 638, 639, 640, 641, 646, 647, 732 VTD: 0008 GILL TWO VTD: 0010 DURAND (Part) Tract: 9706. Block(s): 217, 218, 219, 275, 276, 277, 302, 318, 319, 320, 322, 323, 324, 326, 327, 328, 329, 330, 335, 348, 349, 351, 352, 353, 354, 355, 356, 357, 358, 366, 367, 369, 370, 371, 372, 373, 374, 375, 376, 377, 393, 394 VTD: 0012 GREENVILLE-EIGHT VTD: 0013 RALEIGH MUSCOGEE COUNTY VTD: 0001 COURTHOUSE VTD: 0002 NORTH LUMPKIN VTD: 0003 EDDY VTD: 0004 BAKER VTD: 0005 SAINT MARY S VTD: 0006 WYNNTON (Part) Tract: 0023. Block(s): 120, 121, 122 VTD: 0007 BRITT VTD: 0008 CARVER VTD: 0009 RIGDON VTD: 0010 DIMON VTD: 0011 DAWSON VTD: 0012 WESLEY HEIGHTS (Part) Tract: 0106.04 Block(s): 311, 315, 319, 320, 321, 323, 324, 325, 326, 327, 349 VTD: 0013 REGENCY HEIGHTS VTD: 0024 NORTH HIGHLAND (Part)

Page 873

Tract: 0015. Block(s): 101, 102, 112, 122, 201, 202, 203, 310 Tract: 0016. Block(s): 101, 108, 111, 113, 123, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 304, 305, 306, 309, 310, 311, 312, 313, 404, 405, 406, 409, 410, 412, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 601, 602, 603, 604, 606, 615 VTD: 0025 EAST HIGHLAND (Part) Tract: 0013. Block(s): 206, 207, 208 Tract: 0014. Block(s): 301, 302, 303, 304, 305, 307, 309, 310, 311, 312, 313, 401, 402, 403, 404, 405 Tract: 0015. Block(s): 103, 110, 111, 113, 114, 115, 117, 118, 120, 121, 123, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 301, 302, 303, 304, 305, 306, 307, 308, 309, 312, 313, 314, 315, 316, 317, 323, 324 Tract: 0018. Block(s): 101, 115, 405, 406, 409, 410, 414 VTD: 0026 SAINT ELMO (Part) Tract: 0013. Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 201, 202, 203, 204, 205, 209 Tract: 0018. Block(s): 105 VTD: 0036 3A1 FORT BENNING VTD: 0037 3A2 FORT BENNING VTD: 0038 3A3 FORT BENNING VTD: 0039 3A4 FORT BENNING VTD: 0040 3A5 FORT BENNING VTD: 0041 3B FORT BENNING VTD: 0042 3B1 FORT BENNING PEACH COUNTY VTD: 0010 DISTRICT 2 AND CLAUDE AND POWERSVILLE VTD: 0015 DISTRICT 3

Page 874

District: 3 FAYETTE COUNTY COWETA COUNTY SPALDING COUNTY PIKE COUNTY LAMAR COUNTY MONROE COUNTY UPSON COUNTY HARRIS COUNTY BALDWIN COUNTY VTD: 0002 NORTH BALDWIN 318 (Part) Tract: 9702. Block(s): 101, 102, 103, 104, 105, 106, 107, 107C, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 201, 202B, 203, 204, 205, 206B, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224A, 224B, 225, 226, 227, 301B, 306, 307, 308, 309, 310, 311, 312A, 312B, 313, 314, 315, 316 Tract: 9703. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 201B, 202, 203, 204, 205, 206, 207, 208, 209, 210C, 210D, 210E, 211B, 212, 213, 214C, 214D, 214E, 215B, 216B, 218B, 219, 220C, 220D, 220E, 222C, 225B, 226B, 227, 228, 229B VTD: 0003 WEST BALDWIN 319 (Part) Tract: 9703. Block(s): 201C Tract: 9705. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 327, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375 VTD: 0006 COOPERS 322

Page 875

VTD: 0007 NORTH MILLEDGEVILLE 320N (Part) Tract: 9702. Block(s): 202A, 206A Tract: 9703. Block(s): 201A, 201D, 210A, 210B, 211A, 214A, 214B, 215A, 216A, 217, 218A, 220A, 221, 222A, 222B, 223, 224 VTD: 0013 SCOTTSBORO 1714 (Part) Tract: 9708. Block(s): 109, 110, 111, 112, 113, 114, 115, 123B, 127B, 130, 131, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 219, 220, 221, 222, 223, 224, 225, 226, 301, 302 CLAYTON COUNTY VTD: 0001 ELLENWOOD VTD: 0002 FOREST PARK 1 VTD: 0003 FOREST PARK 2 VTD: 0004 FOREST PARK 3 VTD: 0005 FOREST PARK 4 VTD: 0006 FOREST PARK 5 VTD: 0007 JONESBORO 1 VTD: 0008 JONESBORO 2 VTD: 0009 JONESBORO 3 VTD: 0010 JONESBORO 5 VTD: 0011 JONESBORO 6 VTD: 0012 JONESBORO 7 VTD: 0013 JONESBORO 8 VTD: 0014 LOVEJOY 1 VTD: 0015 LOVEJOY 2 VTD: 0016 LOVEJOY 3 VTD: 0017 ADAMSON MORROW 1 VTD: 0018 ADAMSON MORROW 2 AND FOREST PARK 6 VTD: 0019 ADAMSON MORROW 3 VTD: 0020 ADAMSON MORROW 4 VTD: 0021 ADAMSON MORROW 5 VTD: 0023 OAK 1 (Part) Tract: 0401. Block(s): 901, 902, 903B, 906, 907, 908, 909, 910,

Page 876

911, 912 VTD: 0025 PAN HANDLE VTD: 0027 RIVERDALE 2 VTD: 0029 RIVERDALE 4 VTD: 0030 RIVERDALE 5 VTD: 0031 RIVERDALE 6 VTD: 0032 RIVERDALE 7 VTD: 0038 JONESBORO 4 AND JONESBORO 9 VTD: 0039 JONESBORO 10 VTD: 0040 JONESBORO 12 VTD: 0041 LAKE CITY 1 VTD: 0042 JONESBORO 11 CRAWFORD COUNTY VTD: 0003 3 VTD: 0004 4 VTD: 0005 5 VTD: 001A 1A HENRY COUNTY VTD: 0010 FLIPPEN VTD: 0015 HAMPTON VTD: 0020 HIGHLAND VILLAGE (Part) Tract: 0701.02 Block(s): 161, 162, 201, 202, 203, 204, 205, 206 Tract: 0701.03 Block(s): 101, 102, 103, 104, 130A, 130C, 132B, 133, 134, 135, 136, 137, 138, 139, 201B, 238B, 239B, 240B, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324B, 325, 326B, 326C, 327, 328, 329, 330, 331, 332, 401, 402, 403, 404, 405B, 406B, 441, 442B, 443B, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 467, 468, 469 Tract: 0702.01 Block(s): 102, 103, 104, 105, 106, 107, 108, 109 VTD: 0025 LOCUST GROVE VTD: 0035 LOWES VTD: 0040 MCDONOUGH AND WESTSIDE VTD: 0055 SHAKERAG VTD: 0060 SIXTH VTD: 0065 STOCKBRIDGE VTD: 0070 SWAN LAKE (Part) Tract: 0701.02

Page 877

Block(s): 115, 116, 118, 119, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160 VTD: 0075 TUSSAHAW JONES COUNTY VTD: 0001 BARRON AND CLINTON (Part) Tract: 0301.02 Block(s): 108, 111, 113, 114, 115, 116, 124, 125 Tract: 0302. Block(s): 154, 156, 157, 159, 160, 161, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 256A, 257, 258, 259, 260, 261, 262, 293, 294, 295, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313 Tract: 0303. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313B, 314B, 316B, 316C, 317B, 318B, 320, 321, 322, 323, 327, 328, 329, 330, 331, 332, 333, 334, 341, 343, 345, 346, 347, 349, 351, 352, 353, 354, 355, 356, 357, 377, 378, 379, 465B VTD: 0002 FINNEY AND WHITE VTD: 0003 GRAY VTD: 0004 POPE VTD: 0005 ROBERTS (Part) Tract: 0301.02 Block(s): 201, 202, 203, 214, 215, 216, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313 Tract: 0303. Block(s): 515, 523, 524, 527, 531, 532, 533, 534, 535, 536, 539, 540, 541, 542, 543, 547, 548, 554, 555, 556, 557, 558, 559 VTD: 0006 SANDERS VTD: 0007 DAVIDSON MERIWETHER COUNTY VTD: 0001 LONE OAK VTD: 0006 CHALYBEATE AND LOVE VTD: 0007 GILL ONE (Part) Tract: 9705. Block(s): 290A, 290B, 291, 292, 301, 323, 324, 325, 326, 327, 328, 540, 636, 637, 642, 643, 644, 645,

Page 878

701A, 701B, 702, 703, 704A, 704B, 705A, 705B, 706, 707, 708, 709, 710, 711, 712, 713, 714A, 714B, 715, 716, 717, 718, 719, 720, 721, 722, 723, 724, 725, 726, 727, 728, 729, 730, 731, 733, 734, 735, 736, 737, 738, 739, VTD: 0009 WARM SPRINGS VTD: 0010 DURAND (Part) Tract: 9706. Block(s): 312, 313, 314, 315, 316, 317, 331, 332, 333, 334, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 350, 359, 378, 379, 380, 381, 382, 383, 384, 385, 386, 387, 395, 396, 397 VTD: 0011 ODESSADALE-SEVENTH MUSCOGEE COUNTY VTD: 0006 WYNNTON (Part) Tract: 0011. Block(s): 201, 202, 203, 204, 206, 207, 208, 221 Tract: 0012. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 401, 402, 404, 405, 406, 407, 408, 409, 410, 411 Tract: 0023. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119 VTD: 0012 WESLEY HEIGHTS (Part) Tract: 0106.04 Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 230, 233, 303, 312, 316, 317, 318, 322, 329, 332, 333, 334, 335, 336, 337, 339, 340, 341, 342, 343, 344 VTD: 0014 ROTHSCHILD VTD: 0015 EDGEWOOD VTD: 0016 GENTIAN VTD: 0017 BRITT DAVID VTD: 0018 BLANCHARD VTD: 0019 REESE ROAD VTD: 0020 MORNINGSIDE VTD: 0021 MIDLAND VTD: 0022 UPATOI VTD: 0023 WOOD

Page 879

VTD: 0024 NORTH HIGHLAND (Part) Tract: 0005. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 201, 202, 203, 204, 205, 207, 208, 209, 210, 213, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314 Tract: 0006. Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 118, 119, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218 Tract: 0016. Block(s): 102, 103, 104, 105, 106, 109, 110, 301, 302, 303, 307, 308, 401, 402, 403, 407, 408, 411, 414 Tract: 0110. Block(s): 119B, 122 VTD: 0025 EAST HIGHLAND (Part) Tract: 0008. Block(s): 202, 203, 204, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321 Tract: 0014. Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 406, 407, 408, 409, 410, 411, 412, 413, 414 Tract: 0015. Block(s): 104, 105, 106, 107, 108, 109, 124, 125 Tract: 0018. Block(s): 102, 103, 104, 107, 108, 109, 110, 111, 112, 202, 403, 404, 407, 408, 411, 412, 413 VTD: 0026 SAINT ELMO (Part) Tract: 0012. Block(s): 101, 102, 103, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 121, 122, 123, 133, 201, 203, 204, 205, 206, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219 Tract: 0013. Block(s): 101, 210 Tract: 0018. Block(s): 106, 113, 114, 201 Tract: 0019. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 132

Page 880

VTD: 0027 CLUBVIEW VTD: 0028 BIBB CITY VTD: 0029 JOHNSON VTD: 0030 ARNOLD VTD: 0031 BEALLWOOD VTD: 0032 DOUBLE CHURCHES VTD: 0033 FORTSON VTD: 0034 21A VTD: 0035 32B PEACH COUNTY VTD: 0005 DISTRICT 1 VTD: 0020 BYRON District: 8 JOHNSON COUNTY LAURENS COUNTY BLECKLEY COUNTY TREUTLEN COUNTY DODGE COUNTY PULASKI COUNTY WHEELER COUNTY TELFAIR COUNTY WILCOX COUNTY JEFF DAVIS COUNTY TURNER COUNTY BEN HILL COUNTY WORTH COUNTY COFFEE COUNTY IRWIN COUNTY TIFT COUNTY BERRIEN COUNTY ATKINSON COUNTY COOK COUNTY CLINCH COUNTY LANIER COUNTY ECHOLS COUNTY BIBB COUNTY VTD: 0007 EM07 VTD: 0009 EM09 VTD: 0014 GODFREY 05 VTD: 0015 GODFREY 06

Page 881

VTD: 0017 GODFREY 08 VTD: 0018 GODFREY 09 VTD: 0020 HAZARD 06 VTD: 0021 HAZARD 03 VTD: 0024 HO 01 VTD: 0025 HO 02 VTD: 0026 HO 03 VTD: 0027 HO 04 VTD: 0028 HO 05 VTD: 0029 HO 06 VTD: 0030 HO 07 VTD: 0031 HO 08 VTD: 0032 RUTLAND 01 VTD: 0033 RUTLAND 02 (Part) Tract: 0130. Block(s): 283B, 291 Tract: 0135.01 Block(s): 401, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523 Tract: 0135.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 129, 130, 133, 134, 135, 136, 137, 205, 206, 207, 208, 209, 210, 211, 212, 303, 305, 306, 307, 308 VTD: 0039 VINEVILLE 06 VTD: 0040 VINEVILLE 07 (Part) Tract: 0102. Block(s): 115, 207, 208, 209, 210, 211, 212, 214, 304, 401, 402, 403, 404, 405, 406, 407, 408, 409 VTD: 0041 VINEVILLE 08 (Part) Tract: 0110. Block(s): 318, 319 Tract: 0119. Block(s): 101, 102, 103, 112, 113, 201B, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319 VTD: 0042 VINEVILLE 09

Page 882

VTD: 0045 WA 01 VTD: 0046 WA 02 VTD: 0047 HAZARD 02 VTD: 0048 HAZARD 04 COLQUITT COUNTY VTD: 0001 BRIDGE CREEK (Part) Tract: 9709. Block(s): 224, 263, 264, 275, 301B, 317, 318, 319, 320, 322, 323, 324, 325A, 325C, 326, 327, 328, 329, 330, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418A, 418B, 418C, 418D, 419, 420, 459, 460, 461, 462 VTD: 0002 CROSLAND VTD: 0003 DOERUN VTD: 0004 FUNSTON (Part) Tract: 9709. Block(s): 101, 102, 103A, 103B, 104A, 104B, 105, 106, 107, 108, 109, 118, 119, 120, 121, 122, 123A, 123B, 124, 125, 126, 127A, 127B, 128, 129B, 130, 132, 133, 308A, 309, 310, 311, 312, 313, 314A VTD: 0005 HAMILTON VTD: 0007 LEE VTD: 0008 MILL CREEK VTD: 0009 MONK VTD: 0010 MOULTRIE (Part) Tract: 9703. Block(s): 215A, 215B Tract: 9704. Block(s): 107A, 108A, 108B, 109A, 110A, 111, 112, 119, 120, 121, 126, 127, 136A, 138A, 139, 140, 141, 142, 143, 201A, 203A, 204, 205, 206, 207, 208, 209, 210, 211, 232, 233, 234, 235A, 236A, 237A, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 335A, 337, 340, 341, 342 Tract: 9706. Block(s): 102A, 104A, 104B, 105A, 106A, 108A, 108C, 116A, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126A, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139A, 139B, 301, 302A, 302B, 304, 305, 306A, 307A, 308A, 314A, 315A, 316, 317, 318, 322A Tract: 9707.

Page 883

Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121A, 121B, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131A, 131B, 132, 133, 134, 135, 136, 137, 138, 139, 201, 202, 203, 204, 217, 218, 219, 220, 230, 231, 232, 233, 234, 235, 243, 244, 245, 246, 247, 248, 249, 257, 258, 308, 309, 310, 311, 312, 313, 330, 331, 335, 336, 337, 338, 339, 340, 341, 342, 343, 401, 402A, 402B, 403A, 403B, 404A, 404B, 405, 406A, 406B, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419A, 419B, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 501A, 502, 503, 505, 506, 509A, 510A, 511A, 512A, 513A, 513B, 513C, 514, 515, 516A, 517A, 518A, 519, 520A, 521A, 522A, 537, 538A, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622A, 622B, 623A, 623B, 624, 625A, 626A, 627, 628, 629, 630 Tract: 9708. Block(s): 131, 132, 133, 201, 202, 203, 204, 212, 213, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 301A, 301B, 301D, 301E, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418 VTD: 0011 MURPHY VTD: 0012 NORMAN PARK VTD: 0013 ROBINSON VTD: 0014 THIGPEN VTD: 0015 TY TY VTD: 0016 WARRIOR VTD: 0017 HOPEWELL VTD: 0019 AUTREYVILLE CRISP COUNTY VTD: 0001 CORDELE (Part) Tract: 9801. Block(s): 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 121, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 149, 150, 156, 157, 158, 159A, 159B, 160, 161, 162, 163A, 163B, 164, 165, 166, 167, 168, 169, 170, 201, 202, 203, 207, 208, 209, 210, 214, 215A,

Page 884

215B, 215C, 215D, 215E, 216A, 216B, 217, 218, 219, 220, 221, 222A, 222B, 222C, 223A, 223B, 224A, 224B, 225, 226, 227, 228, 229, 230A, 230B, 231A, 231B, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252A, 252B, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263B, 264B, 265B, 266B, 267, 268, 269, 301A, 301B, 302, 303A, 303B, 304, 305A, 305B, 306B, 306C, 319, 322, 323A, 323B, 324A, 324B, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363 Tract: 9802. Block(s): 101, 102, 103, 104, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143A, 143B, 144A, 144B, 145, 146, 147, 148, 149, 150, 168A, 168B, 168C, 168D, 168E, 168F, 169, 170, 171, 172, 175, 176, 177, 178, 184, 185, 186, 187, 193, 194, 195, 196B, 197B, 328, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 501, 502, 550, 551, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 618, 619 Tract: 9803. Block(s): 113, 118, 119, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 172, 173, 201, 202A, 202B, 202C, 203A, 203B, 204A, 204B, 205A, 205B, 206A, 206B, 207, 208, 209, 210, 211, 212, 213, 214A, 214B, 215, 216A, 216B, 217, 218A, 218B, 219A, 219B, 220A, 220B, 221A, 221B, 221C, 222, 223, 224A, 224B, 224C, 225, 226A, 226B, 227, 228A, 228B, 229A, 229B, 230A, 230B, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255A, 255B, 255C, 256A, 256B, 256C, 256D, 256E, 256F, 257A, 257B, 258A, 258B, 258C, 259A, 259B, 260A, 260B, 261A, 261B, 262A, 262B, 263A, 263B, 264, 265, 266A, 266B, 267A, 267B, 268A, 268B, 269, 270, 271, 301, 302, 303, 312, 313, 314, 315, 316, 317, 318,

Page 885

319, 320, 321, 322, 323, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 355, 356, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370 Tract: 9804. Block(s): 101, 102, 103, 104, 105, 106, 107A, 107B, 107C, 107D, 108A, 108B, 109A, 109B, 110A, 110B, 111A, 111B, 112A, 112B, 113A, 113B, 114, 115, 116A, 116B, 117A, 117B, 118A, 118B, 119, 120A, 120B, 120C, 121A, 121B, 122A, 122B, 123, 124, 125A, 125B, 126A, 126B, 126C, 127, 128, 129, 130, 131, 132, 133A, 133B, 134A, 134B, 134C, 135A, 135B, 136, 137A, 137B, 138A, 138B, 139, 140, 141A, 141B, 141C, 142, 143, 144, 145, 146, 147, 148, 149, 150, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 301, 302, 307, 308, 309, 310, 319, 320, 327, 328, 329, 330, 335, 336, 337, 338, 339, 401, 402A, 402B, 403, 404, 405A, 405B, 406A, 406B, 406C, 407A, 407B, 407C, 408, 409A, 409B, 410A, 410B, 411, 412, 413, 414A, 414B, 414C, 414D, 414E, 415A, 415B, 415C, 416, 417, 418A, 418B, 432, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 501A, 501B, 502A, 502B, 503A, 503B, 503C, 504, 505, 506, 507, 508, 509, 510, 511A, 511B, 512, 513, 514A, 514B, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527A, 527B, 528A, 528B, 528C, 528D, 529A, 529B, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544 Tract: 9805. Block(s): 101, 102, 103, 104, 105, 106, 107, 114, 115, 116, 117, 118, 119, 120 VTD: 0002 LISTONIA VTD: 0003 HATLEY VTD: 0004 ARABI VTD: 0005 JAMESTOWN VTD: 0006 CONEY DOOLY COUNTY

Page 886

VTD: 0002 SIXTH 1012 VTD: 0003 THIRD 516 VTD: 0005 FINDLAY 1552 DOUGHERTY COUNTY VTD: 0001 NATIONAL GUARD ARMORY VTD: 0002 NW LIBRARY VTD: 0003 PORTERFIELD METH CH GYM VTD: 0004 LOWER DEERFIELD-WINDSOR VTD: 0005 WESTOVER HIGH SCHOOL VTD: 0006 MERRY ACRES JR HIGH SCH VTD: 0008 ALBANY JR COLLEGE VTD: 0023 PUTNEY YOUTH CENTER VTD: 0024 MOCK ROAD ELEMENTARY SCH VTD: 0025 DOUGHERTY JR HIGH SCHOOL VTD: 0026 BRANCH ROAD PRECINCT VTD: 0028 SCOTTISH RITE TEMPLE HOUSTON COUNTY VTD: 0001 RUMB (Part) Tract: 0205. Block(s): 221, 222, 223, 224, 225, 227A, 227B, 228, 233, 234, 235 Tract: 0207. Block(s): 101B, 201A, 201B, 202, 203A, 203B, 203C, 203D, 204A, 204B, 204C, 205A, 205B, 205C, 206, 207, 208A, 208B, 307A, 307B, 308A, 308C, 401, 402, 403, 404, 405, 406, 407, 408, 409 Tract: 0208. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 201, 301, 901A, 901B, 901C Tract: 0211.01 Block(s): 101A, 101B, 102A, 102B, 103A, 103B, 104A, 104B, 105A, 105B, 105C, 105D, 106, 107, 108A, 108B, 108C, 108D, 108E, 109, 110, 114A, 114B, 115A, 115B VTD: 0002 MILL VTD: 0003 MSSH (Part) Tract: 0201.03 Block(s): 301A, 303 Tract: 0202. Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119

Page 887

Tract: 0203. Block(s): 315, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429 VTD: 0004 RECR (Part) Tract: 0201.02 Block(s): 222, 223 Tract: 0201.03 Block(s): 301B Tract: 0204. Block(s): 125, 127, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 901, 902, 903, 904, 905, 906 Tract: 0205. Block(s): 106, 107, 108, 109, 110, 111, 112, 115, 116, 117, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 226, 229, 230, 231, 232 Tract: 0206. Block(s): 101, 102A, 102B, 102C, 102D, 102E, 103, 201, 202A, 202B, 202C, 202D, 202E, 203, 204A, 204B, 205, 206, 207A, 207B, 208, 901A, 901B, 901C, 901D, 901E, 901F, 901G, 901H, 901J, 901K, 901L, 905, 906, 907A, 907B, 907C, 908A, 908B, 909A, 909B Tract: 0209. Block(s): 101, 102, 103, 104, 106, 107, 112, 113, 119, 120, 121 VTD: 0006 RUSS VTD: 0007 PKWD VTD: 0008 NSJH (Part) Tract: 0201.02 Block(s): 201, 202, 219, 220, 221, 227, 228, 229, 230, 231, 301A, 301C, 302A, 302B, 302C, 303A, 303B, 304, 305, 306A, 306B, 306C, 308, 309A, 309B, 401A, 401B, 401C, 401D, 401E, 401F, 401G, 401H, 401J, 402, 403, 404, 405, 406, 407, 408, 409, 411, 412, 414, 415, 417, 418, 419, 420, 426, 427, 428 VTD: 0009 LII VTD: 0010 UII (Part) Tract: 0211.01

Page 888

Block(s): 113B Tract: 0211.02 Block(s): 101A, 101B, 102, 103, 104, 105, 106A, 106B, 106C, 106D, 106E, 106F, 107A, 107B, 108, 109, 110, 111A, 111B, 112A, 112B, 113A, 113B, 114A, 114B, 115A, 115B, 116A, 116B, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 301, 304 Tract: 0211.03 Block(s): 101, 102, 103, 104, 105, 201, 202, 203A, 203B, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 301, 302, 303, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 337, 338, 339, 340, 341, 342, 343, 344, 345 VTD: 0011 10TH (Part) Tract: 0211.02 Block(s): 302, 303, 305, 306, 307, 308, 309, 310, 311, 312, 313 Tract: 0211.03 Block(s): 334, 335, 336 Tract: 0212. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 201, 202, 203, 206 VTD: 0012 CENT (Part) Tract: 0201.01 Block(s): 101, 102A, 102B, 102C, 103, 104, 105A, 105B, 106A, 106B, 107, 108A, 108B, 109A, 109B, 110, 111A, 111B, 201A, 201B, 201C, 202, 203, 204, 205, 206A, 206B, 207A, 207B, 207C, 207D, 207E, 208A, 208B, 208C, 209, 210A, 210B, 210C, 211, 212A, 212B, 212C, 213A, 213B, 214A, 214B, 215A, 215B, 216A, 216B, 218A, 218B, 218C, 218D, 218E, 219A, 219B, 219C, 219D, 220, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 408A Tract: 0201.02 Block(s): 203, 206, 207, 208, 209, 211, 212, 213, 214, 215, 216, 217, 218

Page 889

VTD: 0013 ANNX (Part) Tract: 0209. Block(s): 408, 409, 410, 411 Tract: 0210. Block(s): 301, 302, 303A, 303B, 303C, 303D, 303E, 303F, 303G, 318, 319 Tract: 0211.01 Block(s): 201B, 201C, 201D, 201E, 202A, 202B, 203, 204, 205A, 205B, 206, 207, 208A, 208C, 211B, 211C, 211F, 301A, 301B, 301C, 302A, 302B, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 401, 402, 403, 404, 405A, 405B, 405C, 405D, 406A, 406B, 407A, 407B, 407C, 407D, 407E, 407F, 407G, 408A, 408B, 409A, 409B, 410A, 410B, 410C, 411, 412A, 412B, 413, 414, 415, 416, 417, 418, 419A, 419B, 420, 421, 422, 423, 424A, 424B Tract: 0211.02 Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219 VTD: 0015 12TH (Part) Tract: 0215.02 Block(s): 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 201, 202, 203, 205, 206, 207, 208, 209, 210, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 231, 237, 238, 239, 240, 241, 242 VTD: 0016 TOWN (Part) Tract: 0212. Block(s): 204, 205, 207, 208, 209, 210, 211A, 211B, 212, 213A, 213B, 214, 215, 301, 302, 303A, 303B, 508, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624, 625, 626, 627, 628, 629, 630, 631, 701, 702, 703, 704, 709, 710 Tract: 0213. Block(s): 101, 102A, 102B, 103A, 103B, 104, 105, 106, 107, 108, 109A, 109B, 110, 111, 112, 113A,

Page 890

113B, 113C, 114, 115A, 115B, 115C, 115D, 116, 117A, 117B, 117C, 131, 132, 303, 304, 311D, 314, 315, 316, 317, 428A, 428B, 429B, 430B, 431, 432 Tract: 0214. Block(s): 111, 112, 113, 114, 115, 116, 117, 118, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 301, 302, 303, 304, 305A, 305B, 306A, 306B, 307A, 307B, 308, 309, 310, 311, 312, 313A, 313B, 313C, 314, 315, 316, 317, 318A, 318B, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328A, 328B, 329, 330, 331, 332, 401, 402A, 402B, 407, 408, 507, 525, 526, 527, 528, 529, 530 Tract: 0215.02 Block(s): 143B, 144, 145 VTD: 0017 WRJH JONES COUNTY VTD: 0001 BARRON AND CLINTON (Part) Tract: 0301.02 Block(s): 117, 118, 119, 204, 205, 206, 208, 209, 225, 226, 227 VTD: 0005 ROBERTS (Part) Tract: 0301.02 Block(s): 207, 213, 219, 220, 221, 222, 223, 224, 228, 229, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331 VTD: 0008 ROBERTS 4 LEE COUNTY VTD: 0002 REDBONE VTD: 0003 LEESBURG (Part) Tract: 0203. Block(s): 424, 430, 431B, 432, 433, 434B, 435, 436, 437, 439A, 439B, 440A, 440B, 440C, 441A, 441B, 441C, 442, 443, 444A, 444B, 445A, 445B, 446A, 446B, 447, 448, 449, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 475A, 475B, 476A, 476B, 477A, 478, 479, 480, 501, 502, 503, 504, 505A, 506, 507A, 508 VTD: 0004 CENTURY VTD: 0005 PALMYRA

Page 891

LOWNDES COUNTY VTD: 0001 HAHIRA VTD: 0002 MINEOLA (Part) Tract: 0102. Block(s): 461, 462, 475, 476, 477, 478, 479, 480, 481, 482, 483, 485, 486, 487 VTD: 0003 MOODY MASONIC VTD: 0004 MATHIS AUDITORIUM (Part) Tract: 0101. Block(s): 305A, 305B, 306 Tract: 0103. Block(s): 201A, 202, 203A, 204A, 205, 206A, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219A, 221A, 221B, 221C, 222A, 222B, 233, 234A, 235, 236, 237, 238, 251, 252, 254A, 257A Tract: 0104. Block(s): 125A, 126, 127, 128, 129, 130, 131A, 132A, 132B, 134A, 135A, 139A, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 201, 202, 203, 204, 205, 206, 207, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234 VTD: 0006 CHURCH LATTERDAY SAINTS VTD: 0008 NAYLOR COURTHOUSE VTD: 0009 CLYATTVILLE VTD: 0010 DASHER VTD: 0011 LAKE PARK VTD: 0012 FIRST CHRISTIAN CHURCH VTD: 0013 LOWNDES CIVIC CENTER AND FORREST PK CHURCH (Part) Tract: 0105. Block(s): 101, 102, 129 Tract: 0106. Block(s): 301A, 301B, 302, 303A, 303B, 303C Tract: 0107. Block(s): 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 255, 256, 257, 258, 259, 260, 301, 302, 303, 304, 305, 306, 307, 308, 309, 311, 312, 313, 314, 315, 316, 317, 318, 322, 328, 329 Tract: 0108.

Page 892

Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113B, 114, 131, 132, 133, 134, 201, 202A, 202B, 202C, 203, 401B, 434B, 436B VTD: 0014 SOUTHSIDE FIRE DEPARTMENT VTD: 0016 REDLANDS BAPTIST CHURCH VTD: 0017 SHILOH FIRE STATION (Part) Tract: 0102. Block(s): 342, 343, 344A, 344B, 344C, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, 384, 385, 386, 387, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456 VTD: 0018 NEW COVENANT CHURCH (Part) Tract: 0101. Block(s): 269, 270, 271, 274A, 274B, 275, 277, 278, 279, 280, 281, 283, 284, 285, 289, 290, 291, 292, 293, 305E, 305F, 305G, 305H, 305J, 305K, 305M Tract: 0103. Block(s): 101, 102B, 102C, 103B, 104, 105, 201B, 201C, 201D, 201E, 201F, 201G, 201H, 201J, 201K, 201L, 201M, 203B, 204B, 206B, 206C, 206D, 206E, 206F, 206G, 219B, 220B, 221D, 221E, 222C, 222D, 222E, 241B, 241C, 241D, 242, 243, 244, 245, 246, 247, 248B, 253C, 254C, 256B, 257B, 257C, 257D Tract: 0104. Block(s): 101B, 102B, 103B, 117B, 122B, 122C, 123B, 124B, 125B, 125C, 131B, 132C, 133, 134B, 135B, 139B Tract: 0106. Block(s): 101B, 101C, 102C, 102D, 102E, 104, 105B, 105C, 106, 107, 108, 109B, 109C, 109D, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211B, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221A, 221B, 221D, 222, 223, 224, 225, 226, 227, 228 VTD: 0021 REMERTON CITY HALL VTD: 0022 EVANGEL CATHEDRAL TWIGGS COUNTY

Page 893

VTD: 0002 HAMMOCK VTD: 0006 PEARSON 1 VTD: 0008 SMITH VTD: 0011 PEARSON 2 (Part) Tract: 0601.98 Block(s): 389 Tract: 0602. Block(s): 501, 502, 505, 507, 509, 510, 515, 516, 518 Section 2. Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, is amended in Code Section 28-2-2, relating to apportionment of the Senate and qualifications of its members, by striking from subsection (a) the descriptions of Senate districts No. 21, 32, 33, 37, 42, 48, 53, 54, and 56 and inserting in their respective places new district descriptions to read as follows: District: 21 COBB COUNTY VTD: 0003 BELLS FERRY 1 VTD: 0004 BELLS FERRY 2 VTD: 0005 BELLS FERRY 3 VTD: 0023 ELIZABETH 2 (Part) Tract: 0305.01 Block(s): 205, 206, 207, 208, 209, 210, 301B, 302, 303, 304, 305, 306, 307B, 308B, 309, 310, 311, 409, 501, 502, 503, 504, 601B, 601C, 601D, 602K, 701B, 702, 703, 704, 705, 706, 707, 708, 709, 710C, 711B, 713, 714, 715, 716, 819 VTD: 0024 ELIZABETH 3 (Part) Tract: 0305.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112B, 112C, 113, 114C, 115, 116, 201C, 201D, 203, 204, 205, 206, 207, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410 Tract: 0305.03 Block(s): 301 VTD: 0025 ELIZABETH 4 (Part) Tract: 0305.03 Block(s): 302B, 302C, 302D, 303, 304, 305, 306, 307C, 308B, 309C, 309D, 310, 311, 312, 313,

Page 894

314B, 315C, 318B, 401, 402B, 404, 405, 406B, 411B, 411C, 411D, 412B, 413B VTD: 0026 ELIZABETH 5 AND SEWELL MILL 1 (Part) Tract: 0303.15 Block(s): 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415 That part of Block 501 which lies west of a branch of Sewell Mill Creek extended to its intersection with Post Oak Tritt Road Block(s): 502, 503, 504, 509, 510, 511, 512, 513, 514, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 701, 702, 703, 704, 705, 706, 802, 803, 807, 808, 809, 810, 811, 812 VTD: 0033 FULLERS 1 AND FULLERS 2 (Part) Tract: 0304.01 Block(s): 907B, 908, 920B, 920C Tract: 0304.02 Block(s): 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 216, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 601B, 602, 603, 604B, 605, 606, 608, 609, 611, 613, 614, 615B, 649, 650 Tract: 0304.05 Block(s): 205B, 301, 302, 303, 304, 401C, 401D, 401E, 402B, 403, 404, 405, 406B, 407C, 501, 502, 503, 504, 601B, 601C, 602B, 603C, 701B, 702, 703, 704B, 901, 902, 903, 904, 905 VTD: 0035 FULLERS 3 VTD: 0036 FULLERS 4 (Part) Tract: 0304.05 Block(s): 407A, 407F Tract: 0304.06 Block(s): 801C VTD: 0038 GARRISON MILL VTD: 0039 GRITTERS 1 VTD: 0040 GRITTERS 2 VTD: 0041 GRITTERS 3 VTD: 0042 GRITTERS 4 VTD: 0043 GRITTERS 5 VTD: 0044 GRITTERS 6 VTD: 0045 GRITTERS 7 VTD: 0062 MARIETTA 6 (Part)

Page 895

Tract: 0304.01 Block(s): 901A, 906A, 907A, 919A, 920A, 920D Tract: 0304.02 Block(s): 601A, 604A, 615A Tract: 0304.05 Block(s): 101, 102, 103, 104, 201, 202, 203A, 203B, 204, 205A, 401A, 402A, 601A, 602A, 603A, 603B, 701A, 704A, 801, 802, 803 Tract: 0305.02 Block(s): 112A, 114B Tract: 0305.03 Block(s): 202A, 205A, 207, 302A, 307A, 307B, 308A, 309A, 309B, 315B, 316A, 316B, 317, 318A, 402A, 403, 406A, 407, 408, 409, 410, 411A, 412A, 413A, 414, 415, 416, 417, 418, 419A, 501A, 502A, 502B, 503A VTD: 0063 MARIETTA 7 (Part) Tract: 0304.05 Block(s): 401B, 406A, 407B, 408, 410 Tract: 0304.06 Block(s): 801A VTD: 0068 MT. BETHEL 2 (Part) Tract: 0303.17 Block(s): 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 701, 702, 703 VTD: 0079 PARKAIRE VTD: 0081 POST OAK 1 VTD: 0082 POST OAK 2 AND POST OAK 9 VTD: 0083 POST OAK 3 VTD: 0084 POST OAK 4 VTD: 0086 POST OAK 6 VTD: 0087 POST OAK 8 VTD: 0092 SEWELL MILL 2 VTD: 0093 SEWELL MILL 3 AND SEWELL MILL 4 (Part) Tract: 0304.01 Block(s): 106, 117, 118, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 901B, 902, 903, 904, 905, 906B, 909, 910, 911, 912, 913, 914, 915, 916, 917, 918, 919B, 920E Tract: 0304.02 Block(s): 122, 127

Page 896

Tract: 0305.03 Block(s): 201, 202B, 203, 204, 205B, 205C, 206, 419B, 419C, 501B, 502C, 503B, 503C, 504, 505, 506, 507, 508 VTD: 00A3 SOPE CREEK 1 VTD: 00B3 GRITTERS 8 VTD: 00B4 GRITTERS 11 VTD: 00B5 GRITTERS 10 VTD: 00B7 GRITTERS 9 District: 32 COBB COUNTY VTD: 0009 BIRNEY 1 VTD: 0010 BISHOP LAKE VTD: 0011 CHATTAHOOCHEE 1 VTD: 0012 CHATTAHOOCHEE 2 VTD: 0014 CHESTNUT RIDGE VTD: 0016 DICKERSON VTD: 0017 DOBBINS 1 (Part) Tract: 0311.01 Block(s): 101B, 101C, 101D, 103, 104, 106B, 121B, 122B Tract: 0311.03 Block(s): 109B, 110A, 110D, 110E, 110F, 116B, 201B, 204B, 204C, 205C, 205D, 205E, 205F, 206, 207B, 207C, 210B, 211B, 212, 213, 214, 218B, 219, 220, 221B, 222B, 223B, 224B, 224C, 226C, 226D, 226E, 226F, 230B, 231B, 232B, 233B, 234, 235, 236, 237, 239, 301B, 302B, 303C, 303D, 304B, 310B Tract: 0311.07 Block(s): 205B Tract: 0311.08 Block(s): 102E, 102F, 102G, 103B, 106B, 107B, 201B, 204B, 204C, 204D, 205B, 215B, 411B, 411C VTD: 0019 DODGEN VTD: 0021 EASTSIDE VTD: 0026 ELIZABETH 5 AND SEWELL MILL 1 (Part) Tract: 0303.15 That part of Block 501 which lies east of a branch

Page 897

of Sewell Mill Creek extended to its intersection with Post Oak Tritt Road Block(s): 505, 506, 507, 508 VTD: 0036 FULLERS 4 (Part) Tract: 0304.05 Block(s): 407D, 407E, 407G, 409 Tract: 0304.06 Block(s): 801B VTD: 0037 FULLERS 5 VTD: 0055 MABLETON 4 VTD: 0067 MT. BETHEL 1 VTD: 0068 MT. BETHEL 2 (Part) Tract: 0303.17 Block(s): 501, 502, 503, 504, 505, 506, 507, 508 VTD: 0069 MT. BETHEL 3 VTD: 0071 NORTON PARK 1 (Part) Tract: 0311.05 Block(s): 105B, 107B, 112, 116D, 116E, 116F, 116G, 117, 118, 124B, 126B, 126C, 127, 128B, 129, 130B, 130C, 132, 135C, 136B, 136C, 137B, 139B, 602, 603, 604, 615, 621, 623 Tract: 0311.06 Block(s): 409, 410 Tract: 0311.07 Block(s): 404, 405, 406, 407, 408, 411, 413, 414, 415, 419, 420, 422 VTD: 0072 NORTON PARK 2 VTD: 0073 OAKDALE 1 VTD: 0074 OAKDALE 2 VTD: 0076 OREGON 2 VTD: 0085 POST OAK 5 VTD: 0095 SMYRNA 1 VTD: 0096 SMYRNA 2 VTD: 0097 SMYRNA 3 VTD: 0098 SMYRNA 4 VTD: 0099 SMYRNA 5 VTD: 00A1 SMYRNA 6 VTD: 00A2 SMYRNA 7 VTD: 00A4 SOPE CREEK 2 VTD: 00A5 SOPE CREEK 3 VTD: 00A9 VININGS 1 VTD: 00B1 VININGS 2

Page 898

VTD: 00B2 VININGS 3 VTD: 00C2 BIRNEY 2 District: 33 COBB COUNTY VTD: 0002 AUSTELL VTD: 0015 CLARKDALE VTD: 0017 DOBBINS 1 (Part) Tract: 0311.08 Block(s): 102A VTD: 0018 DOBBINS 2 (Part) Tract: 0303.21 Block(s): 302B, 303, 304, 305, 306, 307, 308, 309, 310, 311, 403B, 403C, 403D Tract: 0304.04 Block(s): 101E, 102B, 103B, 104, 105, 301B, 401C, 401D, 401E, 503B, 504, 601B, 603B Tract: 0304.06 Block(s): 101C, 101D, 101E, 101F, 101G, 102B, 301B, 301C, 401C, 401D, 401E, 401F, 501D Tract: 0305.03 Block(s): 208B Tract: 0308. Block(s): 208, 209C, 209D, 215B, 312B, 312C, 318B Tract: 0310.01 Block(s): 901, 902, 903, 904, 905, 906, 907A, 907B, 908B, 909A, 909B, 910C, 910E, 910F, 910G, 910H, 910J, 910K, 910L, 910M, 910N, 910P, 913, 914, 915A, 915B, 915C, 915D, 916, 917, 918, 919A, 919B, 920, 921, 922, 923, 924A, 924B, 924C, 925B, 925C Tract: 0311.08 Block(s): 102H, 102J, 202B, 209B, 301, 302, 303B, 305, 306, 307, 309, 310B, 311, 312, 313B, 313C, 314B, 316, 317, 318, 320B, 321B, 322, 401D, 401E, 403, 404A, 404B, 405A, 405C, 406, 407, 408, 409B, 411D VTD: 0022 ELIZABETH 1 (Part) Tract: 0305.01 Block(s): 901B, 902B, 902C, 903B, 904, 905C, 905D, 908B, 909

Page 899

Tract: 0305.02 Block(s): 601C Tract: 0305.03 Block(s): 108B Tract: 0306. Block(s): 101B, 102B, 103B, 104B, 105, 106B, 106C, 107, 109B, 114, 115B, 115C, 118B, 118C, 119B, 119C, 120B, 121, 122B, 124B, 125B, 127B, 132B, 132C, 201B, 202, 203, 217, 308B, 325B, 405C, 419B, 420B, 421B, 422B, 423B, 424F, 424G, 424H, 424J, 424K, 424L, 424M, 425B, 425C, 501D, 501E, 601, 602, 603, 604, 605, 606C, 606D, 606E, 607B, 607C, 609, 701, 702, 703B, 704B, 705B, 706C, 707, 708B, 708C, 708D, 708E, 708F, 709, 710, 711B, 711C, 711D, 712, 713B VTD: 0023 ELIZABETH 2 (Part) Tract: 0305.01 Block(s): 602F, 602G, 602H, 602J, 602L, 603, 604D, 604E, 604F, 605C, 605D, 606C, 710B, 711C, 717B, 718B VTD: 0024 ELIZABETH 3 (Part) Tract: 0305.02 Block(s): 201B, 202C VTD: 0025 ELIZABETH 4 (Part) Tract: 0305.02 Block(s): 301, 302B, 303C, 303D, 303E, 304B, 305C, 305D, 305E, 306, 307, 308, 309, 310, 316B, 317B, 317C, 318B, 319 VTD: 0027 FAIR OAKS 1 VTD: 0028 FAIR OAKS 2 VTD: 0029 FAIR OAKS 3 VTD: 0030 FAIR OAKS 4 VTD: 0031 FAIR OAKS 5 VTD: 0032 FAIR OAKS 6 (Part) Tract: 0306. Block(s): 108B, 109C, 110C, 113B, 128B Tract: 0307. Block(s): 118C Tract: 0308. Block(s): 206B Tract: 0309.02

Page 900

Block(s): 123A, 201, 202A, 203A, 204, 205, 206A, 207A, 209, 210, 211, 212, 213, 303, 304, 305, 306, 307, 402B, 402C, 402D, 701B, 701C Tract: 0309.03 Block(s): 202B Tract: 0310.02 Block(s): 101, 102, 209A, 210C, 213B, 213C, 224A VTD: 0036 FULLERS 4 (Part) Tract: 0304.06 Block(s): 601, 602C, 603, 701B, 702, 703 VTD: 0046 HOWELLS 1 (Part) Tract: 0313.02 Block(s): 111, 117 VTD: 0048 HOWELLS 3 VTD: 0052 MABLETON 1 VTD: 0053 MABLETON 2 VTD: 0054 MABLETON 3 VTD: 0056 MACLAND (Part) Tract: 0315.01 Block(s): 110D, 110E, 110G Tract: 0315.02 Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216B, 217, 218, 219, 220, 221, 222, 223, 224, 225, 401D, 402B, 801B, 801C VTD: 0057 MARIETTA 1 VTD: 0058 MARIETTA 2A (Part) Tract: 0309.02 Block(s): 402A, 403, 404, 405, 406, 407, 505, 506, 701A VTD: 0059 MARIETTA 3 VTD: 0060 MARIETTA 4 (Part) Tract: 0305.01 Block(s): 908A Tract: 0305.02 Block(s): 602 Tract: 0306. Block(s): 101A, 102A, 103A, 104A, 106A, 108A, 109A, 110A, 110B, 111, 112, 113A, 115A, 116, 117, 118A, 119A, 120A, 122A, 123, 124A, 125A, 126, 127A, 128A, 132A, 201A, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 218, 220, 221, 225, 226, 318, 319, 320, 321, 322, 402, 404,

Page 901

405A, 405B, 406, 407, 408, 409, 410, 419A, 420A, 421A, 422A, 423A, 424A, 424B, 424C, 424D, 424E, 425A, 426, 606A, 606B, 607A, 608, 703A, 704A, 705A, 706A, 708A, 708G Tract: 0307. Block(s): 402, 403, 404, 405, 406, 407B, 412, 416, 417, 420, 421, 501, 503, 504, 505, 506, 507, 508, 509, 510, 518, 519 VTD: 0061 MARIETTA 5 (Part) Tract: 0305.01 Block(s): 301A, 307A, 308A, 601A, 601E, 602A, 602B, 602C, 602D, 602E, 604A, 604B, 604C, 605A, 605B, 606A, 606B, 701A, 710A, 711A, 712, 717A, 718A, 901A, 902A, 903A, 905A, 905B, 906, 907 Tract: 0305.02 Block(s): 114A, 201A, 201E, 202A, 202B, 302A, 303A, 303B, 304A, 305A, 311, 312, 313, 314, 315, 316A, 601A, 601B, 603, 604, 605, 606, 607A, 607B Tract: 0306. Block(s): 706B, 711A, 713A Tract: 0307. Block(s): 101, 102, 103, 104, 105, 108, 111, 112, 113, 114, 115, 116, 118A, 118B, 119, 120, 121, 122, 123, 312, 313, 316, 317, 502, 511, 512, 513, 514, 515, 516, 517, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 712, 713, 714, 715 VTD: 0062 MARIETTA 6 (Part) Tract: 0304.04 Block(s): 301A, 302 Tract: 0305.02 Block(s): 305B, 317A, 318A Tract: 0305.03 Block(s): 101, 102, 103, 104, 105, 106, 107, 108A, 109, 110, 111, 112, 208A, 209, 210, 211, 212, 213, 214, 215, 216, 314A, 315A, 601, 602, 603, 604 Tract: 0307. Block(s): 106, 107, 109, 201 VTD: 0063 MARIETTA 7 (Part) Tract: 0304.04 Block(s): 101C, 101D, 102A, 103A, 201, 202, 303,

Page 902

401A, 401B, 402, 403, 404, 405, 501, 502, 503A, 601A, 602, 603A, 604, 701, 702, 703, 704, 801 Tract: 0304.06 Block(s): 602A, 602B, 602D, 701A Tract: 0308. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 201, 202, 203, 204, 205, 806, 809 VTD: 0070 MT. HARMONY VTD: 0071 NORTON PARK 1 (Part) Tract: 0311.05 Block(s): 601, 620, 624, 625 VTD: 0078 OREGON 4 VTD: 0080 PEBLEBROOK VTD: 0089 POWDER SPRINGS (Part) Tract: 0315.01 Block(s): 109A, 110A, 110B, 110C, 301, 302, 303A, 303B, 309A, 310A, 310B, 311A, 311B, 312A, 315A, 317, 701A, 702A, 703A Tract: 0315.02 Block(s): 216A, 303A, 304, 305, 401A, 401B, 401C, 402A, 403A, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415A, 415B, 416, 417, 418, 419, 501, 502, 503, 504, 505A, 505B, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516A, 517, 518, 519A, 520, 521, 522, 523A, 525A, 526A, 526B, 602A, 603, 604, 605, 606, 607A, 608, 609A, 609B, 609C, 610B, 610C, 701A, 701B, 702A, 702B, 703A, 703B, 704, 705A, 705B, 707A, 801A, 810A, 906A, 907A, 908A, 909, 910A VTD: 00A6 SWEETWATER 1 VTD: 00A7 SWEETWATER 2 VTD: 00A8 SWEETWATER 3 VTD: 00B9 MARIETTA 2B (Part) Tract: 0310.02 Block(s): 209B District: 37 CHEROKEE COUNTY VTD: 0002 BELLS VTD: 0016 WOODSTOCK

Page 903

COBB COUNTY VTD: 0001 ACWORTH VTD: 0006 BIG SHANTY 1 VTD: 0007 BIG SHANTY 2 VTD: 0008 BIG SHANTY 3 VTD: 0013 CHEATHAM HILL 1 VTD: 0020 DUE WEST VTD: 0022 ELIZABETH 1 (Part) Tract: 0306. Block(s): 308C, 417B, 501A, 501C, 502B, 506B, 901C, 901D, 902B, 902C, 902D, 902E, 917E VTD: 0032 FAIR OAKS 6 (Part) Tract: 0309.03 Block(s): 101D, 102, 201B, 202C, 202D Tract: 0310.02 Block(s): 213D VTD: 0049 KENNESAW 1 VTD: 0050 KENNESAW 2 VTD: 0051 LOST MOUNTAIN VTD: 0056 MACLAND (Part) Tract: 0315.01 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109B, 110F, 111, 112, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211B, 212B, 213B, 213C, 213D, 214A, 214B, 215A, 215B, 216A, 216B, 217B, 218B Tract: 0315.02 Block(s): 301B, 301C, 301D, 302B, 303B, 403B, 901, 902, 903, 904, 905, 906B, 907B, 908B, 908C, 910B VTD: 0058 MARIETTA 2A (Part) Tract: 0309.01 Block(s): 101A, 201, 202, 203, 204, 205, 206, 207, 401A, 402, 403, 501A, 601A, 601B, 601C, 601D, 602, 603A, 604A, 701A, 702, 703A Tract: 0309.02 Block(s): 408, 409, 410, 411, 702 VTD: 0060 MARIETTA 4 (Part) Tract: 0302.07 Block(s): 108A, 113B, 113C, 113D, 114A, 115A, 115B, 801A, 802A, 823A Tract: 0306. Block(s): 411, 412, 413, 414, 415, 416, 417A, 418,

Page 904

501B, 502A, 503, 504, 505, 506A, 901A, 901B, 902A, 903, 904, 905, 917A, 917B, 917C, 917D, 919 Tract: 0309.01 Block(s): 301A, 302, 303, 304 VTD: 0064 MARS HILL 1 VTD: 0065 MARS HILL 2 VTD: 0066 MARS HILL 3 VTD: 0075 OREGON 1 VTD: 0077 OREGON 3 (Part) Tract: 0309.01 Block(s): 101B, 301B, 301C, 401B, 401C, 501B, 502, 503, 601E, 601F, 601G, 601H, 601J, 601K, 601L, 601M, 603B, 604B, 701B, 701C, 701D, 703B Tract: 0309.03 Block(s): 302B, 302C, 302D, 302E, 302F, 305, 306, 401B, 401C, 401D, 403, 404, 405, 406, 407, 501B, 501C, 501D, 502, 503, 504, 505, 506, 507, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613 Tract: 0310.02 Block(s): 211, 212, 224C, 225B, 226, 227, 228 VTD: 0089 POWDER SPRINGS (Part) Tract: 0315.01 Block(s): 211A, 212A, 213A, 217A, 217C, 218A Tract: 0315.02 Block(s): 301A, 302A, 302C VTD: 0090 RED ROCK VTD: 00B6 KEMP VTD: 00B8 CHEATHAM HILL 2 VTD: 00B9 MARIETTA 2B (Part) Tract: 0309.03 Block(s): 101A, 101B, 101C, 201A, 202A, 203, 204, 301, 302A, 303, 304, 401A, 402, 501A Tract: 0310.02 Block(s): 210A, 210B, 213A, 223, 224B, 225A VTD: 00C1 OREGON 5 District: 42 DEKALB COUNTY VTD: 0003 ASHFORD PARK VTD: 0008 BRIAR VISTA

Page 905

VTD: 0009 BRIARCLIFF NORTH VTD: 0010 BRIARCLIFF SOUTH VTD: 0012 BRIARWOOD VTD: 0013 BROCKETT (Part) Tract: 0218.10 Block(s): 302, 303 VTD: 0014 CALLANWOLDE VTD: 0020 CHAMBLEE NORTH VTD: 0021 CHAMBLEE SOUTH VTD: 0024 CLAIREMONT VTD: 0025 CLAIRMONT HILLS VTD: 0028 CORALWOOD VTD: 0030 CROSS KEYS VTD: 0032 DORAVILLE NORTH VTD: 0033 DORAVILLE SOUTH VTD: 0034 DRESDEN VTD: 0035 DRUID HILLS AND MARY LIN VTD: 0041 EMORY VTD: 0042 EPWORTH VTD: 0045 FERNBANK VTD: 0048 GLENNWOOD VTD: 0061 JOHNSON ESTATES VTD: 0068 LAUREL RIDGE VTD: 0074 MARGARET HARRIS VTD: 0079 MEDLOCK VTD: 0086 MONTCLAIR VTD: 0087 MONTREAL (Part) Tract: 0217.04 Block(s): 901, 902, 912, 913, 914, 915 Tract: 0220.01 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109A, 109B, 109C, 111, 112, 113, 114, 115, 116, 117, 118, 415A, 421, 422, 423 VTD: 0092 NORTHLAKE VTD: 0093 NORTHWOODS VTD: 0094 OAK GROVE VTD: 0095 OAKCLIFF VTD: 00AK REHOBOTH VTD: 00AR SAGAMORE VTD: 00AU SCOTT VTD: 00AY SILVER LAKE (Part) Tract: 0211.

Page 906

Block(s): 110, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 221, 222, 223, 224, 301 VTD: 00BA SKYLAND VTD: 00BW WESLEY WOODS VTD: 00BX WESTCHESTER District: 48 FORSYTH COUNTY VTD: 0001 BIG CREEK VTD: 0002 BRANDYWINE VTD: 0007 CUMMINGS VTD: 0008 MASHBURN VTD: 0010 MIDWAY FULTON COUNTY VTD: 00P3 NC05 (Part) Tract: 0116.03 Block(s): 105, 106, 107, 301, 302, 303, 304, 305, 306, 307, 308, 312, 313, 314, 315, 316 GWINNETT COUNTY VTD: 0001 1295A VTD: 0017 1564 VTD: 0018 1263A VTD: 0019 1263B VTD: 0020 1749 VTD: 0024 404A VTD: 0025 478 VTD: 0026 444A VTD: 0027 444B VTD: 0028 407A VTD: 0030 407C VTD: 0044 1397 VTD: 0046 1587 VTD: 0047 550A VTD: 0048 550B VTD: 0049 1604 VTD: 0052 1263C (Part) Tract: 0502.03 Block(s): 101A, 101B, 102, 103, 104, 105, 106, 107A, 107B, 107C, 107D, 107E, 108A, 108B, 109A, 109B, 110, 111A, 111B, 112, 113, 114, 115, 116,

Page 907

117A, 117B, 118, 119, 301, 302A, 302B, 302C, 302D, 303A, 304, 307, 308, 309, 310, 311, 312, 313, 314, 317, 318, 330, 331 VTD: 0053 1263D VTD: 0055 407D VTD: 0062 550C VTD: 0063 550D VTD: 0067 404B VTD: 0068 407F VTD: 0074 404C District: 53 DADE COUNTY WALKER COUNTY CHATTOOGA COUNTY WHITFIELD COUNTY VTD: 0007 ANTIOCH VTD: 0008 CARBONDALE VTD: 0010 DUG GAP VTD: 0012 FINCHER VTD: 0015 MILL CREEK AND WESTSIDE (Part) Tract: 0007. Block(s): 109, 110, 111, 112, 113, 114, 230, 231, 232, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 321, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419 Tract: 0008. Block(s): 120A, 120C, 120D, 121B, 121C, 123D, 148, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 301 That part of Block 302B which lies outside the corporate limits of Dalton Block(s): 302C, 302D, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 413, 414, 415,

Page 908

417, 474, 475, 476, 477, 478 VTD: 0018 TILTON VTD: 0019 TRICHUM District: 54 CATOOSA COUNTY MURRAY COUNTY WHITFIELD COUNTY VTD: 0001 1A VTD: 0002 2A VTD: 0003 3A VTD: 0004 4A VTD: 0005 5A VTD: 0006 6A VTD: 0009 COHUTTA VTD: 0011 EASTSIDE VTD: 0013 GROVELEVEL VTD: 0014 LOWER TENTH VTD: 0015 MILL CREEK AND WESTSIDE (Part) Tract: 0008. Block(s): 120B, 121A, 122, 123A, 123B, 123C, 302A That part of Block 302B which lies within the corporate limits of Dalton VTD: 0016 NINTH VTD: 0017 PLEASANT GROVE VTD: 0020 TUNNEL HILL VTD: 0021 UPPER TENTH VTD: 0022 VARNELL District: 56 CHEROKEE COUNTY VTD: 0010 LICK SKILLET VTD: 0015 WILDCAT (Part) Tract: 0908. Block(s): 702, 703, 704, 705 FULTON COUNTY VTD: 00K5 AP01 VTD: 00N7 MP01 VTD: 00N8 NC01 VTD: 00N9 NC02

Page 909

VTD: 00P1 NC03 VTD: 00P2 NC04 VTD: 00P3 NC05 (Part) Tract: 0114.08 Block(s): 801 Tract: 0114.09 Block(s): 101, 102, 103, 401, 402, 403, 404, 405 Tract: 0116.03 Block(s): 309, 310, 311, 801, 802, 803, 804, 805, 806, 807, 808, 809, 810, 901, 904, 905, 906, 907, 908, 909, 910, 911, 912, 913 VTD: 00P5 NC07 (Part) Tract: 0114.08 Block(s): 201C, 206B, 208B VTD: 00P6 NC08 VTD: 00P7 NC09 VTD: 00R2 RW01 VTD: 00R3 RW02 VTD: 00R7 RW05 VTD: 00R8 RW06 VTD: 00R9 RW07 VTD: 00W5 SS18 VTD: 00W6 SS19 VTD: 00W9 SS22 VTD: 00X3 AP02 VTD: 00Y2 RW09 GWINNETT COUNTY VTD: 0036 406C VTD: 0040 406G VTD: 0041 406H VTD: 0052 1263C (Part) Tract: 0502.03 Block(s): 303B, 305, 306 VTD: 0058 406L VTD: 0059 406M 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: (1) all elections held on and after its effective date for members of the United States House of Representatives

Page 910

from Georgia; and (2) all elections held on or after its effective date for members of the Georgia Senate. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1993. MAGISTRATE COURTS FINES; COUNTY AND AUTHORITY ORDINANCES; SENIOR MAGISTRATE CREATED; COUNCIL OF MAGISTRATE COURT JUDGES; COMPOSITION. Code Title 15, Chapter 10 Amended. No. 468 (Senate Bill No. 315). AN ACT To amend Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, so as to increase the maximum allowable fine for violation of ordinances of counties and state authorities; to create the office of senior magistrate; to provide for the appointment, qualifications, and duties of a senior magistrate; to provide for an oath; to provide for training; to change the composition of the Council of Magistrate Court Judges; to provide for compensation for senior magistrates; 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 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, is amended by striking in its entirety Code Section 15-10-60, relating to the

Page 911

applicability of Article 4 of Chapter 10 of Title 15, and inserting in lieu thereof a new Code Section 15-10-60 to read as follows: 15-10-60. This article governs trials of violations of county ordinances and ordinances of state authorities, which violations may be punished by incarceration or monetary penalty. Nothing in this chapter shall grant to any county or state authority more authority to enact or enforce such ordinances than the county or state authority has independently of this chapter. The punishment imposed for any ordinance violation shall not exceed a fine of $1,000.00 or 60 days' imprisonment or both, except as otherwise provided by general law, and shall not exceed the maximum punishment specified by the ordinance. Section 2. Said chapter is further amended by inserting at the end thereof the following: ARTICLE 11 15-10-220. There is created the office of senior magistrate. Subject to the approval of the governing authority, any chief magistrate of this state may appoint to the office of senior magistrate any retired chief magistrate, magistrate, or judge who prior to retirement served at least eight consecutive years as chief magistrate or magistrate, or a combination of such offices, or served eight consecutive years as a judge of a court of record or juvenile court, or a combination of such offices. A senior magistrate need not be a member of the State Bar of Georgia, unless required by local law. The term of an appointment made pursuant to this Code section shall not exceed the current term of the appointing officer. 15-10-221. Upon the request of any chief magistrate of this state, a senior magistrate may discharge all of the duties of a magistrate and may assume and exercise all of the jurisdiction, power, and authority of a magistrate. 15-10-222. Before entering on the duties of his or her office, a senior magistrate shall subscribe before the judge of the probate court in which he or she is first appointed the

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oath prescribed in Code Section 45-3-1 and the following oath: `I swear or affirm that I will duly and faithfully perform all the duties required of me as senior magistrate and that I will support the Constitution of the United States and the Constitution of Georgia.' 15-10-223. In order to maintain the status of senior magistrate, a senior magistrate shall complete the 20 hours of training provided for in subsection (c) of Code Section 15-10-137 in each calendar year in which he or she serves as a senior magistrate. Section 3. Said chapter is further amended by striking in its entirety Code Section 15-10-7, relating to the Council of Magistrate Court Judges, and inserting in lieu thereof the following: 15-10-7. (a) There is created a council of magistrate court judges to be known as the `Council of Magistrate Court Judges.' The council shall be composed of the chief magistrates, magistrates, and senior magistrates of the magistrate courts of this state. The council is authorized to organize itself and to develop a constitution and bylaws. The officers of said council shall consist of a president, a first vice president, a second vice president, a secretary, a treasurer, and such other officers as the council shall deem necessary. The council shall have an executive committee composed of two representatives from each judicial administrative district. No senior magistrate shall serve as an officer of the council or as a regular representative of a judicial administrative district to the executive committee of the council. (b) It shall be the purpose of the council to effectuate the constitutional and statutory responsibilities conferred upon it by law, to further the improvement of the magistrate courts and the administration of justice, to assist the chief magistrates, magistrates, and senior magistrates throughout the state in the execution of their duties, and to promote and assist in the training of chief magistrates, magistrates, and senior magistrates.

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(c) Expenses of the administration of the council shall be paid from state funds appropriated for that purpose, from federal funds available to the council for that purpose, or from other appropriate sources. Section 4. Said chapter is further amended by inserting at the end of Code Section 15-10-23, relating to minimum compensation for chief magistrates and magistrates, the following: (h) The salaries and supplements of senior magistrates shall be paid from county funds at a per diem rate equal to the compensation paid to the magistrate of the county; provided, however, that the minimum annual and monthly salaries provided for in this Code section shall not apply to senior magistrates. Section 5. Said chapter is further amended by striking in its entirety Code Section 15-10-25, relating to training requirements for magistrates, and inserting in lieu thereof the following: 15-10-25. (a) All magistrates shall periodically satisfactorily complete a training course as provided in Article 8 of this chapter. All senior magistrates shall periodically satisfactorily complete a training course as provided in Code Section 15-10-223. (b) The Georgia Magistrate Courts Training Council shall keep records of training completed by magistrates and senior magistrates. (c) Subject to the provision of Code Section 15-10-24, if any magistrate or senior magistrate does not satisfactorily complete the required training in any year, the Georgia Magistrate Courts Training Council shall promptly notify the Judicial Qualifications Commission which shall recommend removal of the magistrate from office unless the Judicial Qualifications Commission finds that the failure was caused by facts beyond the control of the magistrate or senior magistrate.

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(d) The reasonable costs and expenses of such training shall be paid by the county governing authority from county funds. Section 6. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1993. HIGHWAYS, BRIDGES, AND FERRIES OTHER TRANSPORTATION PURPOSES; REDEFINED. Code Section 32-1-3 Amended. No. 469 (Senate Bill No. 333). AN ACT To amend Code Section 32-1-3 of the Official Code of Georgia Annotated, relating to definitions, so as to provide that the definition of other transportation purposes or other public transportation purposes shall include transportation enhancement activities as that word is defined by federal law; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 32-1-3 of the Official Code of Georgia Annotated, relating to definitions, is amended by striking paragraph (18) in its entirety and inserting in lieu thereof a new paragraph (18) to read as follows: (18) `Other transportation purposes' or `other public transportation purposes' means any transportation facility designed to transport people or goods, including but not limited to railroads, port and harbor facilities, air transport and airport facilities, mass transportation facilities, as defined in

Page 915

paragraph (2) of subsection (a) of Code Section 32-9-1, transportation projects, as defined by subsection (h) of Section 2 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, and transportation enhancement activities, as defined in Section 101 of Title 23 of the United States Code, as amended by Public Law 102-240 as it existed on January 1, 1993. However, in no event and for no purpose shall the term `other transportation purposes' or `other public transportation purposes' be deemed to include coal slurry pipelines. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1993. BANKING AND FINANCE AFFILIATE TRANSFERS OF FIDUCIARY CAPACITIES. Code Section 7-1-320 Amended. No. 470 (Senate Bill No. 346). AN ACT To amend Code Section 7-1-320 of the Official Code of Georgia Annotated, relating to definitions with regard to affiliate transfers between certain financial institutions, so as to provide that an affiliate transfer shall include a transfer of fiduciary capacities from a bank to an affiliated bank authorized to exercise trust powers; to provide that an affiliated trust company shall include an affiliated bank authorized to exercise trust powers; to repeal conflicting laws; and for other purposes.

Page 916

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 7-1-320 of the Official Code of Georgia Annotated, relating to definitions with regard to affiliate transfers between certain financial institutions, is amended by striking paragraphs (1) and (2) and inserting new paragraphs (1) and (2) to read as follows: (1) `Affiliate transfer' means a transfer by which a bank or trust company delegates, assigns, or transfers to an affiliated trust company or to an affiliated bank which has received the required approvals from the appropriate regulatory authorities to exercise trust powers all of its rights, powers, privileges, accounts, and designations with respect to one or more of its various capacities as fiduciary. (2) `Affiliated trust company' means a trust company which is affiliated with a bank. A trust company shall be considered an affiliate with a bank in accordance with the definition of such term set forth in paragraph (1) of Code Section 7-1-4. For the purposes of this part, the term affiliated trust company shall also include an affiliated bank which has received the required approvals from the appropriate regulatory authorities to exercise trust powers. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1993.

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BANKING AND FINANCE DEPARTMENT REGULATION OF AUTOMATED TELLER MACHINES. Code Sections 7-1-113, 7-1-116, 7-1-493, 7-1-608, 7-1-626, 7-1-793, 7-1-797, 7-1-912, and 7-2-9 Amended. Code Section 7-2-6 Repealed. Code Section 7-1-295 and Code Title 7, Chapter 8 Enacted. No. 471 (Senate Bill No. 355). AN ACT To amend Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, so as to provide that certain documents of financial institutions shall be delivered to the Department of Banking and Finance rather than the Secretary of State; to provide that operators of automated teller machines may charge certain transaction fees; to clarify that the liability of a director of a bank or trust company may be limited or eliminated by a vote of two-thirds of the total shares outstanding; to delete references to certain federal or state deposit insurance corporations; to allow time extensions for the filing of reports of certain currency transactions; to regulate and provide for the safe use of remote service terminals; to provide for definitions; to provide for the adoption of procedures for evaluating the safety of remote service terminal areas; to provide for adequate lighting; to provide for unobstructed areas; to provide for legislative intent; to provide for compliance with this Act; to provide for notice to customers; to provide for exceptions; to provide for applicability; to provide for regulation by the Department of Banking and Finance; to provide for duties, responsibilities, and obligations; to provide for preemption; to provide for matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, is amended by striking Code Section 7-1-113, relating to the voluntary dissolution of a financial institution prior to commencement of business, and inserting

Page 918

in its place a new Code Section 7-1-113 to read as follows: 7-1-113. (a) A financial institution which has not transacted any business as a financial institution other than organizational business may propose to dissolve by the affirmative vote of shareholders entitled to cast at least two-thirds of the votes which all shareholders are entitled to cast on the plan and by delivering to the department articles of dissolution which shall be executed by two duly authorized officers or shareholders under the seal of the financial institution and which shall contain: (1) The date of incorporation of the financial institution; (2) A statement that it has not transacted any business as a financial institution other than organizational business; (3) A statement that all liabilities of the financial institution have been paid or provided for; (4) A statement that all amounts received on account of capital stock, paid-in capital, and expense fund, less amounts disbursed for expenses, have been returned to the persons entitled thereto; and (5) The number of shares entitled to vote on the dissolution and the number of shares voted for and against it, respectively. (b) The articles of dissolution shall be delivered in duplicate to the department together with the filing fee required by Code Section 7-1-862. If the department is satisfied that the financial institution has not conducted any business other than organizational business and, if it finds that the articles of dissolution satisfy the requirements of this chapter, it shall deliver them with its written approval to the Secretary of State and notify the financial institution of its action. If the department shall disapprove the articles of dissolution, it shall give written notice to the financial institution

Page 919

of its disapproval and a general statement of the reasons for its decision. The decision of the department shall be conclusive, except as it may be subject to judicial review under Code Section 7-1-90. Section 2. Said title is further amended by striking subsection (b) of Code Section 7-1-116, relating to articles of dissolution of a financial institution where business has commenced, and inserting in its place a new subsection (b) to read as follows: (b) The articles of dissolution shall be delivered to the department in duplicate together with the filing fee required by Code Section 7-1-862. If the department finds that the articles satisfy the requirements of this chapter, it shall deliver its written approval to the Secretary of State with a copy of the articles of dissolution attached. Section 3. Said title is further amended by adding following Code Section 7-1-294, relating to the transaction of business on holidays and outside of banking hours, a new Code Section 7-1-295 to read as follows: 7-1-295. An operator of an automated teller machine in this state may charge a transaction fee to the customer using the machine. An agreement to share automated teller machines on an interstate basis may not prohibit, limit, or restrict the right to charge such transaction fees. Section 4. Said title is further amended by striking subsection (e) of Code Section 7-1-493, relating to actions against directors and officers, and inserting in its place a new subsection (e) to read as follows: (e) Notwithstanding the foregoing, a bank or trust company may provide through an amendment to its articles of incorporation for the elimination or limitation of the personal liability of a director to the shareholders of the bank or trust company to the same extent as a business corporation incorporated under the provisions of Chapter 2 of Title 14, provided that such an amendment to the articles of incorporation

Page 920

must be adopted by the affirmative vote of two-thirds of the total shares outstanding. Section 5. Said title is further amended by striking paragraph (1) of subsection (a) of Code Section 7-1-608, relating to unlawful acquisitions by bank holding companies, and inserting in its place a new paragraph (1) to read as follows: (1) The bank being acquired is either a `bank' for the purposes of the federal Bank Holding Company Act of 1956, as amended (12 U.S.C. 1841), or a `savings and loan,' a `state savings and loan,' a `savings bank,' or a `federal savings bank' whose deposits are insured under a federal deposit insurance program; and. Section 6. Said title is further amended by striking subsection (a) of Code Section 7-1-626, relating to the rights of bank holding companies consisting of building and loan associations, and inserting in its place a new subsection (a) to read as follows: (a) The term `bank' as used in this part shall include any building and loan association, savings and loan association, or state savings and loan association as such terms are defined in Code Section 7-1-4 including federal savings banks and similar banking entities chartered under the laws of any state and whose deposits are insured under a federal deposit insurance program. Bank holding companies whose banking subsidiaries consist in part or entirely of building and loan associations, savings and loan associations, state savings and loan associations, or federal savings banks shall have the same but no greater rights and limitations under this part as bank holding companies whose banking subsidiaries consist solely of banks as defined in paragraph (2) of Code Section 7-1-620. Section 7. Said title is further amended by striking Code Section 7-1-793, relating to the investment trust or public funds in insured deposits, and inserting in its place a new Code Section 7-1-793 to read as follows:

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7-1-793. Administrators, executors, guardians, trustees, and other fiduciaries of every kind and nature; insurance companies; charitable, educational, eleemosynary, and public corporations and organizations; municipalities and other public corporations and bodies; and public officials are authorized to invest funds held by them, without any order of any court, in deposits in building and loan associations or savings and loan associations which are insured under a federal deposit insurance program; and, to the extent of such insurance, such investments shall be deemed and held to be legal investments for such funds. Section 8. Said title is further amended by striking Code Section 7-1-797, relating to building and loan association deposit insurance requirements, and inserting in its place a new Code Section 7-1-797 to read as follows: 7-1-797. (a) Every building and loan association shall be required to obtain deposit insurance satisfactory to the department before it may conduct business and accept deposits, except that building and loan associations which have had their deposit insurance coverage withdrawn or canceled may, in the discretion of the department, continue to accept deposits, provided that, within six months after withdrawal or cancellation of insurance, such associations shall obtain deposit insurance written by an insurance company authorized to transact business in this state and acceptable to the department or by the Federal Deposit Insurance Corporation. The department may, in its discretion, for cause shown, extend the time limitation in which deposit insurance must be obtained. (b) Deposit insurance required to be obtained in subsection (a) of this Code section need not be in excess of amounts insured by the Federal Deposit Insurance Corporation at the time the insurance is obtained; but, wherever the insurance coverage is, in the opinion of the department, less than amounts insured by the Federal Deposit Insurance Corporation, the building and loan association shall be required to post a sign in boldface print, in letters at least four inches high, at a conspicuous place near the entrace of such association, which states `Deposits Not Insured' or `Deposits Insured

Page 922

Up To (insert amount of deposit insurance).' Such wording shall also follow the name of the building and loan association wherever it is written or printed and shall be posted in writing which is easily legible in letters at least one inch high at each window or desk receiving deposits. Section 9. Said title is further amended by striking paragraph (1) of subsection (a) of Code Section 7-1-912, relating to records and reports of certain currency transactions, and inserting in its place a new paragraph (1) to read as follows: (1) Every financial institution shall keep a record of currency transactions in excess of $10,000.00. Within 15 days of the date of the transaction a complete report of such currency transaction in excess of $10,000.00 shall be filed with the department; provided, however, the commissioner may permit a longer period to be considered a timely filing in the case of filings by magnetic media. In addition, the department shall be notified by telephone or by wire before the close of business on the next succeeding business day whenever such currency transaction shall be in an amount exceeding $100,000.00. Section 10. Said title is further amended by striking Code Section 7-2-6, which reads as follows: 7-2-6. Any financial institution, as defined in Code Section 7-1-4, which the department finds to be ineligible for deposit insurance provided by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation or which was incorporated prior to July 1, 1981, shall be eligible for membership in the corporation and for deposit insurance coverage in the same manner and subject to the same privileges, restrictions, and liabilities as is provided in this chapter for credit unions., and inserting in its place the following: 7-2-6. Reserved. Section 11. Said title is further amended by striking subsection (c) of Code Section 7-2-9, relating to insurance of deposits

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and shares, and inserting in its place a new subsection (c) to read as follows: (c) The amount of insurance coverage on deposits and shares provided by the corporation may be increased from time to time by the directors of the corporation with the approval of the department; provided, however, that in no event may the insurance be increased to an amount greater than the largest amount insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration. Section 12. Said title is further amended by adding at the end thereof a new chapter to read as follows: CHAPTER 8 7-8-1. As used in this chapter, the term: (1) `Access area' means any paved walkway or sidewalk which is within 50 feet of any remote service terminal. The term does not include any street or highway open to the use of the public or any adjacent sidewalk. (2) `Access device' shall have the same meaning as set forth in Federal Reserve Board Regulation E, 12 C.F.R. Part 205, promulgated pursuant to the federal Electronic Fund Transfer Act, 15 U.S.C. Section 1601, et seq. (3) `Candlefoot power' means the light intensity of candles on a horizontal plane at 36 inches above ground level and five feet in front of the area to be measured. (4) `Control of an access area' or defined parking area means to have the present authority to determine how, when, and by whom such access area is to be used, maintained, lighted, and landscaped. (5) `Customer' means a natural person to whom an access device has been issued for personal, family, or household use.

Page 924

(6) `Defined parking area' means that portion of any parking area open for customer parking which is: (A) Contiguous to an access area with respect to a remote service terminal; (B) Regularly, principally, and lawfully used for parking by users of the remote service terminal while conducting remote service terminal transactions during the hours of darkness; and (C) Owned or leased by the operator of the remote service terminal or owned or controlled by the party leasing the remote service terminal site to the operator. The term does not include any parking area which is not open or regularly used for parking by users of the remote service terminal who are conducting remote service terminal transactions during the hours of darkness. A parking area is not open if it is physically closed to access or if conspicuous signs indicate that it is closed. If a multiple-level parking area satisfies the conditions of this paragraph and would therefore otherwise be a defined parking area, only the single parking level deemed by the operator of the remote service terminal to be the most directly accessible to the users of the remote service terminal shall be a defined parking area. (7) `Financial institution' means such an institution as defined in Code Section 7-1-4. (8) `Hours of darkness' means the period that commences 30 minutes after sunset and ends 30 minutes before sunrise. (9) `Operator' means any bank, savings association, credit union, savings bank, or other business entity or any person who operates a remote service terminal, but does not include any person or entity whose primary function is to provide for the exchange, transfer, or dissemination of electronic fund transfer data.

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(10) `Owner of an automated teller machine' means the person having the right to determine the financial institutions which will be permitted to use, or participate in the usage of, the automated teller machine but does not include any person or entity whose primary function is to provide for the exchange, transfer, or dissemination of electronic fund transfer data. (11) `Public road' means any public right of way, including, but not limited to, structures, sidewalks, facilities, and appurtenances incidental thereto. (12) `Remote service terminal' means any electronic information processing device which accepts or dispenses cash in connection with a credit, deposit, or convenience account. The term does not include devices used solely to facilitate check guarantees or check authorizations or which are used in connection with the acceptance or dispensing of cash on a person-to-person basis, such as by store cashier. 7-8-2. (a) On or before July 1, 1994, with respect to all existing installed remote service terminals in this state, and any remote service terminals installed after July 1, 1993, the operator shall adopt procedures for evaluating the safety of the remote service terminals. These procedures shall include a consideration of the following: (1) The extent to which the lighting for the remote service terminal complies or will comply with applicable standards; (2) The presence of landscaping, vegetation, or other obstructions in the area of the remote service terminal, the access area, and the defined parking area; and (3) The incidence of crimes of violence in the immediate neighborhood of the remote service terminal as reflected in the records of the local law enforcement agency and of which the operator has actual knowledge.

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(b) It is not the intent of the General Assembly in enacting this chapter to impose a duty to relocate or modify remote service terminals upon the occurrence of any particular events or circumstances, but rather to establish a standard of good faith for the evaluation of all remote service terminals as provided in this chapter. A violation of the provisions of this chapter or any regulation made pursuant thereto will not constitute negligence per se. 7-8-3. (a) Each operator of a remote service terminal installed on or after July 1, 1993, shall comply with the provisions of this chapter commencing on the date the remote service terminal is installed. Compliance with the provisions of this chapter by operators as to remote service terminals existing as of July 1, 1993, shall be optional until July 1, 1994, and mandatory thereafter. This Code section shall apply to an operator of a remote service terminal only to the extent that the operator controls the access area or defined parking area to be lighted. (b) If an access area or defined parking area is not controlled by the operator of the remote service terminal, and if the person who leased the remote service terminal site to the operator controls the access area or defined parking area, the person who controls the access area or defined parking area shall comply with the provisions of this chapter as to any remote service terminals installed on or after July 1, 1994, commencing on the date the remote service terminal is installed and as to any remote service terminal existing as of July 1, 1993, commencing no later than on July 1, 1994. (c) The operator, owner, or other person responsible for the remote service terminal shall provide lighting during the hours of darkness with respect to an open and operating remote service terminal and any defined parking area, access area, and the exterior of an enclosed remote service terminal installation according to the following standards: (1) There shall be a minimum of ten candlefoot power at the face of the remote service terminal and extending in an unobstructed direction outward five feet;

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(2) There shall be a minimum of two candlefoot power within 50 feet from all unobstructed directions from the face of the remote service terminal. In the event the remote service terminal is located within ten feet of the corner of the building and the remote service terminal is generally accessible from the adjacent side, there shall be a minimum of two candlefoot power along the first 40 unobstructed feet of the adjacent side of the building; and (3) There shall be a minimum of two candlefoot power in that portion of the defined parking area within 60 feet of the remote service terminal. 7-8-4. Customers receiving access devices shall be furnished by the respective issuers thereof with notices of basic safety precautions which customers should employ while using a remote service terminal. This information shall be furnished by personally delivering or mailing the information to each customer whose mailing address as to the account to which the access device relates is in this state. This information shall be furnished with respect to access devices issued on or after July 1, 1994, at or before the time the customer is furnished with his or her access device. With respect to a customer to whom an access device has been issued prior to July 1, 1993, the information shall be delivered on or before July 1, 1994. Only one notice need be furnished per household, and if access devices are furnished to more than one customer for a single account or set of accounts or on the basis of a single application or other request for access devices, only a single notice need be furnished in satisfaction of the notification responsibilities as to those customers. The information may be included with other disclosures related to the access device furnished to the customer, such as with any initial or periodic disclosure statement furnished pursuant to the federal Electronic Fund Transfer Act. 7-8-5. The provisions of this chapter shall not apply to any remote service terminal which is located:

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(1) Inside a building, unless it is a freestanding installation which exists for the sole purpose of providing an enclosure for the remote service terminal; (2) Inside a building, except to the extent a transaction can be conducted from outside the building; or (3) In any area, including any access area, building, enclosed space, or parking area, which is not controlled by the operator. 7-8-6. The commissioner of the Department of Banking and Finance is empowered to enforce the provisions of this chapter and is empowered to make all necessary rules and regulations for the purpose of carrying out the purposes of this chapter. 7-8-7. The provisions of this chapter shall not be construed to create any duty, responsibility, or obligation for any person or entity whose primary function is to provide for the exchange, transfer, or dissemination of electronic fund transfer data and is not otherwise a financial depository institution or an operator, as defined in this chapter, and such person or entity shall have no liability of any nature to any customer or user of a remote service terminal and shall not be named in any action by a customer or user of a remote service terminal for any claim concerning any provision of this chapter or relating to the use or attempted use of a remote service terminal. 7-8-8. This chapter supersedes and preempts all rules, regulations, codes, statutes, or ordinances of all cities, counties, consolidated cities and counties, municipalities, and local agencies regarding customer safety at remote service terminals. Section 13. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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Section 14. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1993. BANKING AND FINANCE PLEDGE OF SECURITY INTERESTS TO SECURE DEPOSITS OF PUBLIC FUNDS; SECURITIES OWNED BY DEPOSITORY BANK. Code Sections 7-1-289, 7-1-290, 45-8-13, and 50-17-59 Amended. No. 472 (Senate Bill No. 359). AN ACT To amend Code Sections 7-1-289 and 7-1-290 of the Official Code of Georgia Annotated, relating to security interests which may be pledged by banks and powers of a bank to act as surety or guarantor, Chapter 8 of Title 45, relating to the accounting of public funds, and Code Section 50-17-59 of the Official Code of Georgia Annotated, relating to deposits of securities in lieu of bond by state depositories, so as to provide that a bank may pledge or otherwise grant security interests in its assets to secure deposits of public funds deposited in another bank; to provide that securities which may be deposited or pledged as security for state or other public body deposits may include securities owned by the depository bank or another bank; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 7-1-289 of the Official Code of Georgia Annotated, relating to security interests which may be pledged by banks, is amended by striking the word and at the end of paragraph (5) of subsection (a), striking the period at the end of paragraph (6) of paragraph (a) and inserting in lieu

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thereof ; and, and by adding a new paragraph (7) of subsection (a) to read as follows: (7) Public funds deposited in another bank. Section 2. Code Section 7-1-290 of the Official Code of Georgia Annotated, relating to powers of a bank to act as surety or guarantor, is amended by striking the period at the end of paragraph (2) of subsection (c) and inserting in lieu thereof ; and and by adding a new paragraph (3) of subsection (c) to read as follows: (3) Pledging or otherwise granting security interests in their assets to secure public funds deposited in another bank. Section 3. Chapter 8 of Title 45 of the Official Code of Georgia Annotated, relating to accounting for public funds, is amended by striking Code Section 45-8-13, relating to bonds or deposits to secure deposits of public funds, and inserting in its place a new Code Section 45-8-13 to read as follows: 45-8-13. Any bank in this state is authorized to give bond or to secure deposits of public funds by deposits of securities, whether the securities are owned by the bank with which the public funds are deposited or are owned by another bank, and the proper authorities are authorized to make contracts with depositories as to interest or compensation of the depository. Section 4. Code Section 50-17-59 of the Official Code of Georgia Annotated, relating to deposits of securities in lieu of bond by state depositories, is amended by striking subsection (b) and inserting in its place a new subsection (b) to read as follows: (b) A state depository may secure deposits made with it in part by surety bond and in part by deposit of any or all of the bonds mentioned in subsection (a) of this Code section, whether these bonds are owned by the depository or by another bank, or by either method. The board may determine,

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however, that such security will be required only in the case of time deposits under a contract providing for the payment of interest. 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 13, 1993. JUVENILE COURTS MEDIATION SERVICES; FEES. Code Section 15-11-56.1 Amended. No. 473 (Senate Bill No. 358). 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 authorize the juvenile courts to use supervision fees to provide mediation services; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by striking in its entirety subsection (a) of Code Section 15-11-56.1, relating to supervision fees, and inserting in lieu thereof a new subsection (a) to read as follows:

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(a) The purpose of this Code section is to allow the juvenile courts of Georgia to collect supervision fees from those who are placed under the courts' formal or informal supervision in order that the court may use those fees to expand the provision of the following types of ancillary services: (1) Housing in nonsecure facilities that meet the requirements of Code Section 15-11-20; (2) Educational services, tutorial services, or both; (3) Counseling and diagnostic testing; (4) Mediation; (5) Transportation to and from court ordered services; (6) Restitution programs; and (7) Job development or work experience programs. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1993.

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EDUCATION DEPARTMENT FUNDING FOR ELIGIBLE INSTITUTIONS. Code Section 20-2-161.1 Amended. No. 474 (Senate Bill No. 369). AN ACT To amend Code Section 20-2-161.1 of the Official Code of Georgia Annotated, relating to providing secondary school credit for postsecondary courses, so as to change the provisions relating to funding for eligible institutions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 20-2-161.1 of the Official Code of Georgia Annotated, relating to providing secondary school credit for postsecondary courses, is amended by striking subsection (f) and inserting in its place the following: (f) The department shall establish a secondary options grant account with funds appropriated by the General Assembly. The amount of funds requested by the state board for this account shall be the amount that the participating pupils would earn in the local systems during the portion of the instructional day the students were actually enrolled at the eligible institutions. The department shall pay to eligible institutions from this grant account the lesser of the following amounts for pupils enrolled therein: (1) The actual costs of tuition, materials, and fees directly related to the approved courses taken by the pupils at such institutions; or (2) The amount that the pupils would have earned under this article if those pupils had been in equivalent instructional programs in a local school system for that portion of the instructional day in which the pupils were

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actually enrolled in eligible institutions pursuant to this Code section. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1993. JEKYLL ISLAND MUSICAL THEATRE FESTIVAL DESIGNATED AS OFFICIAL MUSICAL THEATRE OF STATE. Code Section 50-3-69 Amended. No. 475 (Senate Bill No. 371). AN ACT To amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, so as to designate the Jekyll Island Musical Theatre Festival as the official state musical theatre of Georgia; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: WHEREAS, tourism and commercial recreation constitute an important industry in the economy of Georgia; and WHEREAS, the existence of musical theatre is a vital component of the artistic and cultural life of Georgia and the nation; and WHEREAS, the State of Georgia has recognized the importance of tourism to the economic and cultural well-being of its people through the establishment of the Department of Industry, Trade, and Tourism; and

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WHEREAS, many groups in the state are working to improve the quality of artistic and recreational experiences for Georgia residents and for out-of-state tourists as well; and WHEREAS, the enhancement of tourist attractions in Georgia which would encourage tourists to extend their stay in Georgia benefits the state; and WHEREAS, the State of Georgia is committed to encourage and support artists' activities of the highest quality for the enjoyment and enrichment of the citizens of Georgia; and WHEREAS, Valdosta State College, a unit of the University System of Georgia, and the Jekyll Island Authority have cooperated in creating the Jekyll Island Musical Theatre Festival, a professional repertory musical theatre company; and WHEREAS, the Jekyll Island Musical Theatre Festival has presented musical theatre in the Jekyll Island Amphitheatre, beginning in the summer of 1989, to increasing numbers of residents and tourist visitors; and WHEREAS, the continuation of the Jekyll island Musical Theatre is in the best interest of the State of Georgia and is representative of the outstanding level of artistic activity which exists in Georgia. NOW, THEREFORE, BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, is amended by adding at the end thereof a new Code Section 50-3-69 to read as follows: 50-3-69. (a) The `Jekyll Island Musical Theatre Festival' is designated as the official musical theatre of the State of Georgia. (b) The Department of Industry, Trade, and Tourism and other public agencies and leaders in the tourism industry

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are encouraged to work together to maximize advertising programs which permit citizens of other states and nations to learn of the Jekyll Island Musical Theatre Festival and to visit the State of Georgia for tourism purposes. Section 2. The Jekyll Island Authority and the University System of Georgia are commended for their exemplary cooperative efforts in creating the Jekyll Island Musical Theatre Festival, and they are encouraged to continue to support and develop this excellent program. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1993. MOTOR VEHICLES FAILURE TO MAINTAIN PROOF OF INSURANCE; SUSPENSION OF VEHICLE REGISTRATION AND LICENSE PLATE REPEALED; CONDITIONS FOR RESTRICTED DRIVING PERMIT; EXTREME HARDSHIP DEFINED. Code Section 40-5-71 Amended. No. 476 (House Bill No. 21). AN ACT To amend Code Section 40-5-71 of the Official Code of Georgia Annotated, relating to suspension of a driver's license for failure to maintain proof of insurance, so as to repeal the requirement that a driver's vehicle registration and license plate are suspended for failure to maintain proof of insurance; to change certain requirements for issuance of a restricted driving permit for failure to maintain proof of insurance; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 40-5-71 of the Official Code of Georgia Annotated, relating to suspension of a driver's license for failure to maintain proof of insurance, is amended by striking subsection (c) of said Code section in its entirety and inserting in lieu thereof the following: (c) (1) If the owner responds within the specified time period and indicates that minimum insurance coverage is in effect, but there has been a lapse of coverage, the owner shall remit a $25.00 lapse fee to the department with the form providing proof of minimum insurance coverage. Supplying the form in this case without the lapse fee will result in suspension of the driver's license as if the form had not been returned in a timely manner as provided in paragraph (3) of this subsection. (2) If the owner responds within the specified time period and indicates that minimum insurance coverage is not in effect, the owner's driver's license shall be suspended immediately by the department. Upon demand of the department, the owner shall forward the driver's license to the department. When the owner provides proof of having minimum insurance coverage, pays a lapse fee of $25.00, and pays a restoration fee of $60.00 or $50.00 when processed by mail, the suspension shall terminate and the department shall return the driver's license to the owner of the motor vehicle. (3) If the owner does not respond within the specified time period, the department shall suspend the owner's driver's license. Upon demand of the department, the owner shall forward the driver's license to the department. When the owner provides proof of having prepaid a six-month minimum insurance policy, pays a lapse fee of $25.00, and pays a restoration fee of $60.00 or $50.00 when processed by mail, the suspension period shall terminate and the department shall return the driver's license to the owner of the motor vehicle; provided, however, that for any owner whose driver's license

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has been suspended pursuant to this paragraph who provides satisfactory proof of continuous minimum insurance coverage the commissioner may waive the lapse fee and the restoration fee and the owner shall not be deemed to have violated Code Section 40-5-121. (4) In the event of a second or subsequent offense under this Code section during any five-year period, the department shall suspend the driver's license for a period of 90 days. Upon demand of the department, the owner shall forward the driver's license to the department. After the 90 day suspension period and when the owner provides proof of having prepaid a six-month minimum insurance policy, pays a lapse fee of $25.00, and pays a restoration fee of $60.00 or $50.00 when processed by mail to the department, the suspension shall terminate and the department shall return the driver's license to the owner of the motor vehicle. Section 2. Said Code section is further amended by striking subsection (f) thereof in its entirety and inserting in lieu thereof the following: (f) (1) The department shall issue a restricted driving permit if the application indicates that refusal to issue such permit would result in the person's loss of employment or extreme hardship to the applicant. For the purposes of this subsection, the term `extreme hardship' means that the applicant cannot reasonably obtain other transportation, and, therefore, the applicant would be prohibited from: (A) Going to the applicant's place of employment or performing the normal duties of his or her occupation; (B) Receiving scheduled medical care or obtaining prescription drugs; or (C) Attending a college or school at which the applicant is regularly enrolled as a student.

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(2) A restricted driving permit shall be endorsed with such conditions as the commissioner deems necessary to ensure that such permit will be used by the permittee only to avoid the conditions of extreme hardship. Such conditions may include the following restrictions: (A) Specific places between which the permittee may be allowed to operate a motor vehicle; (B) Routes to be followed by the permittee; (C) Times of travel; (D) The specific vehicles which the permittee may operate; (E) There is in force a policy of liability insurance covering the driver of the vehicle; and (F) Such other conditions as the Department of Public Safety may require. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1993.

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DRIVERS' LICENSES MANDATORY SUSPENSION FOR SPECIFIED CONVICTIONS; CONSENT FOR ALCOHOL OR DRUG TEST; COMPLETION OF DUI ALCOHOL OR DRUG USE RISK REDUCTION PROGRAM MANDATORY FOR NEW LICENSE FOR HABITUAL VIOLATOR; RESTORATION OF LICENSE SUSPENDED FOR SPECIFIED VIOLATION. Code Sections 40-5-54, 40-5-61, 40-5-62, and 40-5-63 Amended. No. 477 (House Bill No. 24). AN ACT To amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to change certain provisions relative to mandatory suspension of a driver's license; to change certain provisions relative to the need for a chemical test to determine blood alcohol content; to provide that no driver's license shall be reinstated and no new driver's license shall be issued to any DUI offender absent proof of completion of an approved DUI Alcohol or Drug Use Risk Reduction Program; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, is amended by striking subsection (a) of Code Section 40-5-54, relating to offenses resulting in mandatory suspension of a driver's license, in its entirety and inserting in lieu thereof the following: (a) The department shall forthwith suspend, as provided in Code Section 40-5-63, the license of any driver upon receiving a record of such driver's conviction of the following offenses, whether charged as a violation of state law or of a local ordinance adopted pursuant to Article 14 of Chapter 6 of this title:

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(1) Homicide by vehicle, as defined by Code Section 40-6-393; (2) Any felony in the commission of which a motor vehicle is used; (3) Hit and run or leaving the scene of an accident in violation of Code Section 40-6-270; (4) Racing on highways and streets; (5) Using a motor vehicle in fleeing or attempting to elude an officer; or (6) Fraudulent or fictitious use of or application for a license as provided in Code Section 40-5-120 or 40-5-125. Section 2. Said chapter is further amended by striking Code Section 40-5-55, relating to implied consent to chemical tests, in its entirety and inserting in lieu thereof the following: 40-5-55. (a) The State of Georgia considers that the persons who are under the influence of alcohol or drugs while operating a motor vehicle or who have a blood alcohol concentration of 0.10 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 or her blood, breath, urine, or other bodily substances for the purpose of determining the presence of alcohol or any other drug, 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

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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 test or tests shall be administered, provided a blood test with drug screen may be administered to any person operating a motor vehicle involved in a traffic accident resulting in serious injuries or fatalities. (b) Any person who is dead, unconscious, or otherwise in a condition rendering such person incapable of refusal shall be deemed not to have withdrawn the consent provided by subsection (a) of this Code section, and the test or tests may be administered, subject to Code Section 40-6-392. (c) As used in this Code section, the term `traffic accident resulting in serious injuries or fatalities' means any motor vehicle accident in which a person was killed or in which one or more persons suffered a fractured bone, severe burns, disfigurement, dismemberment, partial or total loss of sight or hearing, or loss of consciousness. Section 3. Said chapter is further amended by striking subsection (d) of Code Section 40-5-61, relating to surrender and return of license, in its entirety and inserting in lieu thereof the following: (d) Except as provided in Code Section 40-5-62, when the revocation period expires, the department shall reinstate the license to the driver within 30 days. Section 4. Said chapter is further amended by striking subsection (b) of Code Section 40-5-62, relating to periods of license revocation, in its entirety and inserting in lieu thereof the following:

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(b) The department shall not issue a new license nor restore a person's suspended license or nonresident's operating privilege unless and until it is satisfied after investigation of the character, habits, and driving ability of such person that it will be safe to grant the privilege of driving a motor vehicle on the public highways. Notwithstanding subsection (a) of this Code section or any other provision of this title, the department shall not issue a new license to any person whose license was revoked as a habitual violator for three violations of Code Section 40-6-391 within a five-year period unless and until such person submits proof of completion of an approved DUI Alcohol or Drug Use Risk Reduction Program. The department may issue rules and regulations providing for reinstatement hearings. In the case of a revocation pursuant to Code Section 40-5-58, the department shall charge a fee of $210.00 or $200.00 if processed by mail in addition to the fee prescribed by Code Section 40-5-25 to issue a new driver's license to a person whose driver's license has been revoked. Section 5. Said chapter is further amended by striking Code Section 40-5-63, relating to periods of license suspension, in its entirety and inserting in lieu thereof the following: 40-5-63. (a) The driver's license of any person convicted of an offense listed in Code Section 40-5-54 or of violating Code Section 40-6-391, unless the driver's license has been previously suspended pursuant to Code Sections 40-5-67.1 and 40-5-67.2, shall by operation of law be suspended and such suspension shall be subject to the following terms and conditions: (1) Upon the first conviction of any such offense, with no arrest and conviction of and no plea of nolo contendere accepted to such offense within the previous five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for 12 months. At the end of 120 days, the person may apply to the Department of Public Safety for reinstatement of said driver's license. Such license shall be reinstated if such person submits proof of

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completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail, provided that, if such license was suspended as a result of a conviction of an offense listed in Code Section 40-5-54, such license shall be reinstated if such person submits proof of completion of either a defensive driving program approved by the Department of Public Safety or a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee. 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

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period of suspension shall be for three years. At the end of 120 days, the person may apply to the Department of Public Safety for reinstatement of said 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 $210.00 or $200.00 when processed by mail, provided that, if such license was suspended as a result of a conviction of an offense listed in Code Section 40-5-54, such license shall be reinstated if such person submits proof of completion of either a defensive driving program approved by the Department of Public Safety or a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee. 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, 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 (3) Upon the third conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, such person shall be considered a habitual violator, and said license shall be revoked as provided for in paragraph (1) of subsection (a) of Code Section 40-5-62. For purposes of this paragraph, a plea of nolo contendere and all

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previous accepted pleas of nolo contendere to an offense listed in Code Section 40-5-54 within such five-year period shall constitute a conviction. For the purposes of this paragraph, a plea of nolo contendere and all prior accepted pleas of nolo contendere to a charge of violating Code Section 40-6-391 within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall be considered and counted as convictions. (b) The periods of suspension provided for in this Code section shall begin on the date the person is convicted of an offense listed in Code Section 40-5-54 or of violating Code Section 40-6-391. (c) In all cases in which the department may return a license to a driver prior to the termination of the full period of suspension, the department may require such tests of driving skill and knowledge as it determines to be proper, and the department's discretion shall be guided by the driver's past driving record and performance, and the driver shall pay the applicable restoration fee. In addition to any other requirement the department may impose, a driver's license suspended as a result of a conviction of a violation of Code Section 40-6-391 shall not become valid, shall remain suspended, and shall not be returned to such driver or otherwise reinstated until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources. (d) Any person convicted of violating subsection (a) of Code Section 40-6-393, relating to homicide by vehicle, or Code Section 40-6-394, relating to serious injury by vehicle, shall have his or her license suspended for a period of three years. Such person shall not be eligible for early reinstatement of said driver's license as provided in this Code section or in Article 4 of this chapter and shall not be eligible for a limited driving permit as provided in Code Section 40-5-64. For purposes of this subsection, an accepted plea of nolo

Page 947

contendere to homicide by vehicle in the first degree or serious injury by vehicle shall constitute a conviction. (e) The driver's license of any person under 21 years of age who is convicted of unlawful possession of alcoholic beverages in violation of Code Section 3-3-23 while operating a motor vehicle may be suspended for a period of not less than 120 days. At the end of 120 days, the person may apply to the Department of Public Safety for reinstatement of said driver's license. Such license shall be reinstated only if the person submits proof of completion of an approved DUI Alcohol or Drug Use Risk Reduction Program prescribed 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 subsection, a sentence under subsection (c) of Code Section 3-3-23.1 shall not be considered a conviction, and the driver's license of such person shall not be suspended, provided that such person completes a DUI Alcohol or Drug Use Risk Reduction Program within 120 days after sentencing. Section 6. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1993. AD VALOREM TAXES BONA FIDE CONSERVATION USE PROPERTY; NEWSPAPER REPORTS BY LOCAL GOVERNMENTS AND SCHOOL BOARDS; VALUATION OF BONA FIDE CONSERVATION USE PROPERTY. Code Sections 48-5-7.4, 48-5-32, and 48-5-269 Amended. Code Section 48-5-32.1 Repealed. No. 478 (House Bill No. 66). AN ACT To amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property,

Page 948

so as to change certain provisions relating to bona fide conservation use property; to change certain ownership requirements; to require the submission of additional records under certain circumstances; to prohibit certain denials of current use assessment; to provide for additional qualifications; to change certain methods of capitalization; to provide for crop-reporting districts; to change the limits on certain value increases or decreases and provide for certain additional limits; to provide for notice of certain assessment options; to change certain provisions regarding reports of the state revenue commissioner; to provide for a onetime termination option without a penalty; to revise and change certain provisions regarding the publication by counties of a report of certain ad valorem tax information; to provide for applicability to additional taxing jurisdictions; to provide for additional contents and recipients of such report; to repeal certain provisions relating to the advertisement of intent to increase property tax; 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. Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended by striking division (a)(1)(C)(iv) of Code Section 48-5-7.4, relating to bona fide conservation use property, and inserting in its place a new division (a)(1)(C)(iv) to read as follows: (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 and which family farm corporation does not own more than 3,000 acres of tangible real property in this state; or.

Page 949

Section 2. Said chapter is further amended by striking paragraph (2) of subsection (b) of Code Section 48-5-7.4, relating to bona fide conservation use property, and inserting in its place a new paragraph (2) to read as follows: (2) The owner of a tract, lot, or parcel of land totaling less than ten acres shall be required by the tax assessor to submit additional relevant records regarding proof of bona fide conservation use;. Section 3. Said chapter is further amended in subsection (b) of Code Section 48-5-7.4, relating to bona fide conservation use property, by striking and at the end of paragraph (3), by striking the period at the end of paragraph (4) and inserting in its place a semicolon, and by adding two new paragraphs immediately following paragraph (4), to be designated paragraphs (5) and (6) to read as follows: (5) No property shall qualify as bona fide conservation use property if such property is at the time of application for current use assessment subject to a restrictive covenant which prohibits the use of the property for any purpose described in subparagraph (a)(1)(E) of this Code section; and (6) No otherwise qualified property shall be denied current use assessment on the grounds that no soil map is available for the county in which such property is located; provided, however, that if no soil map is available for the county in which such property is located, the owner making an application for current use assessment shall provide the board of tax assessors with a certified soil survey of the subject property unless another method for determining the soil type of the subject property is authorized in writing by such board. Section 4. Said chapter is further amended by striking subsection (p) of Code Section 48-5-7.4, relating to bona fide conservation use property, and inserting in its place a new subsection (p) to read as follows: (p) The following shall not constitute a breach of a covenant:

Page 950

(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; (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; or (3) Allowing all or part of the property subject to the covenant to lie fallow or idle due to economic or financial hardship if the owner notifies the board of tax assessors on or before the last day for filing a tax return in the county where the land lying fallow or idle is located and if such owner does not allow the land to lie fallow or idle for more than two years of any five-year period. Section 5. Said chapter is further amended by striking subsection (s) of Code Section 48-5-7.4, relating to bona fide conservation use property, and inserting in its place a new subsection (s) to read as follows: (s) The commissioner shall annually submit a report to the Governor, the Department of Agriculture, the Georgia Agricultural Statistical Service, the Georgia Forestry Commission, the Department of Natural Resources, and the University of Georgia Cooperative Extension Service and the House Ways and Means, Natural Resources and Environment, and Agriculture and Consumer Affairs committees 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 and Code Section 48-5-7.5. 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

Page 951

regarding state and local administration of this Code section and Code Section 48-5-7.5, with emphasis upon enforcement problems, if any, attendant with this Code section and Code Section 48-5-7.5. The report shall also include any other data or facts which the commissioner deems relevant. Section 6. Said chapter is further amended by adding two new subsections at the end of Code Section 48-5-7.4, relating to bona fide conservation use property, to be designated subsections (t) and (u), to read as follows: (t) A public notice containing a brief, factual summary of the provisions of this Code section shall be posted in a prominent location readily viewable by the public in the office of the board of tax assessors and in the office of the tax commissioner of each county in this state. (u) Property which is subject to a covenant under this Code section which was entered into during the taxable year beginning January 1, 1992, may be changed from such covenant and placed in a new covenant for bona fide conservation use under this Code section if such property meets all of the requirements and conditions otherwise specified under this Code section and if the owner files a written request with the board of tax assessors indicating such owner's desire to exercise this termination option on or before the last day for the payment of ad valorem taxes in such county for the taxable year beginning January 1, 1993, but not later than December 31, 1993. 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 this Code section. No property may be changed under this subsection more than once. Section 7. Said chapter is further amended by striking Code Section 48-5-32, relating to publication by counties of a report of certain ad valorem tax information, and inserting in its place a new Code Section 48-5-32 to read as follows: 48-5-32. (a) As used in this Code section, the term:

Page 952

(1) `Levying authority' means a county, a municipality, or a consolidated city-county governing authority or other governing authority of a political subdivision of this state that exercises the power to levy ad valorem taxes to carry out the governing authority's purposes. (2) `Recommending authority' means a county, independent, or area school board of education that exercises the power to cause the levying authority to levy ad valorem taxes to carry out the board's purposes. (3) `Taxing jurisdiction' means all the tangible property subject to the levy of a specific levying authority or the recommended levy of a specific recommending authority. (b) Each levying authority and each recommending authority shall cause a report to be published in a newspaper of general circulation throughout the county: (1) At least two weeks prior to the certification of any recommending authority to the levying authority of such recommending authority's recommended school tax for the support and maintenance of education pursuant to Article VIII, Section VI, Paragraph I of the Constitution; and (2) At least two weeks prior to the establishment by each levying authority of the millage rates for ad valorem taxes for educational purposes and ad valorem taxes for purposes other than educational purposes for the current calendar year. Such reports shall be in a prominent location in such newspaper and shall not be included with legal advertisements. The size and location of the advertisements shall not be grounds for contesting the validity of the levy. (c) The reports required under subsection (b) of this Code section shall contain the following:

Page 953

(1) For levying authorities, the assessed taxable value of all property, by class and in total, which is within the levying authority's taxing jurisdiction and the proposed millage rate for the levying authority's purposes for the current calendar year and such assessed taxable values and the millage rates for each of the immediately preceding five calendar years, as well as the proposed total dollar amount of ad valorem taxes to be levied for the levying authority's purposes for the current calendar year and the total dollar amount of ad valorem taxes levied for the levying authority's 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. In the event the rate levied in the unincorporated area is different from the rate levied in the incorporated area, the report shall also indicate all required information with respect to the incorporated area, unincorporated area, and a combination of incorporated and unincorporated areas; (2) For recommending authorities, the assessed taxable value of all property, by class and in total, which is within the recommending authority's taxing jurisdiction and the proposed millage rate for the recommending authority's purposes for the current calendar year and such assessed taxable values and the millage rates for each of the immediately preceding five calendar years, as well as the proposed total dollar amount of ad valorem taxes to be recommended for the recommending authority's purposes for the current calender year and the total dollar amount of ad valorem taxes levied for the recommending authority's purposes for each of the immediately preceding five calender 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 (3) The date, time, and place where the levying or recommending authority will be setting its millage rate for such authority's purposes.

Page 954

(d) The commissioner shall not accept for review the digest of any county which does not submit simultaneously a copy of such published reports for the county governing authority and the county board of education with such digest. In the event a 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 reports. The levies of each of the levying authorities other than the county governing authority shall be invalid and unenforceable until such time as the provisions of this Code section have been met. Section 8. Said article is further amended by striking Code Section 48-5-32.1, relating to the advertisement of intent to increase property tax, which reads 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.

Page 955

(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. (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

Page 956

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. (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 rollback 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

Page 957

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. (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., and inserting in its place a new Code Section 48-5-32.1 to read as follows: 48-5-32.1. Reserved. Section 9. Said chapter is further amended by striking subsection (b) of Code Section 48-5-269, relating to certain uniform books, records, manuals, and values, and inserting in its place new subsections (b) and (c) to read as follows: (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 a table of values for the current use value of bona fide conservation use

Page 958

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 before property taxes, with sales data to be weighted 35 percent and income capitalization values to be weighted 65 percent. All sales data shall be adjusted to remove the influence of the size of the tract on the sales price of tracts below 50 acres in size. 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 before property taxes shall be determined for: (i) Agricultural land by calculating a weighted average of all crop and pasture acreage in each district as designated by paragraph (2) of this subsection in the following manner: (I) Crop land by calculating the five-year weighted average of per-acre net income before property taxes from the major predominant acreage crops harvested in 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; and (II) Pasture property by calculating a five-year weighted average of per-acre rental rates from pasture land; and

Page 959

(ii) Forest property by calculating a five-year weighted average of per-acre net income before property taxes from hardwood and softwood harvested in Georgia. For purposes of this division, the term `property taxes' shall not include the tax under Code Section 48-5-7.5 which tax shall be considered in calculating net income; 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; (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; and (iv) A property tax component which shall be the five-year average true tax rate for the unincorporated area of each county located within the regions established by paragraph (2) of this subsection; (2) The state shall be divided into an appropriate grouping of the nine crop-reporting districts as delineated by the Georgia Agricultural Statistical Service for

Page 960

the purpose of determining any calculation under this subsection; (3) In no event may the current use value of any conservation use property in the table of values established by the commissioner under this subsection for the taxable year beginning January 1, 1993, increase or decrease by more than 15 percent from its current use value as set forth in the table of values established by the commissioner under this subsection for the taxable year beginning January 1, 1992. In no event may the current use value of any conservation use property in the table of values established by the commissioner under this subsection for the taxable year beginning January 1, 1994, or any subsequent taxable year increase or decrease by more than 3 percent from its current use value as set forth in the table of values established by the commissioner under this subsection for the immediately preceding taxable year; 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. (c) In no event may the current use value of any conservation use property increase or decrease during a covenant period by more than 3 percent from its current use value for the previous taxable year or increase or decrease during a covenant period by more than 34.39 percent from the first year of the covenant period. The limitations imposed by this subsection shall apply to the total value of all the conservation use property that is the subject of an individual covenant including any improvements that meet the qualifications set forth in paragraph (1) of subsection (a) of Code Section 48-5-7.4; provided, however, that in the event the owner changes the use of any portion of the land or adds or removes therefrom any such qualified improvements, the limitations imposed by this subsection shall be recomputed as if the new uses and improvements were in place at the time the covenant was originally entered.

Page 961

Section 10. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Sections 1, 2, 3, 4, and 9 of this Act shall be applicable to all bona fide conservation use covenants entered into for all taxable years beginning on or after January 1, 1993, and to any table of values of bona fide conservation use property established by the state revenue commissioner for all taxable years beginning on or after January 1, 1993. Any bona fide conservation use covenant entered into for the taxable year beginning January 1, 1992, shall continue to be governed by the law in effect for that taxable year. Section 11. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1993. TAXATION APPEAL OF TAX OR LICENSE FEE; TIME FOR PROTEST; PROCEDURES FOR LEVY UPON ACCOUNT WITH FINANCIAL INSTITUTION; APPLICATION OF FUNDS COLLECTED; PROPERTY OR RIGHTS LEVIED UPON; SURRENDER; WILLFUL FAILURE TO SURRENDER; DISCHARGE FROM LIABILITY TO DELINQUENT TAXPAYER; RELEASE OF PROPERTY SUBJECT TO STATE TAX LIEN. Code Sections 48-2-45, 48-2-46, 48-2-55, and 48-2-58 Amended. No. 479 (House Bill No. 269). AN ACT To amend Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to administration of taxation, so as to change certain provisions regarding the protest of a tax assessment; to change certain provisions regarding the contesting of certain assessments or license fees; to provide for procedures regarding a levy on accounts in or with certain financial institutions; to provide for the application of moneys received

Page 962

under Code Section 48-2-55; to provide for the surrender of certain property and rights; to provide for liability of persons refusing such surrender; to provide for the discharge of certain obligations; to authorize the state revenue commissioner to release or subordinate all or a portion of certain property subject to a state lien; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to administration of taxation, is amended by striking paragraph (1) of subsection (a) of Code Section 48-2-45, relating to service of notice of tax assessment, and inserting in its place a new paragraph (1) to read as follows: (1) In all cases in which the commissioner is required by law to provide an opportunity to appeal, the assessment of a tax or license fee shall become final if no written appeal is filed by the taxpayer with the commissioner within 30 days of the date of the notice of assessment. Section 2. Said article is further amended by striking Code Section 48-2-46, relating to the contesting of certain assessments and license fees, and inserting in its place a new Code Section 48-2-46 to read as follows: 48-2-46. Any taxpayer may contest any proposed assessment or license fee made or determined by the commissioner by filing with the commissioner a written protest at any time within 30 days from the date of notice of the proposed assessment or license fee or within such other time limit as may be specified within the notice of proposed assessment or license fee, if a different time limit is specified. All protests shall be prepared in the form and contain such information as the commissioner shall reasonably require and shall include a summary statement of the grounds upon which the taxpayer relies and his reasons for disputing the finding of the commissioner. The filing of a written protest, a petition for redetermination of a deficiency, or a written request by the taxpayer for additional time for filing such a

Page 963

petition shall toll the period of limitations for making an assessment until the petition is denied by the commissioner or the request is withdrawn in writing by the taxpayer. In the event the taxpayer desires a conference or hearing, the fact of such desire must be set out in the protest. The commissioner shall grant a conference before his officers or agents as he may designate at a time he shall specify and shall make such reasonable rules governing the conduct of conferences as he may deem proper. The discretion given in this Code section to the commissioner shall be reasonably exercised on all occasions. Section 3. Said article is further amended by striking subsection (c) of Code Section 48-2-55, relating to attachment, garnishment, and levy with respect to taxes, and inserting in its place a new subsection (c) to read as follows: (c) (1) In case of neglect or refusal by a taxpayer to pay any taxes, fees, licenses, penalties, interest, or collection costs due the state, the commissioner or his authorized representative may levy upon all property and rights to property belonging to the taxpayer, except such as are exempt by law, for the payment of the amount due, together with interest on the amount, any penalty for nonpayment, and such further amount as shall be sufficient for the fees, costs, and expenses of the levy. As used in this subsection, the term `property and rights to property' includes, but is not limited to, any account in or with a financial institution. (2) A levy upon an account in or with a financial institution shall be a constructive levy and shall be effective at the time of personal service upon the financial institution as evidenced by an entry of service upon the levy by the commissioner or his authorized representative, or by an acknowledgement of service made by a proper official of the financial institution indicating the date and time of service. The commissioner or his authorized representative may, in lieu of personal service or service by mail, serve a levy upon a financial institution, and a financial institution may acknowledge service of a levy by telephonic fascimile transmission or by other

Page 964

means of instantaneous electronic transmission. The financial institution shall remit to the commissioner or his authorized representative as provided in this subsection not later than 15 days after personal service or acknowledgement of service by mail or facsimile or other instantaneous electronic transmission. Notwithstanding any other law to the contrary, a financial institution receiving a levy shall remit the full amount of its depositor's accounts that are subject to levy, to the extent of the amount claimed upon the levy, without deduction; provided, however, nothing contained in this subsection shall be deemed to diminish the right of a financial institution to exercise its rights of setoff. Section 4. Said article is further amended by adding two new subsections at the end of Code Section 48-2-55, relating to attachment, garnishment, and levy with respect to taxes, to be designated subsections (e) and (f), to read as follows: (e) 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 taxpayer. (f) (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 surrender such property or rights or discharge such obligation to the commissioner or his authorized representative, except such part of the property or rights as is subject, at the time of such levy, 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 the tax, interest, and penalties for the collection of which such levy has been made, together with costs and interest at the rate specified in Code Section 48-2-40 from the date of such levy. The liability imposed

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in this subsection shall be paid upon notice and demand by the commissioner or his delegate and shall be assessed and collected in the same manner as other taxes administered by the commissioner. Any amount other than costs recovered under this subsection shall be credited against the subject taxpayer'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 service of levy by the commissioner or his authorized representative, surrenders such property or rights to property or discharges such obligation to the commissioner or his authorized representative shall be discharged from any obligation or liability to the delinquent taxpayer with respect to such property or rights to property arising from such surrender or payment. Section 5. Said article is further amended by striking Code Section 48-2-58, relating to release of property subject to a state tax lien, and inserting in its place a new Code Section 48-2-58 to read as follows: 48-2-58. (a) The commissioner, upon the taxpayer's providing security sufficient to protect the state's interest and with the consent of the Attorney General, may release some or all of the property of a taxpayer which is subject to a state tax lien when the legality of the assessment which is the basis of the lien is being litigated. (b) The commissioner may release or subordinate all or any portion of the property subject to a state tax lien if the commissioner determines that the tax, 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.

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Section 6. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1993. LAW ENFORCEMENT OFFICERS AND AGENCIES AUTHORITY TO APPREHEND UNRULY AND DELINQUENT CHILDREN; DEPARTMENT OF CHILDREN AND YOUTH SERVICES. Code Section 35-8-2 Amended. No. 480 (House Bill No. 299). AN ACT To amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to the employment and training of peace officers, so as to designate the authority to apprehend unruly and delinquent children with the appropriate state department; to change certain definitions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to the employment and training of peace officers, is amended by striking paragraph (7) of Code Section 35-8-2, relating to the definitions of a law enforcement unit, in its entirety and inserting in lieu thereof the following: (7) `Law enforcement unit' means: (A) Any agency, organ, or department of this state, a subdivision or municipality thereof, or a railroad whose primary functions include the enforcement of criminal or traffic laws, the preservation of public order,

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the protection of life and property, or the prevention, detection, or investigation of crime; (B) The Office of Permits and Enforcement of the Department of Transportation and the office or section in the Department of Children and Youth Services in which persons are assigned who have been designated by the commissioner to investigate and apprehend unruly and delinquent children; and (C) The Department of Corrections, the State Board of Pardons and Paroles, and county correctional institutions for the purpose of personnel who are authorized to exercise the power of arrest and who are employed or appointed by said department, board, or institutions. Section 2. Said chapter is further amended by striking paragraph (8) of Code Section 35-8-2, relating to the definition of a peace officer, in its entirety and inserting in lieu thereof the following: (8) `Peace officer' means, for purposes of this chapter only: (A) An agent, operative, or officer of this state, a subdivision or municipality thereof, or a railroad who, as an employee for hire or as a volunteer, is vested either expressly by law or by virtue of public employment or service with authority to enforce the criminal or traffic laws through the power of arrest and whose duties include the preservation of public order, the protection of life and property, and the prevention, detection, or investigation of crime; (B) An enforcement officer who is employed by the Department of Transportation in its Office of Permits and Enforcement and any person employed by the Department of Children and Youth Services who is designated by the commissioner to investigate and apprehend unruly and delinquent children; and

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(C) Personnel who are authorized to exercise the power of arrest and who are employed or appointed by the Department of Corrections, the State Board of Pardons and Paroles, and county correctional institutions. Sheriffs who hold elective office and law enforcement support personnel are not peace officers within the meaning of this chapter, but they may be certified upon voluntarily complying with the certification provisions of this chapter. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1993. PUBLIC RECORDS DISCLOSURE EXEMPTION FOR DEPARTMENT OF TRANSPORTATION ENGINEERS COST ESTIMATES AND REJECTED OR DEFERRED BIDS. Code Section 50-18-72 Amended. No. 481 (House Bill No. 301). AN ACT To amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure is not required for public records, so as to provide that deferred bid proposals, rejected bid proposals, and cost estimates of the Department of Transportation shall not be open to the public; 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 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure is not

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required for public records, is amended by striking paragraph (6) of subsection (a) in its entirety and inserting in lieu thereof a new paragraph (6) to read as follows: (6) Real estate appraisals, engineering or feasibility estimates, or othe records made for or by the state or a local agency relative to the acquisition of real property until such time as the property has been acquired or the proposed transaction has been terminated or abandoned and Department of Transportation engineers cost estimates and rejected or deferred bid proposals, except for the total amount of the bid, either received or prepared pursuant to Article 4 of Chapter 2 of Title 32;. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1993. OUTDOOR ADVERTISING SIGNS JUDICIAL REVIEW; DEPARTMENT OF TRANSPORTATION DECISIONS. Code Section 32-6-95 Amended. No. 482 (House Bill No. 308). AN ACT To amend Code Section 32-6-95 of the Official Code of Georgia Annotated, relating to the applicability of Chapter 13 of Title 50, the Georgia Administrative Procedure Act, to outdoor advertising signs, so as to specify time limits for judicial review of a Department of Transportation final agency decision; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 32-6-95 of the Official Code of Georgia Annotated, relating to the applicability of Chapter 13 of Title 50, the Georgia Administrative Procedure Act, to outdoor advertising signs, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 32-6-95 to read as follows: 32-6-95. (a) In addition to the procedures and remedies afforded by this part, any person, firm, or corporation who owns, uses, leases, or subleases any outdoor advertising sign which is controlled by this part or who owns property on which a sign is located shall be subject to Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' with respect to the erection, maintenance, or use of outdoor advertising signs. (b) It is specifically declared that the procedures provided in Code Sections 50-13-13 through 50-13-22 may be employed in cases wherein the department believes that a sign has been erected or is being maintained or used in violation of this part. After conducting the hearing required by Code Section 50-13-13, the commissioner or the commissioner's designee, hearing officer, or others are authorized to issue an order requiring the disassembly and removal of any sign which has been administratively determined to be illegal as defined by paragraph (6) of Code Section 32-6-71. In the event that the commissioner or the commissioner's designee, hearing officer, or others find that a sign is illegal and order its disassembly and removal, the party or parties against whom the order is directed shall be given 120 days from the date of the order in which to disassemble and remove the sign. In the event the party or parties against whom the order is directed fail to comply with the order, the department may disassemble and remove the sign in accordance with Code Section 32-6-96. (c) Notwithstanding any other law to the contrary, when a petition for judicial review of a final decision of the commissioner or the commissioner's designee, hearing officer,

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or others in any matter arising under this title is filed pursuant to Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' if the superior court in which the petition for review is filed does not hear the case within 120 days from the date the petition for review is filed with the court, the final agency decision shall be considered affirmed by operation of law unless a hearing originally scheduled to be heard within 120 days has been continued to a date certain by order of the court. In the event a hearing is held later than 120 days after the date the petition for review is filed with the superior court because a hearing originally scheduled to be heard within the 120 days has been continued to a date certain by order of the court, the final agency decision shall be considered affirmed by operation of law if no order of the court disposing of the issues presented for review has been entered within 60 days after the date of the continued hearing. If a case is heard within 120 days from the date the petition for review is filed, the final agency decision shall be considered affirmed by operation of law if no order of the court dispositive of the issues presented for review has been entered within 60 days of the date of the hearing. (d) A decision of the agency affirmed by operation of law under subsection (c) of this Code section shall be subject to appellate review in the same manner as a decision of the superior court. The date of entry of judgment for purposes of appeal pursuant to Code Section 5-6-35 of a decision affirmed by operation of law without action of the superior court shall be the last date on which the superior court could have taken action under subsection (c) of this Code section. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1993.

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SPECIAL LICENSE PLATES FOR 1996 OLYMPICS STATE REVENUE COMMISSIONER AUTHORIZED TO NEGOTIATE AND EXECUTE LICENSING AND OTHER AGREEMENTS; DESIGN OWNED BY STATE; PROTECTION OF DESIGN; REVOCATION OF LICENSE PLATES IF PERSONAL CHECK RETURNED. Code Sections 40-2-46 and 40-2-135 Amended. No. 483 (House Bill No. 320). AN ACT To amend Code Section 40-2-46 of the Official Code of Georgia Annotated, relating to licensing agreements for the use of the Olympic logo for commemorative motor vehicle tags, so as to authorize the state revenue commissioner to negotiate and execute licensing agreements or other agreements for the purpose of providing special license plates to commemorate the holding of the 1996 Olympic Games in the City of Atlanta and the State of Georgia; to establish the state's property in the commemorative design and authorize its disposition; to authorize the collection and remission of fees charged to tag purchasers; to amend Code Section 40-2-135 of the Official Code of Georgia Annotated, relating to the revocation of motor vehicle license plates under certain conditions, so as to change the conditions under which such revocation shall be made; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 40-2-46 of the Official Code of Georgia Annotated, relating to licensing agreements for the use of the Olympic logo for commemorative motor vehicle tags, is amended by striking in its entirety subsection (d) and inserting in lieu thereof the following: (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

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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 commissioner is authorized, on behalf of the state, to negotiate and execute any such licensing agreement. Any such licensing agreement shall be approved by the Fiscal Affairs Sub-Committee of the Senate and the House of Representatives before being executed by the Commissioner. For the purpose of concluding such an agreement, the commissioner may charge fees, make payments, take other actions, and agree to or impose terms and conditions, which might normally be envisioned in licensing and cross-licensing agreements for the use of designs and similar intellectual property. Without limitation, the commissioner may agree to allow to others the exclusive or nonexclusive use of the design of the commemorative license plate, including promotional use and may agree to collect through local tag agents and remit to the licensor of the Olympic logo or other designs any fee or royalty the licensor may charge to the license plate purchaser for such use. The design of the commemorative license plate, excepting only the Olympic logo and any other part of the design owned by others and licensed to the state, shall be owned solely by the State of Georgia for its exclusive use and control, except as authorized by the commissioner. The commissioner may take such steps as may be necessary to give notice of and protect such right, including the copyright. However, such steps shall be cumulative of the ownership and exclusive use and control established by this subsection as a matter of law and no person shall reproduce or otherwise use such design, except as authorized by the commissioner. Section 1.5. Code Section 40-2-135 of the Official Code of Georgia Annotated, relating to the revocation of motor vehicle license plates under certain conditions, is amended by striking subsection (a) and inserting in its place a new subsection (a) to read as follows: (a) The commissioner shall revoke any regular, prestige, special, or distinctive license plate which the commissioner determines was issued in error and shall revoke the special and distinctive license plate issued to a member of the General Assembly at such time as the holder ceases to

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hold such public office. The commissioner shall revoke any license plate purchased with a personal check which was returned for any reason. The commissioner shall notify the holder of such regular, prestige, special, or distinctive license plate or of such other license plate of such revocation. The holder of such revoked license plate shall return the license plate to the commissioner or the commissioner's designated agent and register his or her vehicle as otherwise required by this chapter. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1993. MAGISTRATE COURTS CIVIL PROCEEDINGS; PROCEDURES AND PRACTICES. Code Sections 15-10-41 and 15-10-43 Amended. No. 484 (House Bill No. 327). AN ACT To amend Article 3 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to civil proceedings in magistrate courts, so as to change the provisions relating to default judgments and the appeal process; to provide for review by certiorari; to change the provisions relating to hearings and the determination of damages; to change the provisions relating to answers; to provide for notices; to provide for the effect of failure to answer a claim; to provide for default and practices and procedures relating thereto; to provide for other matters relating to civil proceedings; 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 10 of Title 15 of the Official Code of Georgia Annotated, relating to civil proceedings in magistrate courts, is amended by striking Code Section 15-10-41, relating to no jury trials in magistrate courts and appeals, and inserting in lieu thereof a new Code Section 15-10-41 to read as follows: 15-10-41. (a) There shall be no jury trials in the magistrate court. (b) (1) Except as otherwise provided in this subsection, appeals may be had from judgments returned in the magistrate court to the state court of the county or to the superior court of the county and the same provisions now provided for by general law for appeals contained in Article 2 of Chapter 3 of Title 5 shall be applicable to appeals from the magistrate court, the same to be a de novo appeal. The provisions of said Article 2 of Chapter 3 of Title 5 shall also apply to appeals to state court. (2) No appeal shall lie from a default judgment. Review shall be by certiorari to the state court of that county or to the superior court of that county. Section 2. Said article is further amended by striking Code Section 15-10-43, relating to statement of claims, service of process, default judgments, answers to claim, opening of default, and relief in magistrate court, and inserting in lieu thereof a new Code Section 15-10-43 to read as follows: 15-10-43. (a) Actions shall be commenced by the filing of a statement of claim, including the last known address of the defendant, in concise form and free from technicalities. The plaintiff or his or her agent shall sign and verify the statement of claim by oath or affirmation. At the request of any individual, the judge or clerk may prepare the statement of claim and other papers required to be filed in an action. The statement of claim shall include the address at which the plaintiff desires to receive the notice of hearing.

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(b) A copy of the verified statement of claim shall be served on the defendant personally, or by leaving a copy thereof at the defendant's dwelling or usual place of abode with some person of suitable age and discretion then residing therein, or by delivering a copy of the claim to an agent authorized by appointment or by law to receive service of process, and such service shall be sufficient. Service of said process shall be made within the county as provided in this Code section. Service outside the county shall be by second original as provided in Code Section 9-10-72. Said service shall be made by any official or person authorized by law to serve process in the superior court, by a constable, or by any person sui juris who is not a party to, or otherwise interested in, the action, who is specially appointed by the judge of said court for that purpose. When the claim and notice are served by a private individual, such individual shall make proof of service by affidavit, showing the time and place of such service on the defendant. (c) An answer to the claim must be filed with the court or orally presented to the judge or clerk of the court within 30 days after service of the statement of claim on the defendant to avoid a default. The answer shall be in concise form and free from technical requirements, but must admit or deny the claim of the plaintiff. The answer shall contain the address at which the defendant desires to receive the notice of hearing. If the answer is presented to the judge or clerk orally, the judge or clerk shall reduce the answer to writing. A copy of the answer shall be forwarded to the plaintiff and defendant with the notice of hearing. If an answer is timely filed or presented, the court shall within ten days of filing or presentation of the answer notify the defendant and the plaintiff of the calling of a hearing on the claim. The notice shall include the date, hour, and location of the hearing, which date shall be not less than 15 nor more than 30 days after the date the notice is given. The notice shall be served on the plaintiff and the defendant by mail or personal service to the address given by the plaintiff at the time he or she files his or her claim and the address given by the defendant at the time he or she files or presents his or her answer. The date of mailing shall be the date the notice is given. The clerk shall enter a certificate of service.

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(d) Upon failure of the defendant to answer the claim within 30 days after service of the statement of claim, the defendant shall be in default. The defaulting party may open the default upon filing an answer and upon payment of costs within 15 days of default. If the defendant is still in default after the expiration of 15 days after the answer is due, the plaintiff shall be entitled to a default judgment without further proof if the claim is for liquidated damages. When the claim is for unliquidated damages, the plaintiff must offer proof of the damage amount. Separate notice of the date and time of the unliquidated damages hearing shall be sent to the defendant at his or her service address. The defendant shall be allowed to submit evidence at that hearing on the issue of the amount of damage only. (e) (1) When a hearing is scheduled pursuant to sub-section (c) of this Code section, upon failure of the defendant to appear for the hearing, the plaintiff shall be entitled to have the defendant's answer stricken and a default judgment entered. If the claim is for liquidated damages, the plaintiff shall be entitled to take a judgment in the amount set forth in the complaint without further proof. If the claim is for unliquidated damages, the plaintiff shall proceed to prove his or her damages and take judgment in an amount determined by the judge. (2) When a hearing is scheduled pursuant to subsection (d) of this Code section, upon failure of the defendant to appear, the plaintiff shall be entitled to submit proof of the damages and take judgment in an amount determined by the judge. (3) If the plaintiff fails to appear for a hearing scheduled pursuant to either subsection (c) or (d) of this Code section, the court on motion of the defendant, or on its own motion, may dismiss the plaintiff's complaint, with or without prejudice, in the discretion of the court. (f) At any time before final judgment, the court, in its discretion, upon payment of costs, may allow the default to be opened for providential cause preventing the filing of required

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pleadings or for excusable neglect or where the judge, from all the facts, shall determine that a proper case has been made for the default to be opened, on terms to be fixed by the court. In order to allow the default to be thus opened, the showing shall be made under oath, shall set up a meritorious defense, shall offer to plead instanter, and shall announce ready to proceed with the trial. (g) Notwithstanding the provisions of Code Section 15-10-42, the magistrate court may grant relief from a judgment under the same circumstances as the state court may grant such relief. Requests for relief from judgments in the magistrate court shall be by filing a new action pursuant to this Code section. The procedure shall then be the same as in other cases except the court may assess costs as seem just. (h) A complaint in equity to set aside a judgment of the magistrate court may be brought under the same circumstances as a complaint to set aside a judgment in a court of record. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1993.

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COURTS CERTAIN SCHOOL OFFICIALS; ACCESS TO JUVENILE COURT AND CHILD ABUSE RECORDS. Code Sections 15-11-58 and 49-5-41 Amended. No. 485 (House Bill No. 333). AN ACT To amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, and Code Section 49-5-41 of the Official Code of Georgia Annotated, relating to persons authorized access to child abuse records, so as to authorize school principals or school guidance counselors, school social workers, and school psychologists to review or obtain certain juvenile court and child abuse records regarding any students they are counseling and provide for conditions and penalties; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by striking Code Section 15-11-58, relating to inspection of juvenile court records, and inserting in its place a new Code section to read as follows: 15-11-58. Except in cases arising under Code Section 15-11-49, and subject to the requirements of subsection (d) of Code Section 15-11-33 and Code Section 15-11-61, all files and records of the court in a proceeding under this article are open to inspection only upon order of the court. The judge may permit authorized representatives of recognized organizations compiling statistics for proper purposes to inspect and make abstracts from official records under whatever conditions upon their use and distribution the judge may deem proper and may punish by contempt any violation of those conditions. The judge may permit any school principal or any school guidance counselor, school social worker, or school psychologist who is certified under Chapter 2 of Title 20 and who is counseling a student as a

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part of such counseling person's school employment duties, to review official records of the court in any proceeding under this chapter concerning that student, including but not limited to records of that child's controlled substance or marijuana abuse which records are protected by Code Section 49-5-41.1, under whatever conditions that the judge may deem proper and may punish by contempt any violation of those conditions. The judge shall permit authorized representatives of the Department of Children and Youth Services, the Department of Corrections, the Children and Youth Coordinating Council, and the Council of Juvenile Court Judges to inspect and extract data from any court files and records for the purpose of obtaining statistics on juveniles and to make copies pursuant to the order of the court. Section 2. Code Section 49-5-41 of the Official Code of Georgia Annotated, relating to persons having access to child abuse records, is amended by striking ; and from the end of subparagraph (c)(8)(B) thereof and inserting a semicolon in its place, by striking the period at the end of paragraph (9) thereof and inserting ; and in its place, and by adding immediately thereafter a new paragraph to read as follows: (10) Any school principal or any school guidance counselor, school social worker, or school psychologist who is certified under Chapter 2 of Title 20 and who is counseling a student as a part of such counseling person's school employment duties, but those records shall remain confidential and information obtained therefrom by that counseling person may not be disclosed to any person, except that student, not authorized under this Code section to obtain those records, and such unauthorized disclosure shall be punishable as a misdemeanor. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1993.

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COURTS JUDGES; RECUSAL UPON CONFLICT OF INTEREST; LOCAL GOVERNMENT REPRESENTATION. Code Section 15-1-8 Amended. No. 486 (House Bill No. 344). AN ACT To amend Code Section 15-1-8 of the Official Code of Georgia Annotated, relating to when judge or judicial officer is disqualified, so as to provide for recusal by part-time judges in certain cases where a conflict of interest exists; to provide that in certain cases where a conflict exists that the case may be transferred to state or superior court; to provide that a part-time judge shall not be disqualified or prohibited from serving as legal counsel for local governments; 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 15-1-8 of the Official Code of Georgia Annotated, relating to when judge or judicial officer is disqualified, is amended by inserting at the end thereof a new subsection to read as follows: (d) In all cases in which a part-time judge has a conflict because such judge or his or her partner or associate represents a governmental agency or entity, a subdivision of government, or any other client, the judge will recuse himself or herself or, with the permission of the parties, transfer the case to the state or superior court, but such judge will not otherwise be disqualified or prohibited from serving as attorney for such governmental entities. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1993.

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SUPERIOR COURTS CLERKS; DEPOSIT OF FUNDS HELD; INTEREST BEARING ACCOUNTS. Code Section 15-6-75 Amended. Code Sections 15-6-76, 15-6-76.1, and 15-7-49 Enacted. Code Title 15, Chapter 10, Article 11 Enacted. No. 487 (House Bill No. 402). AN ACT To amend Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts, so as to repeal provisions authorizing investment or deposit of funds paid into the court registry; to provide that certain clerks of superior courts shall elect whether to continue investing or depositing such funds in accordance with such provisions until the effective date of their repeal or whether to deposit said funds in accordance with the provisions of this Act; to provide for written notice to the Georgia Indigent Defense Council; to further amend said chapter and Chapters 7 and 10 of Title 15 of the Official Code of Georgia Annotated, relating respectively to state courts of counties and magistrate courts, so as to provide that clerks of such courts shall deposit funds paid into the court registry into interest-bearing trust accounts; to provide that interest shall be paid to one or more of the parties if the court so directs; to provide that otherwise interest from such funds shall be remitted to the Georgia Indigent Defense Council for distribution to the counties pursuant to Article 2 of Chapter 12 of Title 17; to provide for the remittance of certain information; to provide which investments shall be used for this purpose; to provide that the court order may be amended to require deposit for the benefit of a party or parties; to provide for exemptions; to provide for related matters; to provide effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts, is amended in Code Section 15-6-75, relating to investment of certain funds, by

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adding a new subsection to be designated subsection (e) to read as follows: (e) This Code section shall be repealed on July 1, 1994. Section 2. Said chapter is further amended by striking in its entirety Code Section 15-6-76, relating to deposit of funds in interest-bearing accounts, and inserting a new Code section to read as follows: 15-6-76. When it is not contemplated that funds paid into the court registry will be held longer than 30 days, the clerk of the superior court may deposit the funds in an interest-bearing account in a bank or other financial institution authorized to do business in this state. This Code section shall be repealed on July 1, 1994. Section 3. Said chapter is further amended by adding a new Code section, to be designated Code Section 15-6-76.1, to read as follows: 15-6-76.1. (a) In counties where the clerk of the superior court exercised discretion to invest funds pursuant to Code Section 15-6-75 or to deposit funds in one or more interest-bearing accounts pursuant to Code Section 15-6-76, and such funds were invested or on deposit on January 1, 1993, the clerk may continue to invest such funds pursuant to Code Section 15-6-75 or deposit such funds pursuant to Code Section 15-6-76 until July 1, 1994. In such counties, clerks who do not elect to continue investing or depositing funds pursuant to such Code sections, or who cease depositing or investing such funds pursuant to such Code sections, shall be subject to the provisions of subsections (c) through (g) of this Code section. In such counties, clerks shall provide a written notice to the Georgia Indigent Defense Council within 30 days following July 1, 1993, stating that funds were invested or on deposit pursuant to Code Section 15-6-75 or 15-6-76 on January 1, 1993, and stating whether they have elected to continue investing or depositing funds pursuant to Code Sections 15-6-75 and 15-6-76 or to comply with the provisions of subsections (c) through (g) of this Code section.

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In such counties, clerks may change their election by written notice to the Georgia Indigent Defense Council. (b) In counties where no funds were invested or on deposit pursuant to Code Section 15-6-75 or 15-6-76 on January 1, 1993, clerks shall be subject to the provisions of subsections (c) through (g) of this Code section, effective July 1, 1993. (c) When funds are paid into the registry of the court, the clerk shall deposit such funds in one or more interest-bearing trust accounts in investments authorized by Code Section 36-80-3 or by Chapter 83 of Title 36. (d) When funds have been paid into the registry of the court pursuant to a court order directing that such funds be deposited in an interest-bearing trust account for the benefit of one or more of the parties, the interest received from such funds after service charges or fees imposed by the bank or depository shall be paid to one or more of the parties as the order of the court directs. (e) When funds have been paid into the registry of the court and the order of the court relating to such funds does not state that such funds shall be placed in an interest-bearing trust account for the benefit of one or more of the parties, the clerk shall deposit such funds in an interest-bearing trust account and the financial institution in which such funds are deposited shall remit, after service charges or fees are deducted, the interest generated by said funds directly, at least quarterly and within 30 days of receipt, to the Georgia Indigent Defense Council for distribution to the counties pursuant to Article 2 of Chapter 12 of Title 17. With each remittance the financial institution shall send a statement showing the name of the court, the rate of interest applied, the average monthly balance in the account against which the interest rate is applied, the service charges or fees of the bank or other depository, and the net remittance. This subsection shall include but not be limited to cash supersedeas bonds for criminal appeal, other supersedeas bonds, and bonds or funds paid into the court registry in actions involving interpleader, condemnation, and requests for injunctive

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relief. The Georgia Indigent Defense Council shall allocate all interest received from such funds deposited in interest-bearing trust accounts to the counties pursuant to Article 2 of Chapter 12 of Title 17. (f) In its discretion, the court may at any time amend its order to require that the funds be deposited into an interest-bearing account for the benefit of one or more of the parties to the action, and the clerk shall comply with such amended order. (g) In counties where the service charges or fees of the bank or depository would exceed the interest received from funds subject to this Code section, the clerk shall be exempt from subsections (a) through (f) of this Code section. In such counties, the clerk shall send a written notice to the Georgia Indigent Defense Council. Section 4. Article 3 of Chapter 7 of Title 15 of the Official Code of Georgia Annotated, relating to practice and procedure of state courts of counties, is amended by adding a new Code section, to be designated Code Section 15-7-49, to read as follows: 15-7-49. When funds are paid into the court registry, the clerk shall deposit such funds in interest-bearing trust accounts and the interest from those funds shall be remitted to the Georgia Indigent Defense Council in accordance with the provisions of subsections (c) through (g) of Code Section 15-6-76.1. The Georgia Indigent Defense Council shall allocate all interest received from such funds in accordance with subsection (e) of Code Section 15-6-76.1. Section 5. Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, is amended by adding a new article, to be designated Article 11, and to read as follows: ARTICLE 11 15-10-220. When funds are paid into the court registry, the clerk shall deposit such funds in interest-bearing trust

Page 986

accounts and the interest from those funds shall be remitted to the Georgia Indigent Defense Council in accordance with the provisions of subsections (c) through (g) of Code Section 15-6-76.1. The Georgia Indigent Defense Council shall allocate all interest received from such funds in accordance with subsection (e) of Code Section 15-6-76.1. Section 6. (a) Sections 1 and 2 of this Act shall be effective July 1, 1994. (b) The remaining provisions of this Act shall be effective July 1, 1993, and shall apply to all funds paid into court registries on or after July 1, 1993; provided, however, that on and after July 1, 1993, clerks governed by this Act shall exercise their discretion in determining whether to deposit in accordance with this Act funds remaining in the court registry which were paid into the court registry before July 1, 1993. Section 7. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1993. AGRICULTURE HORTICULTURAL GROWING MEDIA; REGULATION; COMMISSIONER OF AGRICULTURE; ADMINISTRATION AND ENFORCEMENT. Code Title 2, Chapter 12, Article 4 Enacted. No. 488 (House Bill No. 421). AN ACT To amend Chapter 12 of Title 2 of the Official Code of Georgia Annotated, relating to commercial fertilizers, liming materials, and soil amendments, so as to provide for the regulation of horticultural growing media; to provide for a short title; to provide for a declaration of purpose; to provide for definitions; to provide for administration and enforcement by the

Page 987

Commissioner of Agriculture; to provide for powers of the Commissioner of Agriculture; to provide for registration of horticultural growing media; to provide for inspections; to provide for labeling requirements; to provide for fees; to provide for the use and expenditure of funds; to provide for stop sale orders; to provide for exemptions; to prohibit certain actions, conduct, or failure to act; to provide for injunctions; to provide for practices and procedures; to provide for rules and regulations; to provide for penalties; to provide for other matters relating to horticultural growing media and the regulation thereof; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 12 of Title 2 of the Official Code of Georgia Annotated, relating to commercial fertilizers, liming materials, and soil amendments, is amended by adding at the end thereof a new Article 4 to read as follows: ARTICLE 4 2-12-100. This article shall be known and may be cited as the `Georgia Horticultural Growing Media Act.' 2-12-101. Horticultural growing media are one of the foundations of successful horticultural businesses. As such, it is vital that growers are adequately informed of the basic contents of such media. The purpose of this article is to ensure that horticultural growing media are accurately labeled to reflect their known composition and are suitable for their intended purpose. 2-12-102. As used in this article, the term: (1) `Bulk' means not in a package or in packages of one cubic yard or more. (2) `Commissioner' means the Commissioner of Agriculture, any employee of the Department of Agriculture, or any other person authorized by the Commissioner to act on behalf of the Commissioner.

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(3) `Custom medium' means a horticultural growing medium which is prepared to exact specifications of the person who will be planting in the medium and delivered directly to that person without intermediate or further distribution. (4) `Department' means the Georgia Department of Agriculture. (5) `Distribute' means to offer for sale, sell, barter, exchange, or otherwise supply or make available. (6) `Horticultural growing medium' means any substance or mixture of substances which is promoted as or is intended to function as an artificial soil for the managed growth of horticultural crops. (7) `Label' means the display of all written, printed, or graphic matter on or attached to the immediate container accompanying the lot of horticultural growing medium. (8) `Labeling' means, in addition to the label, any written, printed, or graphic matter accompanying any horticultural growing medium or any advertisements, brochures, posters, television or radio announcements, or any other oral or written material used in promoting a horticultural growing medium. (9) `Person' means individuals, partnerships, corporations, other organized bodies or entities, or any combination thereof. (10) `Registrant' means the person whose name appears on the label of a horticultural growing medium and who is responsible for labeling such medium. 2-12-103. The Commissioner is authorized to administer and enforce the provisions of this article through the utilization of personnel and facilities of the department. 2-12-104. The Commissioner is authorized to:

Page 989

(1) Cooperate with and, as the Commissioner may deem necessary, enter into written agreements with any other agency of this state, another state, or the federal government or any other organization or entity that may be of assistance; (2) Inspect or cause to be inspected by duly authorized employees any lands, facilities, equipment, materials, substances, or products used for preparation, distribution, or labeling of horticultural growing media. For this purpose, the Commissioner shall have the power to enter into or upon any place during regular business hours upon notice and to open and sample any bulk material, bundle, package, or other container containing or thought to contain any horticultural growing medium, or to inspect labels or labeling; (3) Require every person registering any horticultural growing medium in this state to furnish on forms supplied by the Commissioner such information as the Commissioner may require to ascertain the accuracy and truthfulness of any label, labeling, or composition of any horticultural growing medium; (4) Place a stop sale order on any horticultural growing medium if the composition thereof is inaccurately or untruthfully labeled; (5) Adopt, in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' such rules and regulations as the Commissioner deems necessary to ensure the accuracy or truthfulness of labels or labeling or content of horticultural growing media, including but not limited to: (A) Requiring that all registrants of horticultural growing media register each product name with the Commissioner and supply the Commissioner with a complete label and labeling for each product name; (B) Requiring that all registrants of horticultural growing media supply analyses of horticultural

Page 990

growing media they have distributed, upon request of the Commissioner; (C) Specifying the contents of the label and the manner of expressing the contents required on each package or accompanying each shipment of horticultural growing media; (D) Requiring an annual registration fee for each product registered of not more than $100.00 per product nor more than $1,500.00 per registrant; (E) Establishing a stop sale procedure for horticultural growing media which do not meet the requirements of this article or the rules and regulations of the Commissioner; (F) Determining the suitability of any horticultural growing medium for its intended purpose; and (G) Requiring data and proof of usefulness from registrants of horticultural growing media in order to determine suitability for its intended purpose. 2-12-105. For the purpose of defraying expenses of registration under this article, the Commissioner may assess and collect the cost thereof with any surplus to be paid into the state treasury. 2-12-106. (a) Distribution of horticultural growing media planted with live plant material is exempt from the labeling and registration requirements imposed pursuant to this article. (b) Distribution of custom media is exempt from the registration requirements imposed pursuant to this article provided it is prepared for a single purchaser and is not held for distribution to other purchasers. (c) Distribution of horticultural growing media containing plant nutrients shall be exempt from the requirements of

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Article 1 of Chapter 12 of Title 2, the `Georgia Plant Food Act of 1989.' 2-12-107. The Commissioner is authorized to revoke and cancel registrations of any person or to refuse to register horticultural growing media upon satisfactory evidence that the registrant or person has used fraudulent or deceptive practices in the evasion or attempted evasion of this article or of any rules and regulations promulgated under this article. No registration shall be revoked, denied, cancelled, or refused until the registrant or person has been notified by certified mail, return receipt requested, of the time and place of the hearing and has been given an opportunity to appear and be heard by the Commissioner or the Commissioner's authorized representative. 2-12-108. The Commissioner is authorized to apply for and the court is authorized to grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this article or any rule or regulation promulgated under this article notwithstanding the existence of other remedies at law. Any such injunction may be issued without bond. 2-12-109. It shall be unlawful for any person to: (1) Distribute an unregistered horticultural growing medium, except one exempted from the registration requirements of this article; (2) Distribute a horticultural growing medium if the label or labeling thereof does not accurately reflect its composition; (3) Distribute a horticultural growing medium which is unsuitable for its intended purpose or which contains substances at a level harmful to plant growth; (4) Fail to supply the Commissioner with analyses of a horticultural growing medium when requested by the Commissioner or a person authorized by the Commissioner or this article to make such requests;

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(5) Fail to cease distribution of any horticultural growing medium for which the Commissioner has issued a stop sale order; or (6) Obstruct the Commissioner in the performance of the Commissioner's duties under this article. 2-12-110. Any person violating any provision of this article shall be guilty of a misdemeanor. Section 2. This Act shall become effective July 1, 1994. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1993. EDUCATION DIRECTOR OF THE UNIVERSITY OF GEORGIA LIBRARIES; DEPOSITOR OF STATE PUBLIC DOCUMENTS. Code Section 20-5-2 Amended. No. 489 (House Bill No. 463). AN ACT To amend Code Section 20-5-2 of the Official Code of Georgia Annotated, relating to powers and duties of the State Board of Education and transfer of functions of State Library Commission, so as to provide that the director of the University of Georgia Libraries shall be responsible for acquiring, cataloging, and distributing state public documents; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 993

Section 1. Code Section 20-5-2 of the Official Code of Georgia Annotated, relating to powers and duties of the State Board of Education and transfer of functions of State Library Commission, is amended by striking subsections (e), (f), (g), (h), (i), (j), (k), and (l) in their entirety and inserting in lieu thereof the following: (e) Each department and institution within the executive branch of state government shall make a report to the director of the University of Georgia Libraries on or before December 1 of each year containing a list by title of all public documents published or issued by such department or institution during the preceding state fiscal year. The report shall also contain a statement noting the frequency of publication of each such public document. The director of the University of Georgia Libraries may disseminate copies of the lists, or such parts thereof, in such form as the director of the University of Georgia Libraries, in his or her discretion, deems shall best serve the public interest. For purposes of this article, `public documents' shall mean the books, magazines, journals, pamphlets, reports, bulletins, and other publications of any agency, department, board, bureau, commission, or other institution of the executive branch of state government but specifically shall not include the reports of the Supreme Court and the Court of Appeals, the journals of the House and the Senate, or the session laws enacted by the General Assembly and shall not include forms published by any agency, department, board, bureau, commission, or other institution of the executive branch of state government. (f) Each department and institution within the executive branch of state government shall submit to the director of the University of Georgia Libraries at least five copies of each of the public documents which such departments and institutions publish, within one month of its date of publication, unless the director of the University of Georgia Libraries requests additional copies of any such public documents, up to a maximum of 60 copies, in which case the number of copies requested shall be submitted. (g) The Governor and all of the officers who are or may be required to make reports to the General Assembly shall

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furnish the director of the University of Georgia Libraries with at least five copies of each of such reports and additional copies upon request of the director of the University of Georgia Libraries. (h) The Department of Administrative Services, the Georgia Correctional Industries Administration, the Board of Regents of the University System of Georgia, and any other agency of state government which prints public documents shall furnish to the director of the University of Georgia Libraries on a monthly basis a record of all public documents which have been printed or scheduled for printing by that agency during the preceding month. (i) The director of the University of Georgia Libraries shall have the authority to supply copies of public documents to any state institution, public library, or public school in this state or to any other institution of learning which maintains a library, if such copies are available. Such copies may be furnished for a reasonable cost or free of charge or for the cost of postage or shipping, as the director of the University of Georgia Libraries deems appropriate. (j) The director of the University of Georgia Libraries shall have the authority to act as the exchange agent of this state for the purpose of a regular exchange between this state and other states of public documents. The several state departments and institutions are required to deposit with the director of the University of Georgia Libraries for that purpose up to 50 copies of each of their public documents, as may be specified by the director of the University of Georgia Libraries. (k) The director of the University of Georgia Libraries may transfer books and other library holdings to the Department of Archives and History, the Board of Regents of the University System of Georgia, the State Law Library, or other public libraries. Books and other library holdings which are obsolete, defective, worn-out, or surplus, or otherwise in the discretion of the director of the University of Georgia Libraries are not required, may be sold, destroyed, or otherwise disposed of by the director of the University of

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Georgia Libraries, without the need to comply with the provisions of Article 5 of Chapter 13 of Title 45, relating to the disposition of surplus state books. (l) The director of the University of Georgia Libraries shall have the authority to employ the necessary personnel, including documents librarians and other professional personnel, to carry out the powers and duties set forth in this Code section. Approved April 13, 1993. REVENUE REIMBURSEMENT DEDUCTION FOR DEALERS COLLECTING SALES AND USE TAX AND SECOND MOTOR FUEL TAX; LOCAL GOVERNMENT TAXES ON PUBLIC ACCOMMODATIONS; USE OF PROCEEDS FOR SUPPORTING CERTAIN CONVENTION AND TRADE SHOW FACILITIES. Code Sections 48-8-50, 48-9-14, and 48-13-51 Amended. No. 490 (House Bill No. 472). AN ACT To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change the rate and procedures regarding the reimbursement deduction allowed to dealers for collecting certain sales and use taxes and the second motor fuel tax; to authorize a county or municipality under certain circumstances to expend taxes collected from certain levies for supporting a facility owned or operated by a local government or authority for convention or trade show and similar purposes; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 996

Section 1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking paragraphs (1) and (2) of subsection (b) of Code Section 48-8-50, relating to compensation of dealers for reporting and paying the state sales and use tax, and inserting in their place new paragraphs (1), (2), and (3) to read as follows: (1) With respect to each certificate of registration number on such return, a deduction of 3 percent of the first $3,000.00 of the combined total amount of all sales and use taxes reported due on such return for each location other than the taxes specified in paragraph (3) of this subsection; (2) With respect to each certificate of registration number on such return, a deduction of one-half of 1 percent of that portion exceeding $3,000.00 of the combined total amount of all sales and use taxes reported due on such return for each location other than the taxes specified in paragraph (3) of this subsection; and (3) With respect to each certificate of registration number on such return, a deduction of 3 percent of the combined total amount due of all sales and use taxes on motor fuel as defined under paragraph (9) of Code Section 48-9-2, which are imposed under any provision of this title, including, but not limited to, Code Section 48-9-14 and sales and use taxes on motor fuel imposed under any of the provisions described in subsection (f) of this Code section. Section 2. Said title is further amended by striking paragraph (2) of subsection (c) of Code Section 48-9-14, relating to the second motor fuel tax, and inserting in its place a new paragraph (2) to read as follows: (2) Dealers shall be allowed a percentage of the amount of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due. The deduction shall be at the rate and subject to the requirements specified under subsections (b) through (f) of Code Section 48-8-50.

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Section 3. Said title is further amended by striking in its entirety paragraph (3) of subsection (a) of Code Section 48-13-51, relating to county and municipal excise tax levies on public accommodations charges for the promotion of tourism, conventions, and trade shows, and inserting in lieu thereof a new paragraph to read as follows: (3) Notwithstanding the provisions of paragraph (1) of this subsection, a county (within the territorial limits of the special district located within the county) or municipality may levy a tax under this Code section at a rate of 5 percent. A county or municipality levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph (3)) an amount equal to the amount by which the total taxes collected under this Code section exceed the taxes which would be collected at a rate of 3 percent for the purpose of: (A) promoting tourism, conventions, and trade shows; (B) supporting a facility owned or operated by a state authority for convention and trade show purposes or any other similar or related purposes; (C) supporting a facility owned or operated by a local government or local authority for convention and trade show purposes or any other similar or related purposes, if a written agreement to provide such support was in effect on January 1, 1987, and if such facility is substantially completed and in operation prior to July 1, 1987; (D) supporting a facility owned or operated by a local government or local authority for convention and trade show purposes or any other similar or related purposes if construction of such facility is funded or was funded prior to July 1, 1990, in whole or in part by a grant of state funds or is funded on or after July 1, 1990, in whole or substantially by an appropriation of state funds; (E) supporting a facility owned by a local government or local authority for convention and trade show purposes and any other similar or related purposes if construction of such facility is substantially funded or was substantially funded on or after February 28, 1985, by a special county 1 percent sales and use tax authorized by Article 3 of Chapter 8 of Title 48, as amended and if such facility was substantially completed and in operation prior to December 31, 1993; or (F) for some combination of such purposes. Amounts so expended shall be expended only through a contract or contracts with the state, a

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department of state government, a state authority, a convention and visitors bureau authority created by local Act of the General Assembly for a municipality, or a private sector non-profit organization, or through a contract or contracts with some combination of such entities, except that amounts expended for purposes (C) and (D) may be so expended in any otherwise lawful manner. Section 4. Said Code section is further amended by striking in its entirety paragraph (4) of subsection (a) and inserting in lieu thereof a new paragraph (4) to read as follows: (4) Notwithstanding any other provision of this subsection, a county (within the territorial limits of the special district located within the county) or municipality may levy a tax under this Code section at a rate of 6 percent. A county or municipality levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph (4)) an amount equal to at least 43 [UNK] percent of the total taxes collected at the rate of 6 percent for the purpose of: (A) promoting tourism, conventions, and trade shows; (B) supporting a facility owned or operated by a state authority for convention and trade show purposes or any other similar or related purposes; (C) supporting a facility owned or operated by a local authority or local government for convention and trade show purposes or any other similar or related purposes, if a written agreement to provide such support was in effect on January 1, 1987, and if such facility is substantially completed and in operation prior to July 1, 1987; (D) supporting a facility owned or operated by a local government or local authority for convention and trade show purposes or any other similar or related purposes if construction of such facility is funded or was funded prior to July 1, 1990, in whole or in part by a grant of state funds or is funded on or after July 1, 1990, in whole or substantially by an appropriation of state funds; (E) supporting a facility owned by a local government or local authority for convention and trade show purposes and any other similar or related purposes if construction of such facility is substantially funded or was substantially funded on or after February 28, 1985, by a special county 1 percent sales and use tax authorized by Article 3 of Chapter 8 of Title 48, as amended

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and such facility was substantially completed and in operation prior to December 31, 1993; or (F) for some combination of such purposes. Amounts so expended shall be expended only through a contract or contracts with the state, a department of state government, a state authority, a convention and visitors bureau authority created by local Act of the General Assembly for a municipality, or a private sector non-profit organization, or through a contract or contracts with some combination of such entities, except that amounts expended for purposes (C) and (D) may be so expended in any otherwise lawful manner. In addition to the amounts required to be expended above, a county or municipality levying a tax pursuant to this paragraph (4) shall further expend (in each fiscal year during which the tax is collected under this paragraph (4)) an amount equal to at least 16 [UNK] percent of the total taxes collected at the rate of 6 percent for the purpose of construction or expansion of either: (A) a facility owned or operated by a state authority for convention and trade show purposes or any other similar or related purposes; (B) a facility owned or operated by a local authority or local government for convention and trade show purposes or any other similar or related purposes, if such support is provided to a governmental entity with which the county or municipality levying the tax had in effect on January 1, 1987, a contractual agreement concerning governmental support of a convention and trade show facility; (C) a facility owned or operated for convention and trade show purposes, visitor welcome center purposes, or any other similar or related purposes by a convention and visitors bureau authority created by local Act of the General Assembly for a municipality; (D) a facility owned or operated for convention and trade show purposes or any other similar or related purposes by a coliseum and exhibit hall authority created by local Act of the General Assembly for a county and one or more municipalities therein; or (E) a facility owned by a local government or local authority for convention and trade show purposes and any other similar or related purposes if construction of such facility is substantially funded or was substantially funded on or after February 28, 1985, by a special county 1 percent sales and use tax authorized by Article 3 of Chapter 8 of Title 48, as amended and such facility was substantially completed and in operation prior to December 31, 1993.

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Amounts so expended to meet such 16 [UNK] percent expenditure requirement shall not be subject to the foregoing provisions of this paragraph requiring expenditure through a contract or contracts with certain entities. 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. (b) Sections 1 and 2 of this Act shall become effective on July 1, 1993. Section 6. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1993. PEACE OFFICERS' ANNUITY AND BENEFIT FUND MEDICAL EXAMINATION REQUIREMENT REPEALED; DISABILITY BENEFITS LIMITED TO MEMBERS JOINING BEFORE SPECIFIED DATE. Code Sections 47-17-40 and 47-17-81 Amended. No. 491 (House Bill No. 496). AN ACT To amend Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to the Peace Officers' Annuity and Benefit Fund, so as to repeal a certain requirement for a physical examination as a part of the application for membership; to provide that persons who become members after a certain date shall not be eligible for certain benefits; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 1001

Section 1. Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to the Peace Officers' Annuity and Benefit Fund, is amended by striking in its entirety subsection (b) of Code Section 47-17-40, relating to application for membership in such fund, which reads as follows: (b) An application to become a member of the fund must be accompanied by a report of a medical examination of such applicant, which report shall note the physical defects of such applicant. Such medical examination must have been made not more than 90 days prior to the date of the application. The board, in its discretion, may provide for an inspection of such report by a physician of its own choosing and shall also have the authority to require a medical examination of any applicant by a physician of its own choosing. In addition to any other authority possessed by the board to reject an application for membership, it is authorized to reject an application for membership for medical reasons. If the medical report reveals that the applicant has a preexisting physical defect, functional or organic disease, or deformity (1) which may precipitate or cause a disabling injury, illness, or physical impairment, or (2) which may contribute to circumstances whereunder such applicant might reasonably be expected to be more likely to suffer or incur a disabling injury, illness, or physical impairment, then the board may, in its discretion, require as a precondition to membership in the fund a waiver by the applicant of his right to disability benefits resulting from, caused by, or contributed to by such preexisting physical defect, functional or organic disease, or deformity., and inserting in lieu thereof the following: (b) Reserved. Section 2. Said chapter is further amended by striking in its entirety subsection (d) of said Code Section 47-17-40 and inserting in lieu thereof the following: (d) Any other provisions of this chapter to the contrary notwithstanding, any peace officer who was over 45 years of age but less than 50 years of age upon becoming a

Page 1002

peace officer and who on July 1, 1990, has 16 or more years of continuous service as a peace officer shall be eligible for membership in the fund and for the annuity and benefits provided for in this chapter. A peace officer who becomes a member of the fund pursuant to the authority of this subsection shall receive credit for not more than five years of prior service as a peace officer by paying to the board dues at the rate of $10.00 per month plus 10 percent interest per annum compounded annually from the date the prior service was rendered to the date of payment for all years of prior service claimed as creditable service. Subsection (c) of Code Section 47-17-44 and subsection (a) of Code Section 47-17-70 shall not limit the right to receive credit for prior service pursuant to the authority of this subsection. A peace officer wishing to become a member of the fund pursuant to the authority of this subsection shall apply therefor to the board by not later than January 1, 1993, and the payment for prior service, which shall be necessary for membership in the fund, shall be made to the board at the time the application is filed with the board. Section 3. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 47-17-81, relating to eligibility for disability benefits under said fund and related matters, and inserting in lieu thereof the following: (a) Any dues-paying member who became a member prior to July 1, 1993, who is rendered totally and permanently disabled by disease or injury so as to be unable to perform substantially all of the duties of the position to which the member was regularly assigned when the disability originated or so as to be unable to engage in any occupation or gainful employment for which the member is reasonably suited by virtue of the member's background, training, education, and experience shall be entitled to disability benefits of $257.00 per month for life or until the member's disability ceases, provided that the member makes application to the board for disability benefits within 12 months of becoming totally and permanently disabled.

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Section 4. Said chapter is further amended by inserting at the end of said Code Section 47-17-81 the following: (r) Any other provision of this Code section to the contrary notwithstanding, no person who becomes a member or again becomes a member of this fund on or after July 1, 1993, shall be entitled to any benefit provided for in this Code section. Section 5. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1993. LOCAL GOVERNMENT PUBLIC CONTRACTORS; BONDS AND SECURITY DEPOSITS. Code Section 36-82-104 Amended. No. 492 (House Bill No. 543). AN ACT To amend Article 4 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to bonds for public contractors, so as to change the provisions relating to action on breached bond or security deposit; to provide that certain provisions relating to actions on a breached bond or security deposit shall apply to a public work where the contractor has not complied with the Notice of Commencement requirements provided for in this Act; to provide that any person having direct contractual relationship with a subcontractor, but no contractual relationship express or implied with the contractor furnishing such payment bond or security deposit on a public work where the contractor has complied with the Notice of Commencement requirements, shall have the right of action on the payment bond or security deposit, provided such person gives to the contractor a written Notice to Contractor; to provide that the Notice to

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Contractor shall contain certain information; to provide for the manner of serving notice; to provide that the contractor furnishing the payment bond or security deposit shall post on the public work site and file with the clerk of the superior court in the county in which the public work is located a Notice of Commencement no later than 15 days after the contractor physically commences work on the public work; to provide that a Notice of Commencement shall contain certain information; to provide that the Notice of Commencement shall be distributed to certain subcontractors, materialmen, and other persons; to provide for the effect of the failure to file a Notice of Commencement; to provide for the effect of the failure to distribute copies of the Notice of Commencement to a subcontractor, materialman, or other person as required in this Act; to require the clerk of the superior court to keep certain records of notices of commencement; 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 82 of Title 36 of the Official Code of Georgia Annotated, relating to bonds for public contractors, is amended by striking in its entirety Code Section 36-82-104, relating to action on breached bond or security deposit, and inserting in lieu thereof a new Code Section 36-82-104 to read as follows: 36-82-104. (a) The obligee in any bid bond required to be given in accordance with subsection (a) of Code Section 13-10-1 or the obligee in any performance bond required to be given in accordance with paragraph (1) of subsection (b) of Code Section 13-10-1 shall be entitled to maintain an action thereon at any time upon any breach of such bond. (b) Every person entitled to the protection of the payment bond or security deposit required to be given under paragraph (2) of subsection (b) of Code Section 13-10-1 who has not been paid in full for labor or material furnished in the prosecution of the work referred to in such bond or security deposit before the expiration of a period of 90 days after the day on which the last of the labor was done or performed

Page 1005

by such person or the material or equipment or machinery was furnished or supplied by such person for which such claim is made, or when he or she has completed his or her subcontract for which claim is made, shall have the right to bring an action on such payment bond or security deposit for the amount, or the balance thereof, unpaid at the time of the commencement of such action and to prosecute such action to final execution and judgment for the sum or sums due such person; provided, however, that: (1) Any person having direct contractual relationship with a subcontractor, but no contractual relationship express or implied with the contractor furnishing such payment board or security deposit on a public work where the contractor has not complied with the Notice of Commencement requirements in accordance with subsection (f) of this Code section, shall have the right of action upon the payment bond or security deposit upon giving written notice to the contractor within 90 days from the day on which such person did or performed the last of the labor or furnished the last of the material or machinery or equipment for which such claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the material was furnished or supplied or for whom the labor was performed or done. (2) Any person having direct contractual relationship with a subcontractor, but no contractual relationship express or implied with the contractor furnishing such payment bond or security deposit on a public work where the contractor has complied with the Notice of Commencement requirements in accordance with subsection (f) of this Code section, shall have the right of action on the payment bond or security deposit, provided such person shall, within 30 days from the filing of the Notice of Commencement or 30 days following the first delivery of labor, material, machinery, or equipment, whichever is later, give to the contractor a written Notice to Contractor setting forth:

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(A) The name, address, and telephone number of the person providing labor, material, machinery, or equipment; (B) The name and address of each person at whose instance the labor, material, machinery, or equipment is being furnished; (C) The name and the location of the public work; and (D) A description of the labor, material, machinery, or equipment being provided and, if known, the contract price or anticipated value of the labor, material, machinery, or equipment to be provided or the amount claimed to be due, if any. (3) Nothing contained in this Code section shall limit the right of action to said 90 day period. (c) The notice required under paragraph (1) of subsection (b) of this Code section may be served by depositing the notice, registered or certified mail, postage prepaid, duly addressed to the contractor, at any place at which the contractor maintains an office or conducts his or her business or at his or her residence, in any post office or branch post office or any letter box under the control of the United States Postal Service; alternatively, notice may be served in any manner in which the sheriffs of this state are authorized by law to serve summons or process. (d) Every action instituted under this Code section shall be brought in the name of the claimant, without the state, county, municipal corporation, or public board or body for which the work was done or was to be done being made a party thereto. (e) The official who has the custody of the bond or security deposit is authorized and directed to furnish, to any person making application therefor who submits an affidavit that he or she has supplied labor or materials for such work and that payment therefor has not been made or that he or

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she is being sued on any such bond or security deposit, a copy of the bond or security deposit agreement and the contract for which it was given, certified by the official who has custody of the bond or security deposit; this copy shall be primary evidence of the bond or security deposit and contract and shall be admitted in evidence without further proof. Applicants shall pay for such certified copies and such certified statements such fees as the official fixes to cover the cost of preparation thereof, provided that in no case shall the fee fixed exceed the fees which the clerks of the superior courts are permitted to charge for similar copies. (f) The contractor furnishing the payment bond or security deposit shall post on the public work site and file with the clerk of the superior court in the county in which the public work is located a Notice of Commencement no later than 15 days after the contractor physically commences work on the public work and give a copy of the Notice of Commencement to any subcontractor, materialman, or person who makes a written request of the contractor. Failure to give a copy of the Notice of Commencement within ten calendar days of receipt of the written request from the subcontractor, materialman, or person shall render the provisions of paragraph (2) of subsection (b) of this Code section inapplicable to the subcontractor, materialman, or person making the request. The Notice of Commencement shall include: (1) The name, address, and telephone number of the contractor; (2) The name and location of the public work being constructed or a general description of the improvement; (3) The name and address of the state, county, municipal corporation, or any public board or body thereof which is doing the public work; (4) The name and address of the surety for the performance and payment bonds, if any; and

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(5) The name and address of the holder of the security deposit provided, if any, pursuant to subparagraph (b)(2)(B) of Code Section 13-10-1. (g) The failure to file a Notice of Commencement under subsection (f) of this Code section shall render the Notice to Contractor requirements of paragraph (2) of subsection (b) of this Code section inapplicable. (h) The clerk of each superior court shall file the Notice of Commencement within the records of that office and maintain an index separate from other real estate records or an index with the preliminary notices specified in subsection (a) of Code Section 44-14-361.3. Each such Notice of Commencement shall be indexed under the name of the state, county, municipal corporation, or other public board or body and the contractor as contained in the Notice of Commencement. Section 2. This Act shall become effective January 1, 1994. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1993. MECHANICS AND MATERIALMEN'S LIENS NOTICE OF LIEN RIGHTS. Code Section 44-14-361.5 Enacted. No. 493 (House Bill No. 544). 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 provide for certain notice of

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lien rights; to provide that a person who furnishes labor, services, or materials for the improvement of property but who does not have privity of contract with the contractor shall be required to file a written Notice to Contractor in order to preserve certain lien rights; to provide that not later than 15 days after the contractor commences work on property, the owner, the agent of the owner, or the contractor shall be required to file a Notice of Commencement with the clerk of the superior court in the county where the project is located; to provide that a Notice of Commencement shall contain certain information; to provide that the Notice of Commencement shall be distributed to certain subcontractors, materialmen, and other persons; to require the Notice to Contractor to contain certain information and to be distributed to certain persons; to provide for the effect of the failure to file a Notice of Commencement; to provide for the applicability of filing a Notice of Commencement with respect to title to the real property, other liens, loans, and future advances under loans; to provide for applicability with respect to Code Section 44-14-361.2; to require the clerk of the superior court to keep certain records of Notices of Commencement; 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 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mechanics and materialmen's liens, is amended by adding between Code Section 44-14-361.4 and Code Section 44-14-362 a new Code Section 44-14-361.5 to read as follows: 44-14-361.5. (a) To make good the liens specified in paragraphs (1), (2), and (6) through (9) of subsection (a) of Code Section 44-14-361, any person having a right to a lien who does not have privity of contract with the contractor and is providing labor, services, or materials for the improvement of property shall, within 30 days from the filing of the Notice of Commencement or 30 days following the first delivery of labor, services, or materials to the property, whichever is later, give a written Notice to Contractor as set out in subsection (c) of this Code section to the owner or the agent

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of the owner and to the contractor for a project on which there has been filed with the clerk of the superior court a Notice of Commencement setting forth therein the information required in subsection (b) of this Code section. (b) Not later than 15 days after the contractor physically commences work on the property, a Notice of Commencement shall be filed by the owner, the agent of the owner, or by the contractor with the clerk of the superior court in the county in which the project is located. A copy of the Notice of Commencement shall be posted on the project site. The Notice of Commencement shall include: (1) The name, address, and telephone number of the contractor; (2) The name and location of the project being constructed and the legal description of the property upon which the improvements are being made; (3) The name and address of the true owner of the property; (4) The name and address of the person other than the owner at whose instance the improvements are being made, if not the true owner of the property; (5) The name and the address of the surety for the performance and payment bonds, if any; and (6) The name and address of the construction lender, if any. The owner, the agent of the owner, or the contractor shall be required to give a copy of the Notice of Commencement to any subcontractor, materialman, or person who makes a written request of the owner, the agent of the owner, or the contractor. Failure to give a copy of the Notice of Commencement within ten calendar days of receipt of the written request from the subcontractor, materialman, or person shall render the provision of this Code section inapplicable to the subcontractor, materialman, or person making the request.

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(c) A Notice to Contractor shall be given to the owner or the agent of the owner and to the contractor at the addresses set forth in the Notice of Commencement setting forth: (1) The name, address, and telephone number of the person providing labor, services, or materials; (2) The name and address of each person at whose instance the labor, services, or materials are being furnished; (3) The name of the project and location of the project set forth in the Notice of Commencement; and (4) A description of the labor, services, or materials being provided and, if known, the contract price or anticipated value of the labor, services, or materials to be provided or the amount claimed to be due, if any. (d) The failure to file a Notice of Commencement shall render the provisions of this Code section inapplicable. The filing of a Notice of Commencement shall not constitute a cloud, lien, or encumbrance upon or defect to the title of the real property described in the Notice of Commencement, nor shall it alter the aggregate amounts of liens allowable, nor shall it affect the priority of any loan in which the property is to secure payment of the loan filed before or after the Notice of Commencement, nor shall it affect the future advances under any such loan. Nothing contained in this Code section shall affect the provisions of Code Section 44-14-361.2. (e) The clerk of each superior court shall file the Notice of Commencement within the records of that office and maintain an index separate from other real estate records or an index with the preliminary notices specified in subsection (a) of Code Section 44-14-361.3. Each such Notice of Commencement shall be indexed under the name of the true owner and the contractor as contained in the Notice of Commencement.

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Section 2. This Act shall become effective January 1, 1994. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1993. AD VALOREM TAXATION HEAVY-DUTY EQUIPMENT USED FOR CONSTRUCTION, OWNED BY NONRESIDENT, AND OPERATED IN GEORGIA AFTER JANUARY 1; DEFINITIONS. Code Sections 48-5-440, 48-5-500, and 48-5-501 Amended. No. 494 (House Bill No. 547). AN ACT To amend Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles and mobile homes, so as to provide that certain heavy-duty equipment used for construction purposes which is owned by a nonresident and operated in this state after January 1 of any year and which was brought into Georgia from a state which subjects to taxation heavy-duty equipment owned by residents of this state and taken into such other state after the initial tax assessment date in such other state shall be subject to ad valorem taxation the same as if such heavy-duty equipment had been held or owned in this state on January 1, except that such ad valorem tax shall be prorated with respect to the number of months remaining in the year; to define certain terms; to provide for applicability; to provide the authority for this Act; 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 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles and mobile homes, is amended by striking in its entirety paragraph (3) of Code Section 48-5-440, relating to definitions used in said article, and inserting in lieu thereof a new paragraph (3) to read as follows: (3) `Motor vehicle' means a vehicle which is designed primarily for use upon the public roads. Such term shall not include heavy-duty equipment as defined in paragraph (2) of Code Section 48-5-500 which is owned by a nonresident and operated in this state. Section 2. Said article is further amended by striking Part 4 in its entirety and inserting in lieu thereof a new Part 4 to read as follows: Part 4 48-5-500. As used in this part, the term: (1) `Construction purposes' does not include mining activities or the transportation of materials used in or produced by forestry activities. (2) `Heavy-duty equipment' means any motor vehicle used primarily off the open road for construction purposes, but shall include all road construction equipment whose gross weight exceeds 16,000 pounds, but shall not include inventory on hand for sale by duly licensed heavy-duty equipment dealers. 48-5-501. Except as exempted by law, heavy-duty equipment used for construction purposes which is owned by a nonresident and operated in this state after January 1 of any year and which was brought into Georgia from a state which subjects to taxation heavy-duty equipment owned by residents of this state and taken into such other state after the initial tax assessment date in such other state shall be subject to ad valorem taxation the same as if such heavy-duty equipment had been held or owned in this state on January 1, except that such ad valorem tax shall be prorated

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with respect to the number of months remaining in the year. Section 3. This Act is passed pursuant to Article VII, Section I, Paragraph III of the Constitution of the State of Georgia which provides that heavy-duty equipment motor vehicles owned by nonresidents and operated in this state may be classified as a separate class of property for ad valorem property tax purposes and different rates, methods, and assessment dates may be provided for such motor vehicles and which authorizes the General Assembly to provide by general law for the ad valorem taxation of motor vehicles. Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to heavy-duty equipment brought into this state after such effective date during the 1993 taxable year. Section 5. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1993. HEALTH INDIGENT CARE TRUST FUND; DEFINITION; DEPOSIT OF MONEYS INTO THE FUND. Code Title 31, Chapter 8, Article 6 Amended. No. 495 (House Bill No. 569). AN ACT To amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to indigent and elderly patients, so as to change a definition relating to the Indigent Care Trust Fund; to provide for crediting to the fund of amounts dedicated or transferred thereto; to provide for transfers of moneys to the fund and the validity, irrevocability, and conditionality thereof; to provide for the dedication and deposit of revenues into the

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fund; to provide that certain moneys in the fund or appropriation therefrom will not lapse; to change the purposes for which appropriations may be made from the fund; to provide for rules to establish the purposes for which contributions and transfers to the fund may be made; to provide for contracts and other instruments; to require that certain funds appropriated to the department be used to match federal funds; to change what may be appropriated from the trust fund and prevent the lapse of such appropriations; to provide for refunds; 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 31 of the Official Code of Georgia Annotated, relating to indigent and elderly patients, is amended by striking Article 6 thereof, relating to the Indigent Care Trust Fund, and inserting in its place a new article to read as follows: ARTICLE 6 31-8-150. This article is passed pursuant to the authority of Article III, Section IX, Paragraph VI(i) of the Constitution. 31-8-151. As used in this article, the term: (1) `Department' means the Department of Medical Assistance created by Code Section 49-4-142. (2) `Medically indigent' means a person who meets the state-wide standards of indigency adopted by the department for the purposes of this article. (3) `Trust fund' means the Indigent Care Trust Fund created by Code Section 31-8-152. 31-8-152. There is created the Indigent Care Trust Fund as a separate fund in the state treasury. The director of the Fiscal Division of the Department of Administrative Services shall credit to the trust fund all amounts dedicated,

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transferred, or contributed to such trust fund and shall invest the trust fund moneys in the same manner as authorized for investing other moneys in the state treasury. 31-8-153. After June 30, 1990, any hospital, hospital authority, county, municipality, or other person or entity is authorized to contribute to the trust fund. The contribution of public funds to the trust fund shall be a valid public purpose for which those funds may be expended. Contributions to the trust fund shall be irrevocable and shall not include any limitation upon the use of such contributions except as permitted in this article or by the department. 31-8-153.1. After June 30, 1993, any hospital authority, county, municipality, or other state or local public or governmental entity is authorized to transfer moneys to the trust fund. Transfer of funds under the control of a hospital authority, county, municipality, or other state or local public or governmental entity shall be a valid public purpose for which those funds may be expended. Such transfers shall be irrevocable and shall be used only for the purposes contained in Code Section 31-8-154. 31-8-153.2. The General Assembly may provide for the dedication and deposit of revenues raised from specified sources into the trust fund. 31-8-153.3. Contributions and revenues deposited and transferred to the trust fund shall not lapse to the general fund at the end of the fiscal year. 31-8-154. All moneys contributed and revenues deposited and transferred to the trust fund pursuant to this article and any interest earned on such moneys shall be appropriated to the department for only the following purposes: (1) To expand Medicaid eligibility and services; (2) For programs to support rural and other health care providers, primarily hospitals, who serve the medically indigent;

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(3) For primary health care programs for medically indigent citizens and children of this state; or (4) Any combination of purposes specified in paragraphs (1) through (3) of this Code section. 31-8-155. (a) The department shall establish by rules the purposes for which contributions and transfers to the trust fund may be made. Such purposes shall be consistent with the purposes contained in Code Section 31-8-154. Those rules shall be promulgated by the Board of Medical Assistance pursuant to Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' notwithstanding any exclusion or exemption otherwise provided in that chapter. (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. (c) The department may make and execute contracts, agreements, and other instruments for the purpose of facilitating transfers to the trust fund. (d) The department shall establish the manner of disbursement of any funds appropriated to it pursuant to this article. 31-8-156. (a) The General Assembly is authorized to appropriate as state funds to the department for use in any fiscal year not less than all of the moneys contributed and revenues deposited and transferred to the fund and interest earned thereon. Such appropriation shall be made only for those purposes specified in Code Section 31-8-154, and any other appropriation from the trust fund shall be void. (b) An appropriation pursuant to subsection (a) of this Code section shall specify each purpose, if any, as specified in paragraphs (1) through (4) of Code Section 31-8-154, for which the trust funds are appropriated thereby. (c) Funds appropriated to the department pursuant to this Code section shall be used to match federal funds which

Page 1018

are available for the purposes for which those trust funds have been appropriated. (d) Appropriations from the trust fund to the department shall be used to supplement and not replace any other state funds appropriated to the department. (e) Appropriations from the trust fund to the department, except as provided in Code Sections 31-8-157 and 31-8-158, shall not lapse to the general fund at the end of the fiscal year. 31-8-157. All contributions to the trust fund and interest earned thereon which have been appropriated but which: (1) Were void because of having been appropriated in violation of Code Section 31-8-156; (2) Remain unexpended and not contractually obligated at the end of the fiscal year for which they were appropriated; or (3) Are determined by the department to be ineligible for anticipated federal matching funds shall be returned to the trust fund and shall not lapse but shall be refunded pro rata to the contributors thereof. The Office of Planning and Budget shall determine the amount required to be refunded and the pro rata distribution thereof within 60 days following the end of each fiscal year or, when the department has made a determination pursuant to paragraph (3) of this Code section, within 60 days after that determination. The amount so determined shall be refunded by the director of the Fiscal Division of the Department of Administrative Services within 60 days following that determination. 31-8-158. Moneys transferred to the trust fund and interest earned thereon which have not been appropriated by the end of the fiscal year or which have been appropriated but have been determined to be:

Page 1019

(1) Void because of having been appropriated in violation of Code Section 31-8-156; (2) Ineligible for anticipated federal matching funds; (3) Subject to return pursuant to any rule promulgated under Code Section 31-8-155; or (4) Void because of violation of the terms of a contract, agreement, or other instrument executed pursuant to subsection (c) of Code Section 31-8-155 shall be returned to the trust fund and refunded pro rata to the entities responsible for transfer. The refund shall be made by the director of the Fiscal Division of the Department of Administrative Services no less than 30 days following the end of the fiscal year or such a determination by the department, as applicable. 31-8-159. The department shall annually report to the General Assembly on its use of trust funds appropriated to the department pursuant to this article. 31-8-160. Except where inconsistent with this article, the provisions of Article 7 of Chapter 4 of Title 49, the `Georgia Medical Assistance Act of 1977,' shall apply to the department in carrying out the purposes of this article. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1993. HEALTH HOSPITAL AUTHORITIES LAW; MERGER OF AUTHORITIES; PRACTICES AND PROCEDURES; OPEN RECORDS AND MEETINGS. Code Section 31-7-72.1 Enacted. Code Section 31-7-75.2 Amended. No. 496 (House Bill No. 689). AN ACT To amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, the Hospital Authorities Law, so as to provide for the merger of certain hospital authorities and the terms, conditions, and effects of such merger; to provide for reactivating certain hospital authorities; to provide for vacancies; to provide that in the exercise of certain powers, hospital authorities are acting pursuant to state policy and shall be immune from antitrust liability to the same extent as the state; to require certain hospitals which receive certain public funds to comply with certain laws relating to open meetings and open records; to exempt certain potentially commercially valuable information; to exempt certain competitively advantageous information; 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, the Hospital Authorities Law, is amended by adding immediately following Code Section 31-7-72 a new Code section to read as follows:

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31-7-72.1. (a) A hospital authority activated for a county pursuant to Code Section 31-7-73 may be merged with a hospital authority activated for that county under Code Section 31-7-72 upon compliance with this Code section and approval by resolution of the governing authority of the county in which the authorities are located. A majority of the board of each such hospital authority must approve such merger by a resolution which is adopted by each such board and is filed with the department. That resolution shall set forth: (1) The name of each hospital authority planning to merge and the name of the surviving hospital authority into which each plans to merge; and (2) The terms and conditions of the planned merger. (b) The merger authorized by subsection (a) of this Code section shall not become effective until the governing authority of the county of operation of the merging hospitals appoints the members of the board of the surviving hospital authority by proper resolution and files copies of such resolution with the department. The governing authority is not required but is authorized to appoint as a member of the surviving hospital authority any member of a hospital authority planning to merge. The board of the surviving hospital shall consist of not more than 15 members with initial appointments for such staggered terms as provided in the resolution of the county governing authority. Appointments to fill vacancies for either an unexpired or full term shall thereafter be filled as authorized for an authority under subsection (c) of Code Section 31-7-72. The surviving hospital authority shall be in all other respects a hospital authority created under Code Section 31-7-72. (c) A county whose hospital authorities have merged under the authority of this Code section shall not thereafter be prohibited from activating a hospital authority under Code Section 31-7-73. (d) When a merger under this Code section takes effect:

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(1) Each hospital authority party to the merger merges into the surviving hospital authority and the separate existence of each such hospital authority except the surviving hospital authority ceases; (2) The ownership of and authority to operate the hospitals owned by each hospital authority and, the title to all real estate and other property owned by each hospital authority party to the merger is vested in the surviving hospital authority without reversion or impairment subject to any and all conditions to which the property was subject prior to the merger; (3) The surviving hospital authority has all liabilities and obligations of each hospital authority party to the merger; and (4) A proceeding pending against any hospital authority party to the merger may be continued as if the merger did not occur or the surviving hospital authority may be substituted in the proceeding for the hospital authority whose existence ceased. (e) It is declared by the General Assembly of Georgia that in the exercise of the power specifically granted to them by this Code section, hospital authorities are acting pursuant to state policy and shall be immune from antitrust liability to the same degree and extent as enjoyed by the State of Georgia. Section 2. Said article is further amended by striking Code Section 31-7-75.2, relating to exemptions from disclosure requirements for a potentially commercially valuable plan, proposal, or strategy, in its entirety and inserting in lieu thereof the following: 31-7-75.2. Notwithstanding any other provision of law to the contrary, no hospital authority shall be required by Chapter 14 of Title 50 or Article 4 of Chapter 18 of Title 50 to disclose or make public any potentially commercially valuable plan, proposal, or strategy that may be of competitive advantage in the operation of the authority or its medical

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facilities and which has not been made public. This exemption shall terminate at such time as such plan, proposal, or strategy has either been approved or rejected by the hospital authority governing board. Except as provided in this Code section or as otherwise provided by law, hospital authorities shall comply with the provisions of Chapter 14 of Title 50 and Article 4 of Chapter 18 of Title 50. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1993. REGULATION OF LANDSCAPE ARCHITECTSGEORGIA BOARD OF LANDSCAPE ARCHITECTS; QUALIFICATIONS FOR LICENSURE AND EXAMINATION; CONTINUING EDUCATION; FIRMS; ADS; EXCEPTIONS. Code Sections 43-23-2, 43-23-7, 43-23-14, and 43-23-17 Amended. Code Section 43-23-7.1 Enacted. No. 497 (House Bill No. 714). AN ACT To amend Chapter 23 of Title 43 of the Official Code of Georgia Annotated, relating to landscape architects, so as to change the provisions relating to membership of the Georgia Board of Landscape Architects; to provide for an additional member; to provide for terms; to change the provisions relating to qualifications of applicants for licensure as landscape architects; to provide a requirement for continuing education for licensure and the practices and procedures connected therewith; to change the provisions relating to practice of landscape architecture by corporations and partnerships and provide regulations for practice by other entities; to provide for requirements related to advertising and listings; to change the provisions relating

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to exemptions from the operation of such chapter of landscape contractors; to provide for other matters relating to landscape architecture; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 23 of Title 43 of the Official Code of Georgia Annotated, relating to landscape architects, is amended by striking subsection (a) of Code Section 43-23-2, relating to creation and membership of the Georgia Board of Landscape Architects, and inserting in lieu thereof a new subsection (a) to read as follows: (a) The Georgia Board of Landscape Architects is created and shall be under the jurisdiction of the Secretary of State and the joint-secretary. The board shall be composed of five members, each of whom shall be appointed by the Governor. Four of the five members shall be licensed landscape architects who shall be residents of this state and actively engaged in the practice of landscape architecture. The fifth member of the board shall be a resident of this state and shall have no connection whatsoever with the practice of landscape architecture. The four members of the board in office on July 1, 1993, shall serve the remainder of their terms of office, as provided by the law under which each was appointed. The additional member to be added to the board in 1993 shall be appointed for an initial term of four years. Upon the expiration of each member's term of office, a successor shall be appointed for a term of four years, and all succeeding appointments made under this subsection shall be for four-year terms. Section 2. Said chapter is further amended by striking Code Section 43-23-7, relating to qualifications for licensure and examinations, and inserting in lieu thereof a new Code Section 43-23-7 to read as follows: 43-23-7. (a) Each applicant for initial licensure as a landscape architect shall:

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(1) Be at least 18 years of age; (2) Hold a Bachelor of Landscape Architecture degree or a Bachelor of Science degree in landscape architecture from a college or school of landscape architecture, from a college or school of landscape architecture, environmental design, or its equivalent approved by the board; and (3) (A) Have at least 18 months of training in the actual practice of landscape architecture as may be approved by the board, provided that at least one year of such actual practice shall be subsequent to receiving such undergraduate degree; or (B) Have earned a postgraduate degree in landscape architecture from a college or school of landscape architecture or environmental design approved by the board. (b) Persons who, on July 1, 1993, held licenses as landscape architects issued under the laws of this state shall not be required to obtain additional licenses under this chapter but shall otherwise be subject to all applicable provisions of this chapter, including those pertaining to renewal of such license; and such licensee shall be considered licensed for all purposes under this chapter and subject to the provisions hereof. (c) The applicant for initial licensure must have passed a written examination generally covering the matters confronting landscape architects, provided that persons holding a Bachelor of Landscape Architecture degree or a Bachelor of Science of Landscape Architecture degree in landscape architecture from approved colleges or schools of landscape architecture, environmental design, or their equivalent shall be permitted to take such examination upon furnishing proof of completion of the 18 months' experience requirement or the educational equivalent and proof of their graduation to the board. The examination shall cover such matters as are reasonably calculated to test the knowledge and skill of the applicant in the field of landscape architecture. Failure to pass

Page 1026

the examination shall be grounds for denial of a license without a further hearing. Section 3. Said chapter is further amended by adding, following Code Section 43-23-7, a new Code Section 43-23-7.1 to read as follows: 43-23-7.1. (a) The board shall be authorized to require persons holding a license under this chapter to complete board approved continuing education of six hours per year. The board shall be authorized to approve courses offered by institutions of higher learning, specialty societies, or professional organizations. (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. (c) The board shall be authorized to promulgate rules and regulations to implement and ensure compliance with the requirements of this Code section. Section 4. Said chapter is further amended by striking Code Section 43-23-14, relating to the practice of landscape architecture by corporations and partnerships, and inserting in lieu thereof a new Code Section 43-23-14 to read as follows: 43-23-14. Any partnership, firm, or corporation may engage in the practice of landscape architecture, as defined in this chapter, provided that any service which constitutes the practice of landscape architecture shall be supervised by a duly licensed landscape architect who shall be responsible for the services furnished by the partnership, firm, or corporation which would otherwise fall within the purview of this chapter. In no event shall the other members of the partnership, firm, or corporation be designated or described as landscape architects if they are not so licensed; and the term landscape architect or any abbreviation thereof or any other designation which conveys the meaning of landscape architect shall not appear in any partnership, firm, or corporate name in which any person is identified who is in fact not a

Page 1027

licensed landscape architect. Upon approval of the board, any partnership, firm, or corporation may operate branch offices in this state to provide landscape architectural services, provided that each branch office has a resident landscape architect licensed under this chapter. All classified directory listings, advertisements, signs, and broadcast commercials, except letterheads and business cards, of corporations, firms, or partnerships offering landscape architectural services shall include the name and license number of a duly licensed landscape architect providing such services. Section 5. Said chapter is further amended by striking Code Section 43-23-17, relating to exceptions to the operation of the chapter, and inserting in lieu thereof a new Code Section 43-23-17 to read as follows: 43-23-17. (a) Except as otherwise provided in this chapter, this chapter shall not apply to: (1) A contractor engaging in the business of or acting in the capacity of a contractor or landscape contractor in this state, provided that he or she is the prime contractor for the installation of his or her design. A contractor or landscape contractor may not perform design services without also performing the installation of said design; (2) Any person whose services are offered solely as a gardener or nurseryman; (3) Any person qualified by training or experience or by both training and experience whose services are offered solely as a municipal, regional, or urban planner; or (4) Any person employed by a state agency, county, or municipality who engages in the business of or acts in the capacity of a landscape architect, insofar as such acts are performed in the course of employment with the respective governmental entity on lands owned by the jurisdiction by which employed.

Page 1028

(b) None of the persons mentioned in subsection (a) of this Code section shall use the title `landscape architect' without complying with this chapter. Section 6. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1993. CONTRACTS FEDERAL MANUFACTURER'S TAXES; PAYMENTS; RIGHT TO SECURITY UNDER CONTRACTS. Code Section 13-4-43 Enacted. No. 498 (House Bill No. 797). AN ACT To amend Article 3 of Chapter 4 of Title 13 of the Official Code of Georgia Annotated, relating to payments under contracts, so as to provide for the right for a party paying certain federal manufacturer's taxes under contract to have an option to time those payments to precede immediately the other party's requirement to remit such taxes to the Internal Revenue Service; to provide a method for exercising such option; to provide for a right to security under contracts for payment of such taxes; to provide for applicability to certain contracts; to provide for construction; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 3 of Chapter 4 of Title 13 of the Official Code of Georgia Annotated, relating to payments under contracts, is amended by adding a new Code section immediately following Code Section 13-4-42, relating to the appropriation of payments, to be designated as Code Section 13-4-43, to read as follows:

Page 1029

13-4-43. (a) When a contract calls for one party to reimburse the other party for the federal manufacturer's excise tax levied by Part III of Subchapter A of Chapter 32 of the United States Internal Revenue Code, whether as a separate item or as part of the price, there shall exist for the party making the reimbursement a contractual right relating to the timing of that payment which can be invoked at the option of such party as provided in subsection (b) of this Code section. (b) The party making the reimbursement shall not be required to tender payment for such taxes more than one business day prior to the time that the other party is required to remit such taxes to the United States Internal Revenue Service. (c) Should a party choose to exercise the option provided in subsections (a) and (b) of this Code section, the other party may demand security for the payment of the taxes in proportion to the amount such taxes represent compared to the security demanded on the contract as a whole. Such party, however, may not change the other payment terms of the contract without a valid business reason other than to exercise the option as provided in subsections (a) and (b) of this Code section except to require the payment of such taxes under such option to be made by electronic transfer of funds. (d) The party exercising the option set out in subsections (a) and (b) of this Code section shall notify the other party in writing of the intent to exercise such payment option and the effective date of the exercise which shall be no earlier than 30 days after the notice of intent is received or the beginning of the next federal tax quarter, whichever is later. (e) This Code section shall apply to all contracts now in effect which have no expiration date and are continuing contracts and to all other contracts entered into or renewed after July 1, 1993. Any contract in force and effect on July 1, 1993, which, by its own terms will terminate on a date subsequent

Page 1030

thereto, shall be governed by the law as it existed prior to July 1, 1993. (f) The option set out in subsections (a) and (b) of this Code section shall not be construed to impair the obligations arising under any contract executed prior to July 1, 1993. Should the option set out in subsections (a) and (b) of this Code section be exercised, it shall not relieve such party of the obligation to make the reimbursement as provided for in the contract but shall affect only the timing of when that reimbursement must be tendered. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1993. AUCTIONS ABSOLUTE AUCTION AND AUCTION WITH RESERVE DEFINED; GEORGIA AUCTIONEERS COMMISSION; ETHICS CODE; LICENSING; QUALIFICATIONS; APPRENTICES; RECIPROCITY; REVOCATION AND SUSPENSION OF LICENSES; INSPECTOR; EXEMPTIONS. Code Title 43, Chapter 6 Revised. Code Sections 43-6-18.1 and 43-6-24.1 Enacted. No. 499 (House Bill No. 826). AN ACT To amend Chapter 6 of Title 43 of the Official Code of Georgia Annotated, relating to auctioneers, so as to provide for definitions; to provide for the nonissuance and nonrenewal of licenses of apprentice auctioneers; to authorize the Georgia Auctioneers Commission to adopt a code of ethics; to change the qualifications for license applicants; to change reciprocity and nonresident licensing requirements; to change the grounds for revocation and suspension of licenses and censure of licensees; to

Page 1031

provide for a full-time inspector for such commission; to change certain provisions regarding applicability; to provide that certain liabilities shall not be relieved; 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 43-6-1 relating to definitions, and inserting in its place a new Code Section 43-6-1, to read as follows: 43-6-1. As used in this chapter, the term: (1) `Absolute auction' shall mean that ownership and title of real or personal property offered at auction must be conveyed to the high bidder without reservation and without any competing bids of any type by the owner or an agent of the owner of the property. (2) `Apprentice auctioneer' means any person who for compensation or valuable consideration, or otherwise, is employed, directly or indirectly, by an auctioneer to deal or engage in any auctioning activity and who is duly licensed under this chapter or any person who is not employed by an auctioneer and who conducts the business of auctioning in cases where gross sales do not exceed $2,000.00 per auction and who is duly licensed under this chapter. (3) `Auction business' or `business of auctioning' means the performing of any of the acts of an auctioneer or apprentice auctioneer, including bid calling for a fee, commission, or any other valuable consideration or with the intention or expectation of receiving the same by means of or by process of an auction or sale at auction or offering, negotiating, or attempting to negotiate a listing contract for the sale, purchase, or exchange of goods, chattels, merchandise, real or personal property, or any other commodity which lawfully may be kept or offered for sale.

Page 1032

(4) `Auction with reserve' shall mean that the seller reserves the right to refuse any and all bids. (5) `Auctioneer' means any person who, for a fee, commission, or any other valuable consideration or with the intention or expectation of receiving the same by means of or by process of an auction or sale at auction, offers, negotiates, or attempts to negotiate a listing contract, sale, purchase, or exchange of goods, chattels, merchandise, real or personal property, or any other commodity which lawfully may be kept or offered for sale and has been duly licensed, as provided in this chapter. (6) `Commission' means the Georgia Auctioneers Commission. (7) `Company' means an association, partnership, corporation, or sole proprietorship and shall also include the officers, directors, and employees of such entities. (8) `Goods' means any chattel, goods, merchandise, real or personal property, or commodities of any form or type which lawfully may be kept or offered for sale. (9) `Person or persons' means an individual. Section 2. Said chapter is further amended by striking Code Section 43-6-7, relating to rules and regulations of the Georgia Auctioneers Commission, and inserting in its place a new Code Section 43-6-7 to read as follows: 43-6-7. The commission is authorized to adopt rules and regulations relating to the professional conduct of licensees, a code of ethics, and the administration of this chapter. Such rules and regulations shall not apply to and shall not set schedules of fees or commissions for the services of the licensees. Section 3. Said chapter is further amended by striking subsection (d) of Code Section 43-6-11, relating to qualifications of applicants, ad inserting in its place new subsections (d) and (d.1) to read as follows:

Page 1033

(d) Each applicant for licensure as an auctioneer shall have successfully graduated from an accredited high school or obtained a GED and have graduated from an auctioneers school approved by the commission. (d.1) On and after December 31, 1995, no apprentice auctioneer's license shall be issued or renewed. Section 4. Said chapter is further amended by striking subsections (a) and (b) of Code Section 43-6-12, relating to reciprocity and nonresident license requirements, and inserting in its place new subsections (a) and (b), respectively, to read as follows: (a) Any resident of another state 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 the fees as required by the commission. (b) Any resident of another state which does not have a law regulating the licensing of auctioneers but who holds a current and valid license in a state which has a reciprocal licensing agreement with Georgia may, at the discretion of the commission, be issued a license to practice as an auctioneer in this state without examination upon the payment of a fee as required by the commission. Section 5. Said chapter is further amended by striking Code Section 43-6-18, relating to revocation and suspension of licenses and censure of licensees, and inserting in its place a new Code Section 43-6-18, to read as follows: 43-6-18. The commission may, upon its own motion, and shall, upon the sworn complaint in writing of any person, investigate the actions of any auctioneer or apprentice auctioneer and shall have power to censure such licensee or to revoke or suspend any license issued under this chapter whenever such license has been obtained by false or fraudulent

Page 1034

representation or the licensee has been found guilty of any unfair trade practices, including, but not limited to, the following: (1) Making any substantial misrepresentation; (2) Pursuing a continued and flagrant course of mis-representation or making false promises through agents or advertising an auction to be an absolute auction, but conducting it as an auction with reserve or otherwise; (3) Failing to account for or remit, within a reasonable time, any money belonging to others that comes into his possession, commingling funds of others with his own, or failing to keep such funds of others in an escrow or trustee account; provided, however, that the requirement of an escrow or trust account shall not apply to an apprentice auctioneer who conducts the business of auctioning where gross sales do not exceed $2,000.00 per auction; (4) Being convicted in a court of competent jurisdiction of this or any other state of a criminal offense involving moral turpitude or a felony; (5) Violation of any rule or regulation or code of ethics promulgated by the commission; (6) Any conduct of any auctioneer which demonstrates bad faith, dishonesty, incompetency, or untruthfulness; or (7) Any conduct of an auctioneer which demonstrates improper, fraudulent, or dishonest dealings. Section 6. Said chapter is further amended by redesignating Code Section 43-6-18.1, relating to sanctions, as Code Section 43-6-18.2 and by adding a new Code Section 43-6-18.1 to read as follows: 43-6-18.1. The commission shall have a full-time inspector with full inspection rights and privileges for all auctions

Page 1035

conducted in this state. This inspector shall have the right to inspect any activity or lack thereof which may be a violation of this chapter and to report any and all such violations or any improper or unlicensed practice, including but not limited to trust account violations. Section 7. Said chapter is further amended by striking Code Section 43-6-24, relating to applicability, which reads as follows: 43-6-24. Except as otherwise provided in this chapter, this chapter shall not apply to any person acting as a receiver, trustee in bankruptcy, guardian, administrator, or executor, or any such person acting under order of any court, nor to attorneys at law licensed by this state; nor shall this chapter apply to a trustee acting under a trust agreement, deed of trust, or will; nor shall this chapter apply to sales at auction conducted by or under the direction of any public authority or state or governmental agency, or pursuant to any judicial order or decree, provided that such auction is conducted by an officer or full-time employee of said public authority or state or governmental agency. This chapter shall not apply to any sale at auction if the proceeds of such sale are to be used exclusively for charitable purposes. This chapter shall not apply to any person who is acting as an auctioneer in the auction of his own property, either personal or real, provided that such property is the personal or real property of said person and has not been purchased with the intent of auctioning for a profit. This chapter shall not apply to any person acting as an auctioneer in the auction of livestock, forest products, or farm products in an auction facility which is licensed and bonded under the provisions of Article 3 of Chapter 6 of Title 4 or in an auction facility which is licensed under Code Section 10-4-101., and inserting in its place a new Code Section 43-6-24 to read as follows: 43-6-24. Except as otherwise provided in this chapter, this chapter shall not apply to any person acting as a receiver, trustee in bankruptcy, administrator, executor, or any such person acting under order of any court. This chapter

Page 1036

shall not apply to any nonprofit organization conducting an auction where the funds are to be used in a way as to benefit persons with physical or mental disabilities or disorders or for research related to cures or prevention of such disabilities or disorders, or shall this chapter apply to any auction conducted by a nonprofit organization where the funds are to be used for the preservation of wildlife or its habitats whether conducted by a licensed auctioneer or nonlicensed auctioneer so long as the nonprofit organization obtains a letter of exemption from the commission. This chapter shall not apply to any person acting as an auctioneer in the auction of livestock, forest products, or farm products in an auction facility which is licensed and bonded under the provisions of Article 3 of Chpater 6 of Title 4 or in an auction facility which is licensed under Code Section 10-4-101 or to any youth livestock auction, sponsored by a 4-H club or the Future Farmers of America; provided, however, that such organization or agency must first obtain from the commission a letter of exemption. This chapter shall not apply to students of approved auctioneering schools during the term of their course of study. Section 8. Said chapter is further amended by adding a new Code section immediately following Code Section 43-6-24, to be designated Code Section 43-6-24.1, to read as follows: 43-6-24.1. Nothing in this chapter shall relieve an auctioneer licensed in this state of all his or her liabilities under this chapter. Section 9. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1993.

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GEORGIA LOTTERY SETOFF DEBT COLLECTION FROM LOTTERY PRIZES; LIENS; INTERPLEADER ACTIONS; PRIORITY; RULES; IMMUNITY; CONFIDENTIALITY; APPLICABILITY. Code Section 50-27-24 Amended. Code Title 50, Chapter 27, Article 2 Enacted. No. 500 (Senate Bill No. 104). AN ACT To amend Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Lottery for Education, so as to provide for setoff debt collection with respect to lottery prizes; to change certain provisions regarding restrictions on prizes; to provide for legislative purposes; to provide for definitions; to provide that any claimant agency may submit to the Georgia Lottery Corporation a list of the names of persons owing debts to such claimant agency or to persons on whose behalf the claimant agency is acting; to provide limits for such debts; to provide that the provision of any sucj list shall constitute a valid claim of lien against the lottery winnings of any person named in the list; to authorize the Georgia Lottery Corporation to withhold any winnings so liened and to pay the same over to the lienor; to provide that the Georgia Lottery Corporation shall incur no liability for withholding and paying over such amounts in good faith; to provide for certain notices; to provide for the ranking of liens; to provide that the corporation shall not be required to deduct claimed debts from prizes paid out by retailers or other entities other than the corporation; to provide that lists of debts shall be provided periodically; to authorize the corporation to prescribe forms and to promulgate rules and regulations to carry out this Act; to provide that the Georgia Lottery Corporation be reimbursed for costs; to provide confidentiality exceptions; to prohibit certain disclosures; to limit application of this Act to prizes of $5,000.00 or more; 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:

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Section 1. Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Lottery for Education, is amended by striking subsection (b) of Code Section 50-27-24, relating to restrictions regarding prizes, and inserting in its place a new subsection (b) to read as follows: (b) Except as otherwise provided in Article 2 of this chapter, attachments, garnishments, or executions authorized and issued pursuant to law shall be withheld if timely served upon the corporation. This subsection shall not apply to a retailer. Section 2. Said chapter is further amended by designating the existing provisions of said chapter as Article 1 and by adding a new article at the end thereof, to be designated Article 2, to read as follows: ARTICLE 2 50-27-50. The purpose of this article is to establish a policy and to provide a system whereby all claimant agencies of this state in conjunction with the corporation shall cooperate in identifying debtors who owe money to the state through its various claimant agencies or to persons on whose behalf the state and its claimant agencies act and who qualify for prizes under Article 1 of this chapter from the corporation. It is also the purpose of this article to establish procedures for setting off against any such prize the sum of any debt owed to the state or to persons on whose behalf the state and its claimant agencies act. It is the intent of the General Assembly that this article be liberally construed to effectuate these purposes. 50-27-51. As used in this article, the term: (1) `Claimant agency' means any state agency, department, board, bureau, commission, or authority to which an individual owes a debt or which acts on behalf of an individual to collect a debt. (2) `Debt' means any liquidated sum due and owing any claimant agency, which sum has accrued through

Page 1039

contract, subrogation, tort, or operation of law regardless of whether there is an outstanding judgment for the sum, or any sum which is due and owing any person and is enforceable by the state or any of its agencies or departments. (3) `Debtor' means any individual owing money to or having a delinquent account with any claimant agency, which obligation has not been adjudicated as satisfied by court order, set aside by court order, or discharged in bankruptcy. (4) `Prize' means the proceeds of any lottery prize awarded under Article 1 of this chapter. 50-27-52. The collection remedy authorized by this article is in addition to and not in substitution for any other remedy available by law. 50-27-53. (a) Any claimant agency may submit to the corporation a list of the names of all persons owing debts in excess of $100.00 to such claimant agency or to persons on whose behalf the claimant agency is acting. The full amount of the debt shall be collectable from any lottery winnings without regard to limitations on the amounts that may be collectable in increments through garnishment or other proceedings. Such list shall constitute a valid lien upon and claim of lien against the lottery winnings of any debtor named in such list. The list shall contain the names of the debtors, their social security numbers if available, and any other information which would assist the corporation in identifying the debtors named in the list. (b) The corporation is authorized and directed to withhold any winnings subject to the lien created by this Code section and send notice to the winner by certified mail, return receipt requested, of such action and the reason the winnings were withheld. However, if the winner appears and claims winnings in person, the corporation shall notify the winner at that time by hand delivery of such action. If the debtor does not protest the withholding of such funds in writing within 30 days of such notice, the corporation shall

Page 1040

pay the funds over to the claimant agency. If the debtor protests the withholding of such funds within 30 days of such notice, the corporation shall file an action in interpleader in the superior court of the county in which the debtor resides, pay the disputed sum into the registry of the court, and give notice to the claimant agency and debtor of the initiation of such action. (c) The liens created by this Code section shall rank among themselves as follows: (1) Taxes due the state; (2) Delinquent child support; and (3) All other judgments and liens in order of the date entered or perfected. (d) The corporation shall not be required to deduct claimed debts from prizes paid out by retailers or entities other than the corporation. (e) Any list of debt provided pursuant to this article shall be provided periodically as the corporation shall provide by rules and regulations and the corporation shall not be obligated to retain such lists or deduct debts appearing on such lists beyond the period determined by such rules and regulations. (f) The corporation is authorized to prescribe forms and promulgate rules and regulations which it deems necessary to carry out the provisions of this article. (g) The corporation and any claimant agency shall incur no civil or criminal liability for good faith adherence to the provisions of this Code section. (h) The claimant agency shall pay the corporation for all costs incurred by the corporation in setting off debts in the manner provided in this article.

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50-27-54. (a) Notwithstanding Code Section 50-27-29, which prohibits disclosure by the corporation of the contents of prize winner records or information, and notwithstanding any other confidentiality statute, the corporation may provide to a claimant agency all information necessary to accomplish and effectuate the intent of this article. (b) The information obtained by a claimant agency from the corporation in accordance with this article shall retain its confidentiality and shall only be used by a claimant agency in the pursuit of its debt collection duties and practices. Any employee or prior employee of any claimant agency who unlawfully discloses any such information for any other purpose, except as otherwise specifically authorized by law, shall be subject to the same penalties specified by law for unauthorized disclosure of confidential information by an agent or employee of the corporation. 50-27-55. The provisions of this article shall only apply to prizes of $5,000.00 or more and shall not apply to any retailers authorized by the board to pay prizes of up to $5,000.00 after deducting the price of the ticket or share. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1993.

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OCCUPATIONAL THERAPISTS LICENSING; QUALIFICATIONS; REHABILITATION SUPPLIERS EXEMPT. Code Sections 43-28-8, 43-28-9, and 43-28-15 Amended. No. 501 (Senate Bill No. 115). AN ACT To amend Chapter 28 of Title 43 of the Official Code of Georgia Annotated, relating to occupational therapists, so as to change which persons must be licensed under that chapter and change qualifications for and exceptions from licensing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 28 of Title 43 of the Official Code of Georgia Annotated, relating to occupational therapists, is amended by striking Code Section 43-28-8, relating to license requirements, and inserting in its place a new Code section to read as follows: 43-28-8. No person shall: (1) Practice occupational therapy; or (2) Hold himself or herself out as an occupational therapist or an occupational therapy assistant or as being able to render occupational therapy services in this state unless that person is licensed in accordance with this chapter. Section 2. Said chapter is further amended by striking subsection (a) of Code Section 43-28-9, relating to qualifications for licensing, and inserting in its place a new subsection to read as follows: (a) An applicant applying for a license as an occupational therapist or as an occupational therapy assistant shall

Page 1043

file written application, on forms provided by the board, showing to the satisfaction of the board that such applicant meets the following requirements: (1) Is of good moral character; (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 or occupational therapy assistant, such a program shall be accredited by a recognized accrediting agency acceptable to the board. 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; (3) Has successfully completed a period of supervised field work experience at a recognized educational institution or a training program accredited as provided in paragraph (2) of this Code section. For an occupational therapist, a minimum of six months of supervised field work experience is required. For an occupational therapy assistant, a minimum of two months of supervised field work experience is required; and (4) Has passed an examination as provided for in Code Section 43-28-10. Section 3. Said chapter is further amended by striking paragraph (3) of Code Section 43-28-15, relating to exceptions, and inserting in its place the following paragraph: (3) Any person pursuing a course of study leading to a degree or certificate in occupational therapy in an educational program which is accredited by a recognized accrediting agency acceptable to the board and if such person is designated by a title which clearly indicates such person's status as a student or trainee;.

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Section 3.1. Said chapter is further amended by striking ; or from paragraph (6) of Code Section 43-28-15, relating to exceptions, and inserting a semicolon in its place, by striking the period at the end of paragraph (7) of said Code section and inserting ; or in its place, and by adding immediately thereafter the following: (8) Persons registered as rehabilitation suppliers by the Georgia Board of Workers' Compensation, including those registered before July 1, 1992, but only when practicing rehabilitation counseling as a designated principal rehabilitation supplier pursuant to Chapter 9 of Title 34 and only so long as they do not use any titles other than titles describing the certifications or licenses they are required to hold under Code Section 34-9-200.1. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1993. LIENS OF VETERINARIANS AND ANIMAL BOARDERS NOTICE TO OWNER OF ANIMAL; DISPOSAL OF ANIMAL; LIABILITY OF OWNER FOR TREATMENT, CARE, OR BOARDING AFTER DISPOSAL. Code Section 44-14-491 Amended. No. 502 (Senate Bill No. 130). AN ACT To amend Part 9 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens of veterinarians and boarders of animals for the treatment and care of animals, so as to change certain provisions relating to notice to owner and sale or disposal of animals; to repeal certain provisions relating to the disposing of an animal by the veterinarian or boarder of animals wherein the animal was cared for or

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treated; to provide for notice to the owner of the date of disposal and the manner in which the animal was disposed; to provide for the financial obligations of the owner or owner's agent with respect to animals or pets which have been disposed of after abandonment; to change a certain reference; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Part 9 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens of veterinarians and boarders of animals for the treatment and care of animals, is amended by striking in its entirety Code Section 44-14-491, relating to notice to owner and sale or disposal of animal, and inserting in lieu thereof a new Code Section 44-14-491 to read as follows: 44-14-491. (a) (1) If the charges due for any services enumerated in Code Section 44-14-490 are not paid within ten days after the demand therefor on the owner of the animal or pet or if the animal or pet is not picked up within ten days after the demand therefor on the owner of the animal or pet, which demand shall be made in person or by registered or certified mail with return receipt requested and addressed to the owner at the address given when the animal or pet was delivered, the animal or pet shall be deemed to be abandoned and the licensed veterinarian or operator of a facility is authorized to dispose of the animal or pet in such manner as such veterinarian or operator shall determine. Such tenday period will begin to run on the date the demand is postmarked or the date the verbal command is communicated in person and shall be noted on the veterinarian's or operator's file on the animal or pet. For purposes of this subsection, the term `dispose of' means selling the animal or pet at public or private sale, giving the animal or pet away, or turning the animal or pet over to any humane society or animal shelter or other such facility. Where no such shelter facility exists within a 50 mile radius of the veterinarian or operator of a facility's place of business and the veterinarian or operator has been unable

Page 1046

to sell or give the animal away, then the veterinarian or operator is authorized to euthanize the animal in a humane manner. (2) On the day of the disposal of the animal or pet, the veterinarian or operator of a facility shall notify the owner in person, by telephone, or by registered or certified mail with return receipt requested at the address given when the animal or pet was delivered, of the date of the disposal and the manner in which the animal was disposed. (3) The disposal of an animal or pet as provided in this Code section shall not relieve the owner or owner's agent of any financial obligations incurred for treatment, boarding, or care by a veterinarian or operator of a facility for boarding animals or pets. (b) The giving of notice to the owner as provided for in subsection (a) of this Code section shall relieve the licensed veterinarian, the operator of a facility for boarding animals or pets, or any custodian who disposes of such animal or pet of any further liability for such disposal. (c) Failure of the owner of any such animal or pet to receive the demand by registered or certified mail provided for in paragraph (1) of subsection (a) of this Code section shall not render the licensed veterinarian or operator of a facility liable to the owner of such animal or pet for the disposal thereof in any manner provided in this Code section. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1993.

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GEORGIA FIREMEN'S PENSION FUND POSTRETIREMENT BENEFIT INCREASES. Code Section 47-7-27 Enacted. No. 503 (Senate Bill No. 142). AN ACT To amend Article 2 of Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to the administration and management of the assets of the Georgia Firemen's Pension Fund, so as to authorize the board of directors of such fund to grant postretirement benefit increases; to provide conditions for such increases; 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 47 of the Official Code of Georgia Annotated, relating to the administration and management of the assets of the Georgia Firemen's Pension Fund, is amended by inserting at the end thereof the following: 47-7-27. (a) Subject to the terms and limitations of this Code section, the board of trustees is authorized to adopt from time to time a method or methods of providing for increases in the maximum monthly retirement benefit payable under Code Section 47-7-100 or 47-7-102, or both, for persons theretofore or thereafter retiring under such Code sections. Such method shall be based upon: (1) The recommendation of the actuary of the board of trustees; (2) The maintenance of the actuarial soundness of the fund in accordance with the standards provided in Code Section 47-20-10 or such higher standards as may be adopted by the board; and (3) Such other factors as the board deems relevant.

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Any such increase may be uniform or may vary in accordance with the time of retirement, length of service, age, nature of the retirement, or such other factors as the board of trustees shall determine. (b) No increase granted pursuant to subsection (a) of this Code section shall become effective prior to July 1, 1993. Any such increase which becomes effective on July 1, 1993, shall not exceed 3 percent of the maximum monthly retirement benefit then in effect. Thereafter, such increases may be authorized effective as of January 1 and July 1 of each year; provided, however, that no such increase shall exceed 1 percent of the maximum monthly retirement benefit then in effect. (c) No increase shall be made pursuant to subsection (a) of this Code section to become effective within six months of the effective date of any increase in the maximum retirement benefit granted by the General Assembly through amendment of Code Section 47-7-100. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1993. INSURANCE WRITTEN NOTICE TO CLAIMANTS OF PAYMENT OF CLAIMS TO ATTORNEYS IN THIRD-PARTY SETTLEMENTS. Code Section 33-24-41.2 Enacted. No. 504 (Senate Bill No. 146). AN ACT To amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance in general, so as to provide for written notice to claimants of payment of claims to attorneys

Page 1049

in third-party settlements; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance in general, is amended by adding immediately following Code Section 33-24-41.1 a new Code Section 33-24-41.2 to read as follows: 33-24-41.2. (a) Upon the payment of $5,000.00 or more in settlement of any third-party liability claim, where the claimant is a natural person, the insurer or its representative shall provide written notice to the claimant at the same time payment is made by draft, check, or otherwise by such insurer or its representative, including the insurer's attorney, to the claimant's attorney or other representative of the claimant. (b) Nothing in subsection (a) of this Code section shall create, or be construed to create, a cause of action for any person or entity, other than the Commissioner of Insurance, against the insurer or its representative based upon a failure to serve such notice or the defective service of such notice. Nothing in subsection (a) shall establish, or be construed to establish, a defense for any party to any cause of action based upon a failure by the insurer or its representative to serve such notice or the defective service of such notice. Nothing in subsection (a) of this Code section shall invalidate or in any way affect the settlement for which the payment was made by the insurer. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1993.

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EVIDENCE PHARMACISTS; PRIVILEGED INFORMATION CONCERNING PATIENTS. Code Section 24-9-40 Amended. No. 505 (Senate Bill No. 154). AN ACT To amend Part 2 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to the privileged nature of certain medical information, so as to provide that pharmacists shall not be required to release any medical information concerning patients except under certain circumstances; to provide for the extent of liability; to provide for waiver of such privilege; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Part 2 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to the privileged nature of certain medical information, is amended by designating the existing language of Code Section 24-9-40, relating to release of medical information by physicians, as subsection (a) and by adding a new subsection immediately thereafter, to be designated subsection (b), to read as follows: (b) No pharmacist licensed under Chapter 4 of Title 26 shall be required to release any medical information concerning a patient except on written authorization or other waiver by the patient, or by his or her parents or duly appointed guardian ad litem in the case of a minor, or upon appropriate court order or subpoena; provided, however, that any pharmacist releasing information under written authorization or other waiver by the patient, or by his or her parents or duly appointed guardian ad litem in the case of a minor, or upon appropriate court order or subpoena shall not be liable to the patient or any other person; provided, further, that the privilege shall be waived to the extent that the patient places his or her care and treatment or the nature

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and extent of his or her injuries at issue in any administrative, civil, or criminal proceeding. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1993. TORT IMMUNITY FOR DENTAL STUDENTS EXCEPTION FOR WILLFUL OR WANTON MISCONDUCT; NO EFFECT ON LIABILITY OF MEDICAL FACILITY, ACADEMIC INSTITUTION, OR DENTIST. Code Section 51-1-43 Enacted. No. 506 (Senate Bill No. 165). AN ACT To amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions affecting torts, so as to provide certain tort immunity for dental students; to except acts of willful or wanton misconduct; to provide that the liability of a medical facility, academic institution, or dentist is not affected; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions affecting torts, is amended by adding at the end thereof a new Code Section 51-1-43 to read as follows: 51-1-43. (a) No dental student who participates in the provision of dental care or dental treatment under the supervision of a medical facility, academic institution, or dentist, as a part of an academic curriculum leading to the award of a dental degree, shall be liable for any civil damages

Page 1052

to the patient as a result of any act or omission in such participation, except for willful or wanton misconduct. (b) Subsection (a) of this Code section shall not be construed to affect or limit the liability of a medical facility, academic institution, or dentist. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1993. COMMERCE AND TRADE AGENCY AND PRINCIPAL; GRANTS OF POWERS OF ATTORNEY; WRITTEN DECLARATIONS. Code Section 10-6-6 Enacted. No. 507 (Senate Bill No. 171). 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 an agency relationship, so as to clarify the laws relating to the validity of a principal's granting, in writing, a conditional power of attorney, provided that one or more persons are designated by such principal to determine conclusively, by written declaration under penalty of perjury, that the conditional event or contingency has occurred; to provide that third persons may act in reliance on such written declarations; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 1 of Chapter 6 of Title 10 of the Official Code of Georgia Annotated, relating to the creation and

Page 1053

nature of an agency relationship, is amended by adding at the end thereof a new Code Section 10-6-6 to read as follows: 10-6-6. (a) As used in this Code section, the term `conditional power of attorney' means a written power of attorney stating that it becomes effective at a specified future time or on the occurrence of a specified event or contingency, including, but not limited to, the subsequent incapacity of the principal. (b) In a conditional power of attorney, the principal may designate one or more persons who, by a written declaration under penalty of false swearing, have the power to determine conclusively that the specified event or contingency has occurred. The principal may designate the attorney in fact or another person to perform this function, either alone or jointly with other persons. (c) A power of attorney containing the designation described in subsection (b) of this Code section becomes effective when the person or persons designated in the power of attorney execute a written declaration under penalty of false swearing that the specified event or contingency has occurred; and any person may act in reliance on the written declaration without liability to the principal or to any other person, regardless of whether the specified event or contingency has actually occurred. (d) This Code section shall apply to a power of attorney whether executed before, on, or after July 1, 1993, if the power of attorney contains the designation described in subsection (b) of this Code section. (e) Subsections (b) and (c) of this Code section do not provide the exclusive method by which a power of attorney may be limited to take effect upon the occurrence of a specified event or contingency.

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Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1993. ESTATES YEAR'S SUPPORT; CHILD DEFINED. Code Section 53-5-1.1 Enacted. No. 508 (Senate Bill No. 172). AN ACT To amend Chapter 5 of Title 53 of the Official Code of Georgia Annotated, relating to year's support, so as to define the term child or children for purposes of year's support; 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 adding, following Code Section 53-5-1, a new Code Section 53-5-1.1 to read as follows: 53-5-1.1. For purposes of year's support and as used in this chapter, the term `child' or `children' means any child who is entitled to inherit if his or her parent dies intestate. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1993.

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RECOVERY FOR WRONGFUL DEATH OF SPOUSE OR PARENT DIVISION BETWEEN SPOUSE AND CHILDREN; MINOR CHILDREN. Code Section 51-4-2 Amended. No. 509 (Senate Bill No. 173). AN ACT To amend Code Section 51-4-2 of the Official Code of Georgia Annotated, relating to persons entitled to bring action for the wrongful death of spouse or parent, so as to provide that any amount recovered for a wrongful death action on behalf of a minor or minors shall be held by the natural guardian of the child if the amount is $15,000.00 or less or the guardian of the property of such minor if the amount is $15,000.00 or more; 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 51-4-2 of the Official Code of Georgia Annotated, relating to persons entitled to bring action for the wrongful death of spouse or parent, is amended by striking subsection (d) of said Code section and inserting in lieu thereof the following: (d) (1) Any amount recovered under subsection (a) of this Code section shall be equally divided, share and share alike, between the surviving spouse and the children per capita, and the descendants of children shall take per stirpes, provided that any such recovery to which a minor child is entitled and which equals less than $15,000.00 shall be held by the natural guardian of the child, who shall hold and use such money for the benefit of the child and shall be accountable for same; and any such recovery to which a minor child is entitled and which equals $15,000.00 or more shall be held by a guardian of the property of such child.

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(2) Notwithstanding paragraph (1) of this subsection, the surviving spouse shall receive no less than onefourth of such recovery as such spouse's share. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1993. LABOR AND INDUSTRIAL RELATIONS CIVIL LIABILITY IMMUNITY FROM DISCLOSURE OF EMPLOYEE JOB PERFORMANCE. Code Section 34-1-4 Enacted. No. 510 (Senate Bill No. 175). AN ACT To amend Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions applicable to labor and industrial relations, so as to provide immunity from civil liability to certain employers or other persons who disclose information about certain other persons' job performance under certain circumstances; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions applicable to labor and industrial relations, is amended by inserting at the end thereof a new Code Section 34-1-4 to read as follows: 34-1-4. (a) As used in this Code section the term:

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(1) `Employee' means any person who is employed by a hospital, health care institution, school, day care center, or other child care institution. (2) `Employer' means a hospital, health care institution, school, public health facility, day care center, or other child care center. (b) An employer as defined in subsection (a) or any person employed by an employer who discloses information concerning an employee's or former employee's job performance, any act committed by such employee which would constitute a violation of the laws of this state if such act occurred in this state, or ability or lack of ability to carry out the duties of such job to a prospective employer of such employee or former employee upon request of the prospective employer or of the person seeking employment is presumed to be acting in good faith unless lack of good faith is shown by a preponderance of the evidence, unless the information was disclosed in violation of a nondisclosure agreement or the information disclosed was otherwise considered confidential according to applicable federal, state, or local statute, rule, or regulation. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1993. WILLS RENUNCIATION BY FIDUCIARY. Code Section 53-2-115 Amended. No. 511 (Senate Bill No. 189). AN ACT To amend Article 5 of Chapter 2 of Title 53 of the Official Code of Georgia Annotated, relating to legacies and devises,

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so as to provide that a guardian and any other fiduciary is authorized to renounce an interest on behalf of the ward, heir, beneficiary, or other person for whom the fiduciary is acting; to provide that a guardian need not have been appointed at the time of the transfer of the property in order to renounce the interest in property transferred; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 5 of Chapter 2 of Title 53 of the Official Code of Georgia Annotated, relating to legacies and devises, is amended by striking Code Section 53-2-115, relating to renouncement of succession, in its entirety and inserting in lieu thereof the following: 53-2-115. (a) Any person to whom an interest in property is transferred, or who succeeds to an interest in property by contract or by operation of law, or any fiduciary acting on behalf of such person is authorized to and may renounce in whole or in part the succession to any property or interest therein by filing a written instrument within the time and at the place provided in subsection (b) of this Code section. For purposes of this Code section, the term `interest in property' includes any powers over or rights with respect to such property. The instrument shall: (1) Describe the property or part thereof or interest therein renounced; (2) Be signed by the person renouncing or by a fiduciary acting on behalf of such person; and (3) Declare the renunciation and the extent thereof. (b) The writing specified in subsection (a) of this Code section must be filed within nine months after the date the interest in property is transferred or within 12 months of the transfer if the transferee is a ward or if the taker of the property is not then finally ascertained but in no event later than nine months after the event by which the taker or the interest

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is finally ascertained. The writing must be filed in the court of the county in which proceedings concerning the decedent's estate are pending or in which they would be pending if commenced if the transferor is deceased and in the county in which the real property is located if such transfer is a transfer of real property. A copy of the writing shall also be delivered to the transferor, or to the personal representative of the decedent if the transferor is deceased, by hand delivery with a written acknowledgment of receipt or by first-class mail. (c) Unless the decedent or donee of the power has otherwise indicated by his or her will, the interest renounced and any future interest which is to take effect in possession or enjoyment at or after the termination of the interest renounced shall pass as if the person renouncing had predeceased the decedent or, if the person renouncing is one designated to take pursuant to a power of appointment exercised by a testamentary instrument, as if the person renouncing had predeceased the donee of the power. In every case the renunciation relates back for all purposes to the date of death of the decedent or the donee, as the case may be. (d) The following shall bar the right to renounce as to the property: (1) Any assignment, conveyance, encumbrance, pledge, or transfer of property therein or any contract therefor; (2) Any written waiver of the right to renounce or any acceptance of property by a transferee; or (3) Any sale or other disposition of property pursuant to judicial process, made before the expiration of the period in which he or she is permitted to renounce. (e) The right to renounce granted by this Code section exists irrespective of any limitation in the nature of a spendthrift provision or similar restriction on the interest of the person renouncing.

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(f) This Code section does not abridge the right of any person to assign, convey, release, or renounce any property arising under any other Code section or any other statute. (g) A renunciation that fails to meet the requirements of this Code section shall operate as a transfer of the interest in property to those persons who would have received such interest in property if the renunciation had met the requirements of this Code section. (h) Nothing in this Code section shall be deemed to alter the duties or responsibilities of any fiduciary to act in the best interests of the person or persons the fiduciary represents. However, nothing contained in this Code section shall be deemed to limit the authority granted by this Code section to the fiduciary to renounce an interest in property. (i) Any expression of intent or desire in a renunciation by the person renouncing as to the disposition of the renounced interest in property shall, unless specifically declared to be a condition of such renunciation, be considered merely precatory and shall have no legal effect. (j) Any interest in property which existed on March 27, 1972, but which had not then become indefeasibly fixed both in quality and quantity, or the taker of which had not then become finally ascertained, may be renounced as provided in this Code section. An interest which arose prior to March 27, 1972, in any person other than the person renouncing is not destroyed or diminished by any action of the person renouncing taken under this Code section. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1993.

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STATE COURTS CLERKS; SERVICE AS CLERK OF MAGISTRATE COURT; COMPENSATION. Code Section 15-10-105 Amended. No. 512 (Senate Bill No. 196). AN ACT To amend Article 6 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to constables, clerk, and other court personnel, so as to provide for state court clerks to serve as clerk of magistrate court; to provide for compensation for such services; 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 6 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to constables, clerk, and other court personnel, is amended by striking Code Section 15-10-105, relating to selection of clerk of the magistrate court, in its entirety and inserting in lieu thereof the following: 15-10-105. (a) The General Assembly may provide by local law for the superior court clerk or state court clerk to serve as clerk of magistrate court or for the selection of some other person as the clerk of magistrate court and for the compensation of the clerk of magistrate court. In the absence of local law, the selection and compensation of the clerk of magistrate court shall be as provided by subsections (b), (c), and (d) of this Code section. (b) With the consent of the clerk of superior court the county governing authority may provide that the clerk of superior court shall serve as clerk of magistrate court and shall be compensated for his or her services as clerk of magistrate court in an amount not less than $200.00 per month. With the consent of the clerk of the Superior Court and Clerk of the state court, the county governing authority may provide that the state court clerk shall serve as clerk of magistrate

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court and shall be compensated for his or her service as clerk of magistrate court in an amount not less than $200.00 per month. Such compensation shall be retained by the clerk of superior court as his or her personal funds without regard to whether he or she is otherwise compensated on a fee basis or salary basis or both. (c) If the clerk of superior court or the clerk of state court does not serve as clerk of magistrate court, then the county governing authority may provide for the appointment by the chief magistrate of a clerk to serve at the pleasure of the chief magistrate. A clerk of magistrate court so appointed shall be compensated in an amount fixed by the county governing authority at not less than $200.00 per month. (d) If there is no clerk of magistrate court, the chief magistrate or some other magistrate appointed by the chief magistrate shall perform the duties of clerk. A chief magistrate performing the duties of clerk, or another magistrate appointed by the chief magistrate to perform the duties of clerk, shall receive, in addition to any other compensation to which he or she is entitled, compensation for performing the duties of clerk, the amount of which compensation shall be fixed by the county governing authority at not less than $200.00 per month. (e) The compensation of the clerk or magistrate performing the duties of clerk shall be paid in equal monthly installments from county funds. (f) The clerk shall be required to be at least 18 years of age and shall possess a high school diploma or its equivalent. The clerk shall not be subject to a residency requirement. (g) In any case any magistrate may perform any duty to be performed by the clerk.

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Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1993. GEORGIA CHILD CARE COUNCIL SUCCESSOR MEMBERS; TERMS; APPOINTMENT; EXISTENCE CONTINUED AS LONG AS FEDERAL FUNDING AVAILABLE. Code Section 49-5-241 Amended. No. 513 (Senate Bill No. 197). AN ACT To amend Article 11 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to the Georgia Child Care Council, so as to provide for staggered appointments of members of the council; to amend an Act approved April 17, 1991 (Ga. L. 1991, p. 1648), 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, so as to repeal the automatic repealer of such Act; to provide that such council shall continue in existence so long as there are federal child care funds available; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 11 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to the Georgia Child Care Council, is amended by striking Code Section 49-5-241, relating to members of the council, in its entirety and inserting in lieu thereof the following: 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 day-care 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

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(10) Two members shall represent the general public and shall be appointed by the President of the Senate and the Speaker of the House of Representatives. At the expiration of the original three-year terms of office of members of the council, successors to such members shall be appointed as follows: six of the members appointed by the Governor shall serve for initial terms of one year and seven of such Governor appointed members shall serve for initial terms of three years; thereafter all members appointed by the Governor shall serve for terms of three years. Successors to those members appointed by the Speaker of the House of Representatives and the President of the Senate shall each serve for terms of three years. 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 State 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 original appointive members shall serve for a term which expires June 30, 1994, and their successors shall be appointed as provided in subsection (a) of this Code section. (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

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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. Section 2. An Act approved April 17, 1991 (Ga. L. 1991, p. 1648), 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, is amended by striking Section 3 of said Act which reads as follows: Section 3. This Act shall be automatically repealed July 1, 1994. in its entirety and inserting in lieu thereof the following: Section 3. The Georgia Child Care Council shall continue in existence so long as federal child care funds are available to the State of Georgia for support of such council. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1993.

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HOUSING AUTHORITIES LAW INVESTMENT OF HOUSING AUTHORITY FUNDS; BONDS. Code Sections 8-3-30 and 8-3-74 Amended. No. 514 (Senate Bill No. 201). AN ACT To amend Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, the Housing Authorities Law, so as to change certain provisions relating to the investment of funds of a housing authority; to change certain provisions regarding the sale of bonds by a housing authority; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, the Housing Authorities Law, is amended by striking paragraph (5) of subsection (a) of Code Section 8-3-30, relating to general powers of housing authorities, in its entirety and inserting in lieu thereof a new paragraph (5) to read as follows: (5) Subject to any agreement with bondholders, to invest moneys of the authority not required for immediate use to carry out the purposes of this part, including the proceeds from the sale of any bonds and any moneys held in reserve funds, in obligations which shall be limited to the following: (A) Bonds or other obligations of the state or bonds or other obligations the principal and interest of which are guaranteed by the state; (B) Bonds or other obligations of the United States or of subsidiary corporations of the United States government fully guaranteed by such government;

Page 1068

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

Page 1069

(iii) Obligations of agencies of the United States government included in subparagraph (C) of this paragraph; or (iv) Bonds, obligations, or project notes of public housing agencies, urban renewal agencies, or municipalities included in subparagraph (D) of this paragraph; (F) Interest-bearing time deposits, repurchase agreements, reverse repurchase agreements, rate guarantee agreements, or other similar banking arrangements with a bank or trust company having capital and surplus aggregating at least $50 million or with any government bond dealer reporting to, trading with, and recognized as a primary dealer by the Federal Reserve Bank of New York having capital aggregating at least $50 million or with any corporation which is subject to registration with the Board of Governors of the Federal Reserve System pursuant to the requirements of the Bank Holding Company Act of 1956, provided that each such interest-bearing time deposit, repurchase agreement, reverse repurchase agreement, rate guarantee agreement, or other similar banking arrangement shall permit the moneys so placed to be available for use at the time provided with respect to the investment or reinvestment of such moneys; and (G) Any and all other obligations of investment grade quality having a credit rating from a nationally recognized rating service of at least one of the three highest rating categories available and having a nationally recognized market, including, but not limited to, collateralized mortgage obligations, owner trusts offering collateralized mortgage obligations, guaranteed investment contracts offered by any firm, agency, business, governmental unit, bank, insurance company, corporation chartered by the United States Congress, or other entity, real estate mortgage investment conduits, mortgage obligations, mortgage pools, and pass-through securities;.

Page 1070

Section 2. Said article is further amended by striking the word and from the end of paragraph (7) of Code Section 8-3-30, relating to general powers of housing authorities, by striking the period at the end of paragraph (8) and inserting in lieu thereof the symbol and word ; and, and by adding a new paragraph (9) to read as follows: (9) To invest moneys held in debt service reserve funds or sinking funds not required for immediate use or disbursement in obligations of the types specified in paragraph (5) of this subsection, provided that, for the purpose of this paragraph, the amounts and maturities of such obligations shall be based upon and correlated to the debt service (principal installments and interest payments) schedule for which moneys are to be supplied;. Section 3. Said article is further amended by striking Code Section 8-3-74, relating to public sale of bonds, in its entirety and by inserting in lieu thereof a new Code section to read as follows: 8-3-74. The bonds of an authority may be sold at public or private sale in such a manner and for such price as the authority may determine to be in the best interest of the authority. 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 13, 1993.

Page 1071

GRANTS TO COUNTIES WITH 20,000 ACRES OF UNIMPROVED REALTY OWNED BY STATE UNDER CONTROL OF DEPARTMENT OF NATURAL RESOURCES. Code Section 48-14-4 Enacted. No. 515 (Senate Bill No. 202). AN ACT To amend Chapter 14 of Title 48 of the Official Code of Georgia Annotated, relating to grants and special revenue disbursements, so as to define a certain term; to provide that counties in which lies a certain amount of unimproved state owned real property may receive a grant of funds based on the value of public services provided; to provide that the Department of Natural Resources shall determine the eligibility for such funds and the amount of such funds and shall request the appropriation of such funds; to provide a limitation on receiving such funds; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 14 of Title 48 of the Official Code of Georgia Annotated, relating to grants and special revenue disbursements, is amended by inserting at the end thereof the following: 48-14-4. (a) As used in this Code section, the term `department' means the Department of Natural Resources. (b) Each county in which is located 20,000 acres or more of unimproved real property belonging to the state and under the custody or control of the department, in which such state owned property exceeds 10 percent of the taxable real property in the county, and in which such property represents 10 percent or more of the assessed tax digest of the county may receive from the department an annual grant as provided in this Code section.

Page 1072

(c) For each county eligible to receive a grant pursuant to subsection (b) of this Code section, the department shall calculate the approximate value of public services which the county provides the department each year; provided, however, that such sum shall not exceed the amount the county would charge any other landowner for such services. The department shall request funds in its annual operating budget each year to reimburse all eligible counties for the provision of such services. In the event the amount appropriated in any year is less than the amount requested, each eligible county shall receive a pro rata share based on the estimated value of services provided. (d) The department is directed to make an annual calculation of the amount of unimproved state owned real property under its custody or control and determine which counties are eligible for a grant pursuant to subsection (b) of this Code section. The first such determination shall be completed not later than December 31, 1993, and each subsequent determination shall be made not later than December 31 of each year. The department is further directed to calculate the approximate value of public services provided by each eligible county as provided in subsection (c) of this Code section. (e) No county shall be authorized to receive a grant of funds pursuant to both this Code section and Code Section 48-14-1. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1993.

Page 1073

ALCOHOLIC BEVERAGES LICENSED RETAIL DEALERS; ADVERTISE AND PROMOTE LAWFUL LOTTERIES. Code Section 3-4-3 Amended. No. 516 (Senate Bill No. 206). AN ACT To amend Article 1 of Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to general provisions applicable to distilled spirits, so as to provide that the state revenue commissioner shall be authorized by rules and regulations to permit licensed retail dealers in distilled spirits to display signs inside and outside their retail establishments which advertise or promote certain lawful lotteries, provided that such signs are in compliance with certain laws and rules and regulations promulgated under such laws; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 1 of Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to general provisions applicable to distilled spirits, is amended by striking in its entirety Code Section 3-4-3, relating to retail dealer's signs, and inserting in lieu thereof a new Code Section 3-4-3 to read as follows: 3-4-3. (a) Except as otherwise provided in subsection (b) of this Code section, a licensed retail dealer in distilled spirits may display at the licensee's place of business unilluminated signs, using letters not larger than eight inches in height, flat against the outside of the building, below the roof line, bearing the words `liquor,' `beer,' `wine,' `champagne,' or any combination thereof, and `package store' or `liquor store,' together with the trade name of the retail dealer. In addition to such signs flat against the outside of the building, the retail dealer may display at a location on the tract of property upon which the business is located, but not affixed

Page 1074

to the building, one unilluminated sign using letters not larger than eight inches in height bearing the words `package store' or `liquor store' and the trade name of the retail dealer. Subject to any more restrictive size limitations contained in the ordinances of the political subdivision in which the place of business is located, a sign not affixed to the building may be no larger than 16 square feet in area. (b) Notwithstanding the provisions of subsection (a) of this Code section, the commissioner shall be authorized by rules and regulations to permit licensed retail dealers in distilled spirits to display signs inside and outside their retail establishments which advertise or promote any lottery authorized under Chapter 27 of Title 50, the `Georgia Lottery for Education Act,' provided that such signs are in compliance with said Chapter 27 of Title 50 and the rules and regulations of the board of directors of the Georgia Lottery Corporation. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1993. ELECTIONS CLERK OF SUPERIOR COURT; DESIGNATION OF COUNTY RECORDS MANAGER. Code Section 21-2-500 Amended. No. 517 (Senate Bill No. 214). AN ACT To amend Article 12 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to returns of elections

Page 1075

and primaries, so as to authorize the clerk of superior court to designate the county records manager or the office or officer under the jurisdiction of the county governing authority which maintains or is responsible for records to receive certain records and materials relating to elections; 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 12 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to returns of elections and primaries, is amended by striking Code Section 21-2-500, relating to delivery of voting materials to the clerk of superior court, in its entirety and inserting in lieu thereof the following: 21-2-500. Immediately upon completing the returns required by this article, the superintendent shall deliver in sealed containers to the clerk of the superior court or, if designated by the clerk of the superior court, to the county records manager or other office or officer under the jurisdiction of a county governing authority which maintains or is responsible for records, as provided in Code Section 50-18-99, the used, unused, and void ballots and the stubs of all ballots used, one copy of oaths of poll officers, one copy of the numbered lists of voters, tally paper, voting machine paper proof sheet, and return sheet involved in the primary or election. The clerk, county records manager, or the office or officer designated by the clerk shall hold such ballots and other documents under seal, unless otherwise directed by the superior court, for at least 24 months, after which they shall be presented to the grand jury for inspection at its next meeting. Such ballots and other documents shall be preserved in the office of the clerk, county records manager, or officer designated by the clerk until the adjournment of such grand jury, and then they may be destroyed, unless otherwise provided by order of the superior court.

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Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1993. COMMERCE AND TRADE PROMOTIONAL OFFERS; IDENTIFICATION AND ODDS OF WINNING; DRIVER IMPROVEMENT CLINICS; UNFAIR OR DECEPTIVE TRADE PRACTICES. Code Section 10-1-393 Amended. No. 518 (Senate Bill No. 231). AN ACT To amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices in consumer transactions, so as to provide that each promotional offer made in the state must be identified on the envelope containing the notice as a promotion and that the odds of winning must be stated conspicuously; to provide that violations of Code Section 40-5-83, relating to driver improvement clinics, shall be unfair or deceptive practices in consumer transactions; to provide for confidentiality for persons complaining about unfair and deceptive acts or practices; to provide for exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices in consumer transactions, is amended in subsection (b) by striking

Page 1077

the word or at the end of paragraph (25), by striking the period at the end of paragraph (26) and inserting in lieu thereof the symbol ;, and by adding at the end of said subsection new paragraphs (27) and (28) to read as follows: (27) Mailing any notice, notification, or similar statement to any consumer regarding winning or receiving any prize, award, or other item, and the envelope or other enclosure for the notice fails to conspicuously identify on its face that the contents of the envelope or other enclosure is a commercial solicitation and, if there is an element of chance in winning a prize, award, or other item, the odds of winning as `odds'; or (28) Any violation of the rules and regulations promulgated by the Department of Human Resources pursuant to subsection (e) of Code Section 40-5-83 which relates to the consumer transactions and business practices of DUI Alcohol or Drug Use Risk Reduction Programs, except that the Department of Human Resources shall retain primary jurisdiction over such complaints. Section 2. Said Code section is further amended by adding at the end thereof a new subsection (d) to read as follows: (d) Notwithstanding any other provision of the law to the contrary, the names, addresses, telephone numbers, social security numbers, or any other information which could reasonably serve to identify any person making a complaint about unfair or deceptive acts or practices, shall be confidential. However, the complaining party may consent to public release of his or her identity by giving such consent expressly, affirmatively, and directly to the administrator or administrator's employees. Nothing contained in this subsection shall be construed to prevent the subject of the complaint, or any other person to whom disclosure to the complainant's identity may aid in resolution of the complaint, from being informed of the identity of the complainant, to prohibit any valid discovery under the relevant discovery rules, or to prohibit the lawful subpoena of such information.

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Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1993. EVIDENCE ADMISSIBILITY OF CERTIFIED DOCUMENTS TRANSMITTED BY FACSIMILE; REPRODUCTIONS OF ORIGINAL COPIES. Code Sections 24-5-20 and 24-5-26 Amended. No. 519 (Senate Bill No. 244). AN ACT To amend Article 2 of Chapter 5 of Title 24 of the Official Code of Georgia Annotated, relating to copies of writings accepted under the best evidence rule, so as to provide for the admissibility of certified documents transmitted by facsimile in certain circumstances; to provide for fees and records; to provide that the foregoing provision does not require a public officer to obtain or maintain facsimile equipment; to provide for reproductions that accurately reproduce or form a medium for reproducing the original copy; 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 24 of the Official Code of Georgia Annotated, relating to copies of writings accepted under the best evidence rule, is amended by striking in its entirety Code Section 24-5-20, relating to exemplifications of public records, and inserting in lieu thereof a new Code section to read as follows: 24-5-20. (a) Exemplifications made by public officers of records, documents, papers, or other matters in their respective offices, pursuant to Code Sections 24-7-20 and

Page 1079

24-7-21 or in the manner set out in subsection (b) of this Code section, shall be primary evidence as to all records or other things required by law to remain in such offices, but only secondary evidence as to such documents as by law properly remain in the possession of the party. (b) As an alternative to an exemplification made by any public officer of the records, documents, papers, or other matters in the office of such public officer in accordance with Code Sections 24-7-20 and 24-7-21, an exemplification transmitted by facsimile or a copy of an exemplification transmitted by facsimile is admissible if: (1) The certification by the public officer includes a statement that the certified document is being transmitted by facsimile and the telephone number and location of the facsimile machine transmitting the facsimile; and (2) Each page of the document shows the telephone number of the transmitting facsimile machine to be identical to the telephone number shown as a part of the certification by the public officer. This subsection shall not be construed to require public officers to obtain or maintain facsimile equipment. Public officers are authorized to collect the usual cost of providing exemplifications as provided by law and a reasonable fee for the cost of telephone facsimile transmission. Public officers are authorized to maintain a record of facsimile exemplifications, which may but is not required to include the retention of the exemplification as transmitted by facsimile. Section 2. Said article is further amended by striking Code Section 24-5-26, relating to reproductions made in the regular course of business, in its entirety and inserting in lieu thereof the following: 24-5-26. Any photostatic, microphotographic, photographic, or optical image reproduction of any original writing or record made in the regular course of business to preserve the writing or record shall be admissible in evidence in any proceeding in any court of this state and in any proceeding

Page 1080

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, if such reproduction accurately reproduces or forms a durable medium for reproducing the original. 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 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1993. CIVIL PRACTICE NOTICE OF ACTION INVOLVING RECIPIENTS OF MEDICAL ASSISTANCE. Code Section 9-2-21 Amended. NO. 520 (Senate Bill No. 249). AN ACT To amend Code Section 9-2-21 of the Official Code of Georgia Annotated, relating to parties to actions for torts, so as to provide for a notice of civil action involving recipients of medical assistance; to provide that notice may be by United States mail; to define recovery 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 9-2-21 of the Official Code of Georgia Annotated, relating to parties to actions for torts, is amended by adding a new subsection at the end thereof to read as follows:

Page 1081

(c) If the person whose legal right has been affected has received medical assistance benefits pursuant to Chapter 4 of Title 49, prior to initiating recovery action, the representative or attorney who has actual knowledge of the receipt of said benefits shall notify the Department of Medical Assistance of the claim. Mailing and deposit in a United States post office or public mail box of said notice addressed to the Department of Medical Assistance with adequate postage affixed is adequate legal notice of the claim. Notice as provided in this subsection shall not be a condition precedent to the filing of any action for tort. Initiating recovery action shall include any communication with a party who may be liable or someone financially responsible for that liability with regard to recovery of a claim including but not limited to the filing of an action in court. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1993. WILLS PROCEDURE WHEN WILL LOST OR DESTROYED; PRESUMPTION OF REVOCABILITY; APPLICABILITY. Code Section 53-3-6 Amended. No. 521 (Senate Bill No. 256). AN ACT To amend Code Section 53-3-6 of the Official Code of Georgia Annotated, relating to procedure when a will is lost or destroyed and the presumption of revocability, so as to provide for applicability language; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 1082

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 53-3-6 of the Official Code of Georgia Annotated, relating to procedure when a will is lost or destroyed and the presumption of revocability, is amended by adding a new subsection to read as follows: (c) This Code section shall apply to all petitions for probate pending on or after April 4, 1991. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1993. HEALTH REPEAL OF CERTAIN RECERTIFICATION REQUIREMENTS FOR EMERGENCY MEDICAL TECHNICIANS, PARAMEDICS, AND CARDIAC TECHNICIANS. Code Section 31-11-58 Amended. No. 522 (Senate Bill No. 263). AN ACT To amend Article 3 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to repeal certain recertification requirements for emergency medical technicians, paramedics, and cardiac technicians; to repeal active practice requirements; to repeal certain grounds for revocation of certificates; to repeal continuing education requirements and authorize the Department of Human Resources and the Composite Board of State Medical Examiners

Page 1083

to require continuing education, approve courses, waive the continuing education requirement in certain circumstances, and promulgate rules and regulations; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 3 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, is amended by striking in its entirety Code Section 31-11-58, which reads as follows: 31-11-58. (a) Standards adopted by regulation of the composite board or the department for the periodic recertification of emergency medical technicians, paramedics, and cardiac technicians may include such additional examination or educational requirements as the composite board or the department deems appropriate to ensure the continued competency of such technicians. No standards shall be adopted by the composite board or the department pursuant to this subsection other than those authorized by the other subsections of this Code section. (b) In order to ensure the continued competency of emergency medical technicians, cardiac technicians, and paramedics who hold certificates issued under this chapter, each such person, no later than December 31 of each year, shall furnish evidence satisfactory to the department or the composite board which certified him that he has met the active practice requirements of subsection (c) of this Code section and the continuing education requirements of subsection (d) of this Code section. (c) The active practice requirements shall be met if, for at least 80 hours per month during at least nine months out of the immediately preceding 12 months or for at least 80 hours per month during at least 18 months out of the immediately preceding 24 months, a person renders or was on call to render any service which such person's certificate authorized that person to render.

Page 1084

(d) The continuing education requirements shall be met by annually completing one-fifth of the following five-year requirements for hours of continuing education: 50 hours for emergency medical technicians; 75 hours for cardiac technicians; and 100 hours for paramedics. These five-year continuing education requirements shall be divided into five different and discrete segments or modules of equal length. Any one module may be completed each year to meet the annual continuing education requirements, but all five modules shall be completed during a five-year period. This program of continuing education shall be approved by the department. The program or any modular segment of it shall be taught or administered either by persons meeting qualifications established by the department and employed or authorized by a vocational-technical school in the state or by any person who is a medical adviser under Code Section 31-11-50, or both. (e) A certificate issued under this chapter shall be revoked, under the procedures of Code Section 31-11-56 or 31-11-57, if the holder of the certificate fails to furnish to the department or the composite board which certified him under this chapter satisfactory evidence that he has met the active practice requirements, continuing education requirements, or both, of this Code section. A certificate so revoked may be reinstated upon the holder's furnishing to the department or the composite board which certified the holder under this chapter satisfactory evidence of having successfully completed a 40 hour recertification course and having successfully passed both a written and practical examination. The recertification course, the person teaching the course, the examinations, and the requirements for passing the examinations shall be approved by the department. A person whose certificate has been so reinstated shall be required to meet the active practice and continuing education requirements of this Code section for the 12 month period following the certificate reinstatement and for each 12 month period thereafter. (f) Any person who teaches for at least 80 hours per calendar year any emergency medical technician course, any continuing education course or recertification course authorized by this Code section, or any combination of such courses

Page 1085

shall not be required for that year to meet either the active practice or continuing education requirements provided for in this Code section in order to maintain such person's certificate as an emergency medical technician. (g) The requirements of paragraph (4) of subsection (a) of Code Section 31-11-5 regarding the location at which certain courses may be taught shall not apply to either continuing education courses or recertification courses under this Code section. (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. and inserting in its place new Code sections to read as follows: 31-11-58. (a) The department shall be authorized to require emergency medical technicians seeking recertification under this chapter to complete department approved continuing education. The department shall be authorized to approve courses including but not limited to courses offered by the department, the number of hours required, and the category in which these hours should be earned. (b) The department shall be authorized to waive the continuing education requirement in cases of hardship, disability, illness, or under such other circumstances as the department deems appropriate. (c) The department shall be authorized to promulgate rules and regulations to implement and ensure compliance with the requirements of this Code section.

Page 1086

(d) This Code section shall apply to each certification and recertification cycle which begins after the 1992-1993 renewal. 31-11-58.1. (a) The composite board shall be authorized to require paramedics and cardiac technicians seeking recertification under this chapter to complete department approved continuing education of not less than 40 hours biennially. The department shall be authorized to approve courses including but not limited to courses offered by the department, the number of hours required, and the category in which these hours should be earned. (b) The composite board shall be authorized to waive the continuing education requirement in cases of hardship, disability, illness, or under such other circumstances as the composite board deems appropriate. (c) The composite 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 certification and recertification cycle which begins after the 1992-1993 renewal. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1993.

Page 1087

GEORGIA HISTORICAL RECORDS ADVISORY BOARD CREATED; DUTIES; MEMBERSHIP; VACANCIES; MEETINGS; DONATIONS; GRANTS. Code Sections 45-13-55 and 45-13-56 Enacted. No. 523 (Senate Bill No. 271). AN ACT To amend Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the Secretary of State, so as to provide for a Georgia Historical Records Advisory Board; to provide for duties and responsibilities; to provide for membership and composition; to provide for filling vacancies; to provide for meetings; to provide authority to accept and use gifts, grants, and donations; to provide authority to make grants; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the Secretary of State, is amended by adding immediately following Article 3 a new Article 3A to read as follows: ARTICLE 3A 45-13-55. (a) As used in this article, the term: (1) `Board' means the Georgia Historical Records Advisory Board created under this article. (2) `Department' means the Department of Archives and History. (b) There is created and established the Georgia Historical Records Advisory Board with such powers and duties as are set forth in this article.

Page 1088

(c) The purpose of the board shall be to advise the Secretary of State and the Department of Archives and History; to serve as the state advisory body required by federal granting agencies; and to encourage cooperative efforts to improve the condition of Georgia's historical records. (d) The board shall consist of 12 members to be appointed by the Governor. A majority of the members shall have recognized experience in the administration of government records, historical records, or archives or in a field of research or activity that makes extensive use of historical records. The board shall be as broadly representative as possible of the public and private archival and research communities and organizations in the state. (e) The Governor shall designate the initial terms of the members of the board as follows: four members shall be appointed for one year; four members shall be appointed for two years; and four members shall be appointed for three years. Thereafter, all succeeding appointments shall be for three-year terms, except that each member shall serve until a successor is appointed. Members shall be eligible for reappointment. (f) Whenever any vacancy in the membership of the board occurs, the Governor shall appoint a qualified person to fill the unexpired term. (g) Members of the board 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 that such member of the board is in attendance at a meeting of such board, plus reimbursement for actual transportation costs while traveling by public carrier or the same mileage allowance as state government employees for use of a personal car in connection with such attendance. (h) The director of the Department of Archives and History shall serve as Georgia Historical Records coordinator and assist the board in its activities.

Page 1089

(i) The board shall elect its chair and other officers and make such bylaws for its operation as may be necessary or appropriate. (j) The board shall meet at least once each calendar year and special meetings may be called by the chair. (k) The board shall be administratively assigned to the department. (l) The board shall have no permanent staff but may hire temporary staff for specific activities if funds are available. 45-13-56. The board shall have the following powers, duties, authorities, and functions to: (1) Serve as the state advisory body required by federal granting authorities for state projects and to follow the regulations and guidelines promulgated by those granting authorities; (2) Serve in an advisory capacity to the Department of Archives and History on issues concerning records; (3) Identify endangered records of historical value and to recommend appropriate actions to protect them; (4) Promote state-wide planning for historical records needs; (5) Cooperate with and secure cooperation of every department, agency, or instrumentality in the state government or its political subdivisions in furtherance of the purposes of this article; (6) Encourage high visibility historical records projects and studies with a state-wide impact, when studies and projects cross organizational and jurisdictional lines;

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(7) Foster communication among all members of the historical records community and to encourage the development and adoption of state-wide goals and common practices to improve the condition of historical records; (8) Appoint appropriate subcommittees or advisory committees; (9) Recommend to the State Records Committee records retention schedules for records of the board in accordance with the Article 5 of Chapter 18 of title 50, the Georgia Records Act; (10) Accept and use gifts, grants, and donations for the purpose of carrying out this article. Any funds, personal property, or services received as gifts, grants, or donations shall be kept separate and apart from any funds received by state appropriations; and such funds, property, or services so received by gifts, grants, or donations shall remain under the control of and subject to the direction of the board to carry out this article and as such shall not lapse at the end of each fiscal year; (11) Make grants for the purpose of carrying out this article. Such grants shall be made and the funds shall be administered and expended subject to this article and in accordance with the rules and regulations of the funding source; and (12) 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. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1993.

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DOMESTIC RELATIONS COHABITATION AS GROUNDS FOR REVISION OF ALIMONY AND CHILD SUPPORT. Code Section 19-6-19 Amended. No. 524 (Senate Bill No. 277). AN ACT To amend Code Section 19-6-19, relating to revision of judgment for permanent alimony or child support, generally, when such revision is authorized, petition and hearing, cohabitation with third party as ground for revision, attorney's fees, and temporary modification pending final trial, so as to change the provision relating to cohabitation as grounds for revision; to provide for the application; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 19-6-19, relating to revision of judgment for permanent alimony or child support, generally, when such revision is authorized, petition and hearing, cohabitation with third party as ground for revision, attorney's fees, and temporary modification pending final trial, is amended by striking subsection (b) of said Code section and inserting in lieu thereof a new subsection (b) to read as follows: (b) Subsequent to a final judgment of divorce awarding periodic payment of alimony for the support of a spouse, the voluntary cohabitation of such former spouse with a third party in a meretricious relationship shall also be grounds to modify provisions made for periodic payments of permanent alimony for the support of the former spouse. As used in this subsection, the word `cohabitation' means dwelling together continuously and openly in a meretricious relationship with another person, regardless of the sex of the other person. In the event the petitioner does not prevail in the petition for modification on the ground set forth in this subsection, the petitioner shall be liable for reasonable attorney's

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fees incurred by the respondent for the defense of the action. Section 2. This amendment shall apply to all judgments for permanent alimony entered before or after the effective date of this amendment. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1993. COMMERCE AND TRADE PRINCIPALS DOING BUSINESS IN STATE; UNFAIR OR DECEPTIVE PRACTICES AGAINST ELDERLY. Code Section 10-1-700 Amended. Code Title 10, Chapter 1, Article 31 Enacted. No. 525 (Senate Bill No. 295). 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 change a definition; to provide for applicability of said article to principals who do business in this state; to regulate unfair or deceptive practices toward the elderly; to provide for definitions; to provide for civil penalties; to provide for determination of civil penalties; to provide for a cause of action; to provide for education initiatives; to provide for referrals; to provide for inherent power; to provide for confidentiality in certain circumstances; to provide an exemption; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 1093

Section 1. Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, is amended by striking Code Section 10-1-700, relating to definitions, and inserting in lieu thereof a new Code Section 10-1-700 to read as follows: 10-1-700. As used in this article, the term: (1) `Commission' means compensation accruing to a sales representative for payment by a principal, the rate of which is expressed as a percentage of the dollar amount of orders or sales or as a specified amount per order or per sale. (2) `Principal' means a person who does business in this state and who: (A) Manufactures, produces, imports, or distributes a tangible product for wholesale; (B) Contracts with a sales representative to solicit orders for the product; and (C) Compensates the sales representative in whole or in part by commission. (3) `Sales representative' means a person who contracts with a principal to solicit wholesale orders and who is compensated in whole or in part by a commission, but such term does not include one who places orders or purchases for his or her own account for resale. Section 2. Said chapter is further amended by adding at the end thereof a new article to read as follows: ARTICLE 31 10-1-850. As used in this article, the term: (1) `Disabled person' means a person who has a physical or mental impairment which substantially limits one or more of such person's major life activities. As used

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in this paragraph, `physical or mental impairment' means any of the following: (A) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss substantially affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; or endocrine; and (B) Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The term `physical or mental impairment' includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech, and hearing impairment, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, and emotional illness. (2) `Elder person' means a person who is 60 years of age or older. (3) `Major life activities' includes functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. (4) `Substantially limits' means interferes with or affects over an extended period of time. Minor temporary ailments or injuries shall not be considered physical or mental impairments which substantially limit a person's major life activities. Examples of minor temporary ailments are colds, influenza, or sprains or minor injuries. 10-1-851. When any person who is found to have conducted business in violation of Article 15, 17, or 21 of this chapter is found to have committed said violation against elder or disabled persons, in addition to any civil penalty otherwise set forth or imposed, the court may impose an additional

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civil penalty not to exceed $10,000.00 for each violation. 10-1-852. In determining whether to impose a civil penalty under Code Section 10-1-851 and the amount thereof, the court shall consider the extent to which one or more of the following factors are present: (1) Whether the defendant's conduct was in disregard of the rights of the elder or disabled persons; (2) Whether the defendant knew or should have known that the defendant's conduct was directed to an elder person or disabled person; (3) Whether the elder or disabled person was more vulnerable to the defendant's conduct because of age, poor health, infirmity, impaired understanding, restricted mobility, or disability than other persons and whether the elder or disabled person actually suffered substantial physical, emotional, or economic damage resulting from the defendant's conduct; (4) Whether the defendant's conduct caused an elder or disabled person to suffer any of the following: (A) Mental or emotional anguish; (B) Loss of or encumbrance upon a primary residence of the elder or disabled person; (C) Loss of or encumbrance upon the elder or disabled person's principal employment or principal source of income; (D) Loss of funds received under a pension or retirement plan or a government benefits program; (E) Loss of property set aside for retirement or for personal or family care and maintenance; or

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(F) Loss of assets essential to the health and welfare of the elder or disabled person; or (5) Any other factors the court deems appropriate. 10-1-853. An elder or disabled person who suffers damage or injury as a result of an offense or violation described in this article has a cause of action to recover actual damages, punitive damages, if appropriate, and reasonable attorney's fees. Restitution ordered pursuant to this Code section has priority over a civil penalty imposed pursuant to this article. 10-1-854. The administrator may develop and implement state-wide educational initiatives to inform elder persons and disabled persons, law enforcement agencies, the judicial system, social services professionals, and the general public as to the prevalence and prevention of consumer crimes against elder and disabled persons, the provisions of Part 1 of Article 15 of this chapter, the `Uniform Deceptive Trade Practices Act,' and Articles 17 and 21 of this chapter, the penalties for violations of such articles, and the remedies available for victims of such violations. 10-1-855. The administrator may establish and maintain referral procedures with the Office of Aging within the Department of Human Resources in order to provide any necessary intervention and assistance to elder or disabled persons who may have been victimized by violations of this article. 10-1-856. Nothing in this article shall serve to prevent the administrator appointed under Code Section 10-1-395 from investigating and pursuing unfair and deceptive acts or practices committed under Part 2 of Article 15 of this chapter, the `Fair Business Practices Act of 1975.' Notwithstanding any other provision of law to the contrary, the names, addresses, telephone numbers, social security numbers, or any other information which could reasonably serve to identify any person making a complaint about unfair or deceptive practices under Part 2 of Article 15 of this chapter, the `Fair Business Practices Act of 1975,' shall be confidential.

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However, the complaining party may consent to public release of his or her identity by giving such consent expressly, affirmatively, and directly to the administrator or the administrator's employees. Nothing contained in this Code section shall be construed to prevent the subject of the complaint, or any other person to whom disclosure of the complainant's identity may aid in resolution of the complaint, from being informed of the identity of the complainant, to prohibit any valid discovery under the relevant discovery rules, or to prohibit the lawful subpoena of such information. 10-1-857. The administrator shall receive all complaints under this article. He or she shall refer all complaints or inquiries concerning conduct specifically approved or prohibited by the Secretary of State, Department of Agriculture, Commissioner of Insurance, Public Service Commission, Department of Natural Resources, Department of Banking and Finance, or other appropriate agency or official of this state to that agency or official for initial investigation and corrective action other than litigation. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 13, 1993. STATE PROPERTY DISPOSITION OF PROPERTY IN AMERICUS, LAKE CITY, AND SAVANNAH AUTHORIZED. No. 2 (Senate Resolution No. 64). A RESOLUTION Authorizing the disposition by sale, lease, or exchange of certain state owned improved real properties located in the cities of Americus, Sumter County, Georgia; Lake City, Clayton County, Georgia; and Savannah, Chatham County, Georgia; to

Page 1098

provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, the State of Georgia is the owner of certain improved properties located in the cities of Americus, Sumter County, Georgia; Lake City, Clayton County, Georgia; and Savannah, Chatham County, Georgia; and WHEREAS, such improved real properties are under the custody of the Department of Labor and the physical facilities located thereon are either presently being, or were formerly, used as local offices of the Department of Labor; and WHEREAS, the Department of Labor has determined that such improved real properties and the physical facilities located thereon cannot any longer fulfill its needs and that replacement physical facilities to be situated on real properties at other locations in the same cities or above-referenced counties are necessary. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That the above-referenced improved real properties are located in and more specifically described and referred to as: (1) 120 West Church Street, Americus, Sumter County, Georgia; (2) 1193 Forest Parkway, Lake City, Clayton County, Georgia; and (3) 5520 White Bluff Road, Savannah, Chatham County, Georgia. Section 2. That the State of Georgia is the owner of the above-described improved real properties and that, in all matters relating to the disposition by sale, lease, or exchange of said improved properties, the State of Georgia is acting by and through its State Properties Commission. In its handling of said dispositions by sale, lease, or exchange, the State Properties

Page 1099

Commission shall act for the benefit of the Department of Labor in fulfilling the department's above-referenced improved real property replacement needs. Without limiting the foregoing, but by way of illustration, the State Properties Commission may sell, lease, or exchange the above-described real properties for considerations which enable the Department of Labor to acquire other real property, construct and equip replacement facilities, and undertake related activities necessary or convenient thereto. By way of further illustration and notwithstanding Code Section 45-12-92 of the O.C.G.A. or any other provision of law, the State Properties Commission may permit any cash considerations received from said dispositions to be retained by the Department of Labor and applied by it to acquisition, construction, and equipping of such replacement facilities; and, similarly, any inkind considerations, including, for example, exchanged real property or construction services, may be applied by the department to its replacement needs. Section 3. That the State of Georgia, acting by and through its State Properties Commission, is authorized and empowered, for the benefit of the Department of Labor, to dispose of, by sale, lease, or exchange, during the present and following years, the record title of the State of Georgia in and to any or all of the above-described improved real properties for a monetary or in-kind consideration of not less than the fair market value of each parcel of said improved real properties and upon such other terms and conditions as the State Properties Commission shall determine to be in the best interest of and most advantageous to the State of Georgia and to its Department of Labor. If any such disposition of said above-described improved real properties is by sale or exchange, the conveyance by the State of Georgia shall be by quitclaim deed. Section 4. That the State Properties Commission is authorized and empowered to do all acts and to impose all requirements it deems necessary and proper to effect a disposition by sale, lease, or exchange of each respective parcel of said above-described improved real properties. As an indispensable part of the grant of authority contained in this resolution, it is further provided that before any transaction authorized hereby may be consummated or closed that 30 days in advance thereof the State Properties Commission shall report the full terms and

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conditions of such transaction to the chairpersons of the House Committee on State Institutions and Property and the Senate Committee on Finance and Public Utilities. 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 by the State of Georgia be filed with the State Propertyes Commission and accompanied by a plat of survey of the property conveyed, the plat of survey of each of the parcels of the above-described improved real properties, the dispositions of which by sale, lease, or exchange are authorized by this resolution, approved by the State Properties Commission shall constitute an acceptable plat of survey of that particular parcel for filing with 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 13, 1993. JUDGE W. A. FOSTER, JR., BRIDGE DESIGNATED. No. 3 (Senate Resolution No. 68). A RESOLUTION Designating the Judge W. A. Foster, Jr., Bridge; and for other purposes. WHEREAS, Judge W. A. (Bud) Foster, Jr., was a wellknown and beloved Paulding County native who made numerous contributions as an attorney, lawmaker, prosecutor, judge, civic leader, and preserver of the county's history; and

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WHEREAS, Judge Foster served three terms as mayor of Dallas from 1933 to 1939 and two productive terms in the Georgia House of Representatives from 1941 through 1944; and WHEREAS, he was an excellent Assistant Solicitor General of the Tallapoosa Judicial Circuit and an outstanding Judge of the Superior Court of the Tallapoosa Circuit; and WHEREAS, his many valuable civic and community activities included service as Chairman of the Paulding County Bicentennial Committee, as a member of the Georgia Semiquincentenary Commission, as founder and first president of the Paulding County Historical Society and as the official County Historian; and WHEREAS, he spent countless hours of hard work researching and compiling Paulding County: Its People and Places , which documents the county's history for the generations which will follow; and WHEREAS, the knowledge and wit Judge Foster shared in his column for the Dallas New Era , entitled Here Comes the Judge, will be sorely missed. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the U.S. 278 bridge over Pumpkinvine Creek in Paulding County, Georgia, is designated the Judge W. A. Foster, Jr., 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 Judge W. A. Foster, Jr., Bridge. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to the family of Judge W. A. Foster, Jr. Approved April 13, 1993.

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SYBLE BRANNAN PARKWAY DESIGNATED. No. 4 (Senate Resolution No. 69). A RESOLUTION Designating the Syble W. Brannan Parkway; and for other purposes. WHEREAS, Syble W. Brannan served as a city commissioner of the City of Cedartown, Georgia, for eight years and as chairperson for two years; and WHEREAS, she served the City of Cedartown proudly, faithfully, and with unselfish devotion in her elected position as city commissioner and chairperson; and WHEREAS, the City of Cedartown, during her terms in office, purchased land, developed a new industrial park, built new recreational facilities and improved others, renovated Peek Forest Park, enlarged the waste treatment plantand installed additional treatment facilities, and improved and modernizedother city services; and WHEREAS, Syble W. Brannan was very instrumental in the aforementioned improvements of this city, as well as in the formation of JEDCO, securing funds for the purchase and installation of Christmas lights on the main streets, and the development of city personnel policies; and WHEREAS, she represented the City of Cedartown and its citizens well through her membership, leadership, and participation in various organizations: as chairperson of the Sarah Hightower Regional Library Board, president of GMA Seventh District, member of Cedartown Development Authority, member of Polk County Board of Health, liaison of the Cedartown Auditorium Commission, member of the Coosa Valley Area Planning and Development Commission, and many others; and WHEREAS, Syble W. Brannan engaged in these endeavors as the first female elected to the Cedartown City Commission

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while practicing the fine human qualities of honesty, integrity, and total loyalty to the City of Cedartown; and WHEREAS, she was active all her life even to the days prior to her death on September 1, 1992; and WHEREAS, it is only fitting that proper recognition be given to this extraordinary woman of Cedartown, Georgia. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the road which constitutes The Cedartown Bypass (U.S. 27) beginning at its junction with the original route of U.S. 27 (now U.S. 27 Alt.) on the south side of Cedartown and running thence to its junction with the original route of U.S. 27 (now U.S. 27 Alt.) on the north side of Cedartown shall be designated as the syble W. Brannan Parkway. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate markers at appropriate locations designating said parkway 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. Approved April 13, 1993.

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STATE PROPERTY EASEMENT TO SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY IN RICHMOND COUNTY. No. 5 (Senate Resolution No. 115). A RESOLUTION Authorizing the granting of a nonexclusive easement for operation and maintenance of a telecommunications switching cabinet in, on, over, under, upon, across, or through property owned by the State of Georgia in Richmond County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, the State of Georgia is the owner of certain real property located in the 84th GMD of Richmond County, Georgia, which is in the custody of and utilized by the Georgia Department of Corrections; and WHEREAS, Southern Bell Telephone and Telegraph Company is enhancing and expanding its telecommunications network in portions of Richmond County; and WHEREAS, a portion of said enhanced and expanded telecommunications network must pass through the above-described state owned property; and WHEREAS, the commissioner of the Department of Corrections by letter dated July 20, 1992, recommends the granting of this easement to Southern Bell Telephone and Telegraph Company for the above-described purpose; and WHEREAS, the State Properties Commission, at its meeting of August 18, 1992, authorized the granting of a three-year revocable license agreement to Southern Bell Telephone and Telegraph Company for the above-stated purpose. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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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, its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a telecommunications switching cabinet in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, operating, maintaining, repairing, and replacing a telecommunications switching cabinet, 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 84th GMD of Richmond County, Georgia, and is more particularly described as follows: That portion and that portion only as shown on a plat entitled Grovetown Prison Tract prepared by John A. McGill, Georgia Registered Land Surveyor No. 1753, dated June 3, 1992, and 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 telecommunications switching cabinet. Section 4. 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 telecommunications switching cabinet. Section 5. That, after Southern Bell Telephone and Telegraph Company has put into use the telecommunications switching cabinet for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, its successors and assigns, of all the rights,

Page 1106

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, 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 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 for the fair market value thereof 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 this grant of easement shall be recorded by the grantee in the Superior Court of Richmond

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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 will 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 13, 1993. STATE PROPERTY EASEMENTS IN CALHOUN, CLINCH, FULTON, AND HALL COUNTIES TO GEORGIA POWER COMPANY AND THE CITY OF HOMERVILLE. No. 6 (Senate Resolution No. 118). A RESOLUTION Authorizing the granting of nonexclusive easements for operation and maintenance of ingress and egress and utility facilities in, on, over, under, upon, across, or through property owned by the State of Georgia in Calhoun, Clinch, Fulton, and Hall 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 Calhoun, Clinch, Fulton, and Hall counties, Georgia; and

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WHEREAS, Georgia Power Company and the City of Homerville desire to operate and maintain ingress and egress and utility facilities in, on, over, under, upon, across, or through a portion of said property; and WHEREAS, these ingress and egress and utility 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 Geo. L. Smith II Georgia World Congress Center Authority with respect to property under the jurisdiction and control of the World Congress Center and the Board of Corrections with respect to property under the jurisdiction and control of the Department of Corrections. 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 area and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. Section 2. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Georgia 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 Calhoun Correctional Institution, 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 162nd and 163rd Land Lots of the 3rd District of Calhoun County, Georgia, as is shown on drawings entitled Calhoun Correctional Institution dated August 9, 1989, on property in the custody of the Department of Corrections. This drawing indicating the easement

Page 1109

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 planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said power lines. Section 4. Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said power lines. Section 5. That, after Georgia 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, 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, its successors and assigns. Section 6. 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 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, Georgia Power Company shall remove or relocate its facilities at its sole cost and expense.

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Section 8. 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 9. 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 10. That this 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 11. 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 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. ARTICLE II Section 13. 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 14. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Homerville or its successors and assigns a nonexclusive easement for the construction, operation, and maintenance of an ingress and egress thoroughfare in, on, over, under, upon, across, or through the easement area for the purpose of constructing,

Page 1111

erecting, operating, maintaining, repairing, and replacing an ingress and egress 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 the 7th District, Land Lot 497 of Clinch County, Georgia, as shown on a plat of survey dated June 1, 1992, prepared by George T. White, Georgia Registered Land Surveyor No. 1929, on file in the office of the State Properties Commission. Section 15. That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said ingress and egress thoroughfare. Section 16. That the City of Homerville 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 ingress and egress thoroughfare. Section 17. That, after the City of Homerville has put into use the ingress and egress thoroughfare for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the City of Homerville 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, its successors and assigns. Section 18. That no title shall be conveyed to the City of Homerville and, except as herein specifically granted to the City of Homerville, 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 Homerville. Section 19. 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, the City of Homerville shall remove or relocate its facilities at its sole cost and expense. Section 20. That the easement granted to the City of Homerville 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 21. 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 22. That this grant of easement shall be recorded by the grantee in the Superior Court of Clinch County and a recorded copy shall be forwarded to the State Properties Commission. Section 23. That the authorization in this resolution to grant the above-described easement to the City of Homerville shall expire three years after the date that this resolution becomes effective. Section 24. 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 25. That the State of Georgia is the owner of the hereinafter described real property, hereinafter referred to as the easement area and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.

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Section 26. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Georgia Power Company or its successors and assigns a nonexclusive easement for the construction, operation, and maintenance of a power distribution line and poles in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, operating, maintaining, repairing, and replacing a power distribution line and poles, 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 83 of the 14th District of Fulton County, as shown on a drawing marked EXHIBIT A of that certain revocable license agreement listed as SPC 601.84 on property in the custody of the Geo. L. Smith II Georgia World Congress Center Authority prepared by Georgia Power Company on file in the office of the State Properties Commission, to be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval. Section 27. That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said power distribution line and poles. Section 28. That Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said power distribution line and poles. Section 29. That, after Georgia Power Company has put into use the power distribution line and poles for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Georgia Power Company 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, its successors and assigns.

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Section 30. 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 31. 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 32. 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 33. 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 34. That this 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. Section 35. 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.

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Section 36. 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 37. 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 38. 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 electrical distribution lines in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, operating, maintaining, repairing, and replacing electrical distribution lines, 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 411th GMD of Hall County, as shown on a drawing marked EXHIBIT A of that certain revocable license agreement dated December 4, 1992, listed as real property record number 8259, on property in the custody of the Georgia Department of Corrections on file in the office of the State Properties Commission, to be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval. Section 39. That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said electrical distribution lines. Section 40. That Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said electrical distribution lines.

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Section 41. That, after Georgia Power Company has put into use the electrical distribution lines for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Georgia Power Company 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, its successors and assigns. Section 42. 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 43. 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 44. 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 45. 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.

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Section 46. That this grant of easement shall be recorded by the grantee in the Superior Court of Hall County and a recorded copy shall be forwarded to the State Properties Commission. Section 47. 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 48. 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 49. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 50. That all laws and parts of laws in conflict with this resolution are repealed. Approved April 13, 1993. STATE PROPERTY EASEMENT TO THE CITY OF TYBEE ISLAND. No. 7 (Senate Resolution No. 121). A RESOLUTION Granting a nonexclusive easement for planning, construction, installation, operation, maintenance, repair, and renourishment of a certain beach area in, on, over, under, upon, across, or through property owned or claimed by the State of Georgia in Chatham County, Georgia; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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WHEREAS, the State of Georgia is the owner of a certain portion of real property located along the east shoreline of Tybee Island, beginning at the north terminal groin (Tybee Light House) and extending to an area just south of the southern end of the island and is more particularly shown on a depiction of the area prepared by the U.S. Army Corps of Engineers on file in the offices of the State Properties Commission; and WHEREAS, the City of Tybee Island is planning to renourish portions of the above-mentioned state owned or claimed beach area, as described above; and WHEREAS, the improvement of this above-described state owned property would be beneficial to the State of Georgia and public interests. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That the State of Georgia is the owner of the above-described real property, referred to in this resolution as the easement area. Section 2. That the State of Georgia hereby grants to the City of Tybee Island and its successors and assigns, without need of further act or instrument, a nonexclusive easement for the planning, construction, installation, operation, maintenance, repair, and renourishment of a beach renourishment area in, on, over, under, upon, across, or through the easement area for the purpose of planning, constructing, installing, operating, maintaining, repairing, and renourishing a beach area, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located on the eastern shoreline of Tybee Island, Chatham County, Georgia, more particularly described above. Section 3. That the above-described premises shall be used solely for the purpose of planning, constructing, installing, operating, maintaining, repairing, and renourishing said beach renourishment area.

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Section 4. That no title is conveyed to the City of Tybee Island and, except as specifically granted to the City of Tybee Island in this Resolution Act, all rights, title, and interest in and to said easement area are reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the City of Tybee Island. Section 5. That in the event that the easement area shall not be maintained for the purposes herein granted for a period of three consecutive months, then the City of Tybee Island, following service of a written notice from the Georgia Department of Natural Resources to cease its use of the facilities (said notice to constitute a termination of this easement), shall have no further rights, title, or interest in or to the beach renourishment area. Following said termination of this easement, at the Department of Natural Resources' request, the City of Tybee Island, pursuant to a proper resolution, shall properly execute and deliver to the State of Georgia for recording in the real property records in the office of the clerk of the Superior Court of Chatham County, Georgia, an affidavit, by a proper official, affecting title, acknowledging said termination, and evidencing for public records that the City of Tybee Island no longer has any rights, title, and interest in and to the said beach renourishment area. Section 6. That the City of Tybee Island shall be solely responsible for constructing, operating, repairing, and maintaining the beach renourishment area in a safe and proper manner. The State of Georgia shall have no duties or responsibilities for constructing, operating, repairing, maintaining, or supervising the beach renourishment. Section 7. That the City of Tybee Island will, and will require that its contractors will, indemnify and hold the State of Georgia, its officers, agents, servants, employees, departments, agencies, commissions, and authorities harmless from any and all liabilities due to the construction and operation of the beach renourishment authorized in this resolution. Section 8. That the consideration for this easement shall be $650.00 made payable to the State of Georgia and delivered

Page 1120

to the director of the Fiscal Division of the Department of Administrative Services and the mutual benefit to the parties from the construction, operation, and maintenance of said beach renourishment program. Section 9. That all notices hereunder, given by either party to the other, shall be in writing and sent by United States certified mail, postage prepaid, marked show to whom, date, and address of delivery to the party to be notified at such address as will be provided by the parties. The day upon which any such notice is mailed shall be the date of service. Either party may from time to time by notice to the other designate a different address to which notices shall be sent. Section 10. That all time limits stated herein are of the essence of this easement. Section 11. That the City of Tybee Island shall not assign this easement, or any interests herein, without the written consent of the State of Georgia, acting by and through the commissioner of natural resources, first having been obtained. The State of Georgia, acting by and through the commissioner of natural resources, in its sole discretion, may withhold or refuse to give its consent to any proposed assignment and to any proposed use or occupancy by any party other than the City of Tybee Island. Any assignment without the prior consent of the State of Georgia will be void ab initio and shall at the option of the State of Georgia terminate this easement. Consent to one assignment shall not invalidate this provision, and all later assignments shall likewise be made only on prior written consent of the State of Georgia. The terms assign and assignment used herein shall include assignment by operation of law. Section 12. That the City of Tybee Island will incorporate into any activities conducted pursuant to this easement such safety precautions as may be necessary to prevent the discharge of any oils, grease, or other pollutant materials into the waters of the Atlantic Ocean or onto property of the State of Georgia including the foreshore. That the City of Tybee Island will incorporate in any and all of its contracts or agreements for activities conducted pursuant

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to this easement a requirement that contractors will incorporate such safety precautions as may be necessary to prevent the discharge of any oils, grease, or other pollutant materials into the waters of the Atlantic Ocean or onto property of the State of Georgia including the foreshore. Excepted from this requirement are any contracts existing on the date of this easement between the City of Tybee Island and the Georgia Ports Authority and between the Georgia Ports Authority and the United States Army Corps of Engineers pertaining to the construction of the facilities. Section 13. That all operations which are conducted under this easement by the City of Tybee Island shall be: (a) in compliance with all applicable provisions of all state environmental and natural resources laws administered or enforced by the Georgia Department of Natural Resources or its successor and with all applicable policies of the Georgia Shore Protection Committee and Coastal Marshlands Protection Committee or their successors; and (b) subject to all regulations which may be lawfully adopted and promulgated under authority of any existing or future Act of the General Assembly of Georgia. Nothing herein shall be deemed to restrict the power of the State of Georgia or its agencies or political subdivisions to enforce all applicable provisions of law and all applicable regulations including local zoning powers. It is specifically provided that the Georgia Department of Natural Resourcesshall have the right and authority to inspect any portion of the dredging or renourishment operation during reasonable hours without giving prior notice. Section 14. That any taking, use, or disposition of any sand by the City of Tybee Island in contravention of any existing or future Act of the General Assembly of Georgia or of the Congress of the United States, or any existing or future regulation adopted and promulgated under authority of any existing or future Act of the General Assembly of Georgia or Congress of the United States, including, but not limited to, Article 2 of Chapter 5 of Title 12 of the O.C.G.A., the Georgia Water Quality Control Act, as amended; Part 3 of Article 2 of Chapter 4 of Vitle 12 of the O.C.G.A., the Georgia Surface Mining Act of 1968, as amended; Part 2 of Article 4 of Chapter 5 of Title 12 of the O.C.G.A., the Shore Protection Act, as amended; and

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Part 4 of Article 4 of Chapter 5 of Title 12 of the O.C.G.A., the Coastal Marshlands Protection Act of 1970, as amended, if applicable, or in contravention of any permit issued to the City of Tybee Island pursuant to any of the aforesaid Acts, statutes, or laws shall render this easement null and void. Section 15. That this grant of easement shall be recorded by the City of Tybee Island in the Superior Court of Chatham County and a recorded copy shall be forwarded to the State Properties Commission. Section 16. That the City of Tybee Island shall have and hold the premises so long as the premises are used for the purposes and in accordance with the terms and conditions herein set forth, or until terminated by the Georgia General Assembly, and without warranty of any type, kind, or nature whatsoever. Section 17. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 18. That all laws and parts of laws in conflict with this resolution are repealed. Approved April 13, 1993. STATE PROPERTY EASEMENT TO PLANTERS ELECTRIC MEMBERSHIP CORPORATION IN BURKE COUNTY. No. 8 (Senate Resolution No. 122). A RESOLUTION Authorizing the granting of a nonexclusive easement for operation and maintenance of overhead electrical transmission lines and towers in, on, over, under, upon, across, or through property owned by the State of Georgia in Burke County, Georgia;

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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 68th GMD of Burke County, Georgia, which is in the custody of and utilized by the Georgia Department of Natural Resources as the Yuchi Wildlife Management Area; and WHEREAS, Planters Electric Membership Corporation is providing enhanced and expanded electrical service in portions of Burke County; and WHEREAS, a portion of said enhanced and expanded electrical service must pass through the above-described state owned property; and WHEREAS, the Georgia Department of Natural Resources by resolution dated May 27, 1992, recommends the granting of this easement to Planters Electric Membership Corporation for the above-described purpose; and WHEREAS, the State Properties Commission at its meeting of June 17, 1992, authorized the issuance of a three-year revocable license to Planters Electric Membership Corporation 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 Planters Electric Membership Corporation, its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of overhead electrical transmission lines and towers in, on, over, under, upon, across, or through the easement area

Page 1124

for the purpose of constructing, erecting, operating, maintaining, repairing, and replacing overhead electrical transmission lines and towers, 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 68th GMD of Burke County, Georgia, and is more particularly described as follows: That portion and that portion only as shown on Exhibit A of that certain revocable license agreement dated July 13, 1992, real property record number 008213, on file in the offices of the State Properties Commission, and will be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented by the grantee to the State Properties Commission for approval. 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 overhead electrical transmission lines and towers. Section 4. That Planters Electric Membership Corporation shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said overhead electrical transmission lines and towers. Section 5. That, after Planters Electric Membership Corporation has put into use the overhead electrical transmission lines and towers for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Planters Electrical Membership 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, its successors and assigns. Section 6. That no title shall be conveyed to Planters Electric Membership Corporation, and, except as herein specifically

Page 1125

granted to Planters Electric Membership Corporation, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Planters Electric Membership Corporation. Section 7. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated in order to avoid interference with the state's use or intended use of the easement area, Planters Electric Membership Corporation shall remove or relocate its facilities at its sole cost and expense. Section 8. That the easement granted to Planters Electric Membership Corporation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted. Section 9. That the consideration for such easement shall be the fair market value thereof 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 this grant of easement shall be recorded by the grantee in the Superior Court of Burke 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 Planters Electric Membership Corporation shall expire three years after the date that this resolution becomes effective.

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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 13, 1993. STATE PROPERTY EASEMENTS IN CHATHAM COUNTY. No. 9 (Senate Resolution No. 127) A RESOLUTION Authorizing the conveyance of certain state property and the granting of certain nonexclusive easements for operation and maintenance of a thoroughfare and for other purposes in, on, over, under, upon, across, or through property owned by the State of Georgia in Chatham County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS: (1) The State of Georgia is the owner of certain real property located in Chatham County, Georgia, which is in the custody of and utilized by the Georgia Department of Defense; and (2) Said real property is all those tracts or parcels of land lying and being in Chatham County, Georgia, lying in and being a part of the 4th and 6th GMDs, according to drawings entitled Waters Avenue Widening prepared by EMC Engineering Services, Inc. on file with the State

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Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented by grantee to the State Properties Commission for approval; and (3) Chatham County is refurbishing and expanding a portion of Eisenhower Drive and Waters Avenue in Chatham County; and (4) A portion of said refurbished and expanded thoroughfare must pass through the above-described state owned property; and (5) It is in the best interest of Chatham County and the State of Georgia for the State of Georgia to convey a portion of the above-described state owned property and to grant a nonexclusive easement over certain other portions of the above-described state owned property to Chatham County, Georgia; and (6) The State Properties Commission at its meeting of November 17, 1992, authorized the granting of a three-year revocable license for the above-stated purpose; and (7) The Department of Defense by letter dated June 16, 1992, recommends the conveyance of the state owned property and the granting of this easement to Chatham County for the above-described purpose; and WHEREAS: (1) The State of Georgia is the owner of certain river bottoms located in Chatham County upon which there are structures suitable for human habitation which were built during the period 1947 through 1968 by owners who claimed a right of use of said river bottoms; and (2) Those structures are assessed by Chatham County for ad valorem taxes which are paid annually by the owners of said structures; and

Page 1128

(3) The said structures may be identified as those structures (hereinafter in this resolution referred to and described as the structures or said structures) which are presently located in the rivers and streams immediately adjacent to parcels 1-5, 2-5, and 2-6 on county tax map SAV.-768 and Parcels 1-6B, 1-8, 1-13, 1-15, 1-16, 1-17, 1-18, and 1-19 on county tax map CO-995, copies of said county tax maps being on file in the office of the State Properties Commission; and (4) The said structures are physically in compliance with all applicable state and federal laws concerning permits, building codes, and sewage disposal; and (5) It is desirable and will be a benefit to the State of Georgia and Chatham County to clarify the status of the title and right of the owners of said structures to use, occupy, and maintain the structures upon which they have paid taxes for over two decades by granting to them a nonexclusive easement in and to the state's property for the use, occupancy, and maintenance of said structures only. 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 hereinabove described real property in Chatham County in the 4th and 6th GMDs, a portion of which is hereinafter referred to in this article as the easement area and that, in all matters relating to the conveyance of the real property and the granting of the easement, the State of Georgia is acting by and through its State Properties Commission. (b) That a portion of the above-described real property shall be sold and conveyed by appropriate instrument to Chatham County by the State of Georgia, acting by and through its State Properties Commission, for a consideration based upon the fair market value of such property but not less than $650.00 and upon such further consideration and provisions as the State

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Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia. (c) That the State of Georgia, acting by and through its State Properties Commission, may grant to Chatham County, its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a refurbished and expanded thoroughfare in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, operating, maintaining, repairing, and replacing a refurbished and expanded 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 the 4th and 6th GMDs of Chatham County, Georgia. (d) That the above-described easement area shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said thoroughfare. (e) That Chatham County shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said thoroughfare. (f) That, after Chatham County 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, its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Chatham 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, its successors and assigns. (g) That no title shall be conveyed to Chatham County, and, except as herein specifically granted to Chatham County, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said

Page 1130

easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Chatham County. (h) 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, Chatham County shall remove or relocate its facilities at its sole cost and expense. (i) That the easement granted to Chatham County shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use 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. (j) That this conveyance and grant of easement 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. ARTICLE II Section 2. (a) That the State of Georgia is the owner of the river bottoms in Chatham County hereinabove described upon which the structures described above are located and that, in all matters relating to the conveyance of a nonexclusive easement to the owners of the structures, the State of Georgia is acting by and through its State Properties Commission. (b) That a nonexclusive easement for the use, occupancy, and maintenance of any structures described above shall be granted by appropriate instrument to the owner or owners of any structure 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.

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(c) That the area of the nonexclusive easement granted each owner shall be no more than is reasonably necessary for the owner to use, occupy, and maintain the structure located thereon as of March 1, 1993, 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. (d) That no title shall be conveyed to the owner or owners of a structure, and, except as herein specifically granted to such owner or owners, 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 said owner or owners. (e) That any easement granted to an owner or owners of a structure 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 to be granted, so long as the description utilized by the State Properties Commission describes the same easement area herein granted. (f) That the conveyance and grant of easement given any owner or owners of a structure shall be recorded by the said owner or owners in the Superior Court of Chatham County and a recorded copy shall be forwarded to the State Properties Commission. ARTICLE III Section 3. That the authorization in this resolution to convey the above-described property to Chatham County and to grant the nonexclusive easements to Chatham County and the other grantees 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 the grant of the easement area.

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Section 5. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 6. That all laws and parts of laws in conflict with this resolution are repealed. Approved April 13, 1993. STATE PROPERTY EASEMENT TO GEORGIA POWER COMPANY IN CARROLL COUNTY. No. 10 (Senate Resolution No. 142). A RESOLUTION Authorizing the granting of an easement on, over, under, upon, across, or through property owned by the State of Georgia in Carroll County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, the Georgia Department of Transportation is the owner of certain real property located in Carroll County, Georgia; and WHEREAS, said real property is described as follows: All that tract or parcel of land situate, lying and being in Land Lots 92 and 93 of the 10th Land District of Carroll County, Georgia, and being more particularly described as follows: To establish the POINT OF BEGINNING commence at the corner of the intersection formed by the Southwest right-of-way line of Georgia Power Company's existing Bremen-Carrollton Transmission Line right-of-way (150 foot right-of-way) with the property line common to lands of Oscar William Roberts, Jr. Estate and lands of E. N. Chambers, also being the land lot line common to Land Lots 92 and 93 10th Land District, Carroll County, Georgia, and also being the Carrollton city limits line; extending thence South

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01 15' 57 West along said property line, land lot line and city limits line 172.25 feet to the Southwest property corner of lands of Oscar William Roberts, Jr. Estate; thence North 89 54' 29 East along said property line and city limits line 99.76 feet to a point; thence South 06 53' 16 East 379.23 feet to the property corner common to lands of C. E. Traylor, et al, lands of E. N. Chambers and lands of Georgia Department of Transportation, which is the POINT OF BEGINNING; thence from said POINT OF BEGINNING South 06 53' 16 East 888.24 feet to a point; thence South 03 15' 48 East 526.83 feet to a point; thence South 14 33' 38 East 22.82 feet to the Northwest right-of-way line of Georgia State Route No. 166 (right-of-way varies); thence in a Southwesterly direction along said Northwest right-of-way line having a curve to the right with an arc distance of 151.40 feet and a radius distance of 1869.90 feet (chord bearing and distance of South 67 53' West 151.30 feet) to a point; thence North 14 33' 38 West 57.57 feet to a point; thence North 03 15' 48 West along a portion of the property line common to lands of E. N. Chambers and lands of Georgia Department of Transportation 536.92 feet to a right-of-way marker found; thence North 06 53' 16 West 1287.15 feet to the property line common to lands of E. N. Chambers and lands of the Undersigned; thence South 27' 16' 22 East along said property line 430.63 feet to the POINT OF BEGINNING, said tract containing 5.719 acres, more or less; and WHEREAS, the real property is under the custody and management of the Georgia Department of Transportation and said department is in favor of granting this easement and would receive benefit therefrom; and WHEREAS, Georgia Power Company is desirous of obtaining an easement over said real property to improve and enhance its facilities. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That the Georgia Department of Transportation is the owner of the above-described real property and is

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authorized to grant to Georgia Power Company an easement on, over, under, upon, across, or through such described real property. Section 2. That the easement over such real property as provided for in Section 1 of this Resolution shall be granted by appropriate instrument to Georgia Power Company by the Georgia Department of Transportation, acting by and through its commissioner, for a consideration of $37,000.00, being the fair market value thereof, and upon such further conditions and consideration as determined by the commissioner to be in the best interest of the State of Georgia. Section 3. That the Department of Transportation, acting by and through its commissioner, is authorized and empowered to do all acts and things necessary and proper to effect the granting of such easement. Section 4. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 5. That all laws and parts of laws in conflict with this resolution are repealed. Approved April 13, 1993. STATE PROPERTY RHODES MEMORIAL HALL; RENTAL TO THE GEORGIA TRUST FOR HISTORIC PRESERVATION, INC. No. 11 (Senate Resolution No. 153). A RESOLUTION Authorizing the State Properties Commission, acting for and on behalf of the State of Georgia, the Secretary of State, and its Department of Archives and History, to enter into a rental agreement, as that term is defined in paragraph (9) of

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Code Section 50-16-31 of the Official Code of Georgia Annotated, concerning certain state owned improved real property located within the City of Atlanta, Fulton County, Georgia, and known as Rhodes Memorial Hall, with The Georgia Trust For Historic Preservation, Inc.; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, on June 10, 1929, J. D. Rhodes and Louanna Rhodes Bricker, as executors of the estate of A. G. Rhodes, deceased, and as sole legatees under the will of A. G. Rhodes, and as sole heirs at law of A. G. Rhodes, conveyed, as a gift to the State of Georgia, by a deed recorded in Deed Book 1275, page 323, in the office of the clerk of the Superior Court of Fulton County, Georgia, that certain improved real property located at 1516 Peachtree Street, N. E., Atlanta, Fulton County, Georgia, currently known as Rhodes Memorial Hall; and WHEREAS, the operation of Rhodes Memorial Hall has been administered by the Department of Archives and History, a division of the office of the Secretary of State; and WHEREAS, The Georgia Trust For Historic Preservation, Inc., hereinafter throughout this resolution referred to as the Trust, is a nonprofit Georgia corporation dedicated to promoting the appreciation and preservation of the cultural heritage of Georgia, including historic structures located throughout Georgia; and WHEREAS, the custody of Rhodes Memorial Hall is currently vested in the State Properties Commission; and WHEREAS, under a rental agreement dated July 19, 1983, with the State Properties Commission, which is acting for and on behalf of the State of Georgia and its Department of Archives and History, a division of the office of the Secretary of State of the State of Georgia, the Trust is occupying and using Rhodes Memorial Hall as its headquarters, as a museum, exhibit and lecture hall facility, and as a facility for receptions, public meetings, and other means of promoting the appreciation and preservation of the cultural heritage of Georgia; and

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WHEREAS, all parties to the said rental agreement desire that such Trust continue to occupy and use Rhodes Memorial Hall for a term which shall end not later than September 1, 1995; and WHEREAS, it is in the best interest of the State of Georgia that such Trust continue to occupy and use Rhodes Memorial Hall in order to promote the appreciation and preservation of the cultural heritage of Georgia, including historic structures located throughout 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 that certain improved real property located at 1516 Peachtree Street, N. E., Atlanta, Fulton County, Georgia, currently known as Rhodes Memorial Hall. Section 2. That the State Properties Commission, acting for and on behalf of the State of Georgia, the Secretary of State, and its Department of Archives and History, is authorized and empowered to enter into a rental agreement, as that term is defined in paragraph (9) of Code Section 50-16-31 of the Official Code of Georgia Annotated, with The Georgia Trust For Historic Preservation, Inc., for the occupancy and use of Rhodes Memorial Hall. Section 3. That as consideration for the said rental agreement, The Georgia Trust For Historic Preservation, Inc., shall promise the following: (1) That the term of the said rental agreement shall end not later than September 1, 1995; (2) That The Georgia Trust For Historic Preservation, Inc., will occupy and use Rhodes Memorial Hall as its headquarters, and, for the benefit of the public, as a museum, exhibit and lecture hall facility, and as a facility for receptions, public meetings, and other means of promoting the appreciation and preservation of the cultural heritage of Georgia; and

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(3) That The Georgia Trust For Historic Preservation, Inc., covenant in the said rental agreement that it shall use good faith efforts, so that its occupancy and use of Rhodes Memorial Hall will at all times comply with the conditions set forth in the above-referenced deed conveying Rhodes Memorial Hall to the State of Georgia. Section 4. That the said rental agreement shall be upon such other terms and conditions as the State Properties Commission shall prescribe to be in the best interests of the State of Georgia. Section 5. That the State Properties Commission is authorized and empowered to do all acts and things necessary to effect such rental agreement. 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 13, 1993. LUCIUS D. CLAY MEMORIAL PARKWAY DESIGNATED. No. 12 (Senate Resolution No. 158). A RESOLUTION Designating the Lucius D. Clay Memorial Parkway; and for other purposes. WHEREAS, General Lucius DuBignon Clay was born in Marietta, Georgia, on April 23, 1897, the son of Georgia's distinguished United States Senator Alexander Stephens Clay; and

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WHEREAS, Lucius D. Clay entered the United States Military Academy in 1915, graduated three years later, and was immediately promoted to the rank of Captain in the Corps of Engineers; and WHEREAS, General Lucius D. Clay served his nation during World War I and World War II, where he developed a reputation as a man who could bring order out of chaos and one who could get things done, often where others had failed; and WHEREAS, during his brilliant military career, he served as a member of General Douglas MacArthur's staff in the Philippines; he organized and directed the first national defense program of airport construction, for which he received the Legion of Merit and a promotion to brigadier general; he was appointed Director of Materiel, Army Service Forces, where he was responsible for production and procurement programs supporting the troops in the field, earning the Bronze Star and the Distinguished Service Medal; at the end of World War II, he was called to Germany to serve as deputy for civil affairs under General Eisenhower, for which he earned an Oak Leaf Cluster for his Distinguished Service Medal, promotion to full general, and appointment as military governor of Germany and commander of the United States Armed Forces in Europe; upon his return to the United States, he was given a well-deserved hero's welcome of a ticker-tape parade, an appearance before a joint session of Congress, and the second Oak Leaf Cluster; and WHEREAS, at the youthful age of 52, General Lucius D. Clay retired from the army and began an extremely successful business career, elected chairman of the board and chief executive officer of Continental Can Company which under his extraordinary leadership grew to a multibillion dollar business prior to his retirement at age 65; and WHEREAS, unwilling to rest on his laurels, General Clay continued to be active in the business world as a senior partner in the investment banking house of Lehman Brothers, acted as adviser to Presidents Eisenhower and Kennedy on foreign affairs, served as Chairman of the National Finance Committee of the Republican Party, and continued to be a respected and admired business and civic leader to his final days; and

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WHEREAS, the distinguished Senator from the 37th District of Georgia, which encompasses Marietta, Georgia, the birthplace of General Lucius D. Clay, is Charles C. Clay, the grandson of this truly remarkable man; and WHEREAS, it is only fitting and proper to recognize the truly outstanding service of this genuine American hero and native son of Georgia. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body do commend General Lucius D. Clay for a lifetime of dedicated service to his nation. BE IT FURTHER RESOLVED that the portion of South Cobb Drive from the Atlanta Road Bridge going past Lockheed and ending at the intersection with Interstate 75 at Delk Road be known as the General Lucius D. Clay Memorial Parkway. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate markers so designating said parkway. BE IT FURTHER RESOLVED that this Resolution shall become effective on September 1, 1993. Approved April 13, 1993. STATE PROPERTY EASEMENT TO THE MUNICIPAL ELECTRIC AUTHORITY OF GEORGIA IN CRISP COUNTY; TITLE TO THE CITY OF MANCHESTER. No. 13 (Senate Resolution No. 180). A RESOLUTION Authorizing the granting of a nonexclusive easement for operation and maintenance of electrical transmission lines in,

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on, over, under, upon, across, or through property owned by the State of Georgia in Crisp County, Georgia; authorizing the granting of a quitclaim deed, affidavit, or other interest evidencing that the state has not accepted title to and has no intent to use certain property in Meriwether County and grants or affirms title to such property to the City of Manchester, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS: (1) The State of Georgia is the owner of certain real property located in the 203rd and 204th land lots of the 10th District of Crisp County, Georgia, which is in the custody of and utilized by the Georgia Department of Agriculture at the Cordele Farmers Market; and (2) The Municipal Electric Authority of Georgia is expanding its electrical service in portions of Crisp County; and (3) A portion of said expanded electrical service must pass through the above-described state owned property; and (4) The Georgia Department of Agriculture by letter dated June 8, 1992, recommends the granting of this easement to the Municipal Electric Authority of Georgia for the above-described purpose; and (5) The State Properties Commission, at its meeting of June 17, 1992, authorized the granting of a three-year revocable license agreement to the Municipal Electric Authority of Georgia for the above-described purpose; and WHEREAS: (1) The City of Manchester intended to convey to the state a certain 6.005 acre tract of property in Meriwether County for the purpose of establishing a commercial driver's license facility; and

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(2) The City of Manchester did prepare and record in Meriwether County a warranty deed to bring about the above-described conveyance; and (3) Said property is described as all that tract or parcel of land lying and being in Land Lot 12 of the First Land District of Meriwether County, Georgia and in the City of Manchester, containing 6.005 acres and more particularly described as Lot 10 and shown on a plat of survey for the Development Authority of the City of Manchester which plat is dated September 20, 1988 and recorded in Plat Book 13, Page 101, in the Office of the Clerk of Meriwether Superior Court; and (4) The Department of Public Safety has determined no need for a commercial driver's license facility to be located in Meriwether County; and (5) The City of Manchester is desirous of utilizing the above-described property for city purposes and has requested that the state relinquish any claim it may have on the above-described property. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE 1 Section 1. That the State of Georgia is the owner of the hereinafter described real property in Crisp County, hereinafter referred to as the easement area and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. Section 2. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Municipal Electric Authority of Georgia, its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of electrical transmission lines in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, operating, maintaining, repairing, and replacing electrical transmission lines, together with the right of

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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 203rd and 204th land lots of the 10th District of Crisp County, Georgia, and is more particularly described as follows: Commencing at the point where the north line of Land Lot 203 intersects the southeasterly right-of-way margin of the Seaboard Coastal Railroad; thence south 88 degrees 28 minutes 36 seconds east 169.4 feet along the north line of Land Lot 204 to the point of beginning; thence north 01 degrees 33 minutes 20 seconds east 156.94 feet to the southeasterly right-of-way margin of the Seaboard Coastline Railroad; thence north 48 degrees 43 minutes 34 seconds east 68.18 feet along said railroad right-of-way margin; thence south 01 degrees 33 minutes 20 seconds west 359.24 feet; thence south 34 degrees 04 minutes 42 seconds east 102.79 feet to the northerly right-of-way margin of a railroad spur tract; thence north 88 degrees 26 minutes 53 seconds west 94.89 feet along the northerly right-of-way margin of said railroad spur tract; thence north 01 degrees 33 minutes 20 seconds east 46.56 feet; thence north 34 degrees 04 minutes 42 seconds west 25.76 feet; thence north 01 degrees 33 minutes 20 seconds east 25.75 feet; thence north 34 degrees 04 minutes 42 seconds west 71.04 feet; thence north 55 degrees 55 minutes 18 seconds east 20.00 feet; thence south 34 degrees 04 minutes 42 seconds east 43.14 feet; thence north 01 degrees 33 minutes 20 seconds east 111.94 feet to the north line of Land Lot 203 and the point of beginning. Said tract of land contains 0.546 acres, more or less. 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 electrical transmission lines. Section 4. The Municipal Electric Authority of Georgia 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 transmission lines.

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Section 5. That, after the Municipal Electric Authority of Georgia has put into use the electrical transmission lines for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Municipal Electric Authority of Georgia, 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, its successors and assigns. Section 6. That no title shall be conveyed to the Municipal Electric Authority of Georgia, and, except as herein specifically granted to the Municipal Electric Authority of Georgia, 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 Municipal Electric Authority of Georgia. Section 7. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated in order to avoid interference with the state's use or intended use of the easement area, the Municipal Electric Authority of Georgia shall remove or relocate its facilities at its sole cost and expense. Section 8. That the easement granted to the Municipal Electric Authority of Georgia 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 for the fair market value thereof but not less than $650.00 and upon such further consideration and provisions as

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the State Properties Commission may determine to be in the best interest of the State of Georgia. Section 10. That this grant of easement shall be recorded by the grantee in the Superior Court of Crisp 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 the Municipal Electric Authority of Georgia 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. ARTICLE 2 Section 13. The State of Georgia acting by and through its State Properties Commission may confirm by quitclaim deed, affidavit, or any other instrument that the state has not accepted title to the above-described property in Meriwether County and in any event has no intent to use the above-described property in Meriwether County for the intended purposes and, therefore, grants or affirms, as the case may be, title to the City of Manchester, Meriwether County. Section 14. That the consideration for such instrument shall be $10.00 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. ARTICLE 3 Section 15. 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 16. That all laws and parts of laws in conflict with this resolution are repealed. Approved April 13, 1993. STATE PROPERTY CONVEYANCE TO GLYNN COUNTY; STATE FORESTRY COMMISSION FACILITIES; CONVEYANCE TO THE BOARD OF EDUCATION OF BULLOCH COUNTY. No. 14 (Senate Resolution No. 200). A RESOLUTION Authorizing the conveyance of an interest in real property or other right in certain state owned real property to Glynn County in return for the county's financing of construction of certain improvements thereon by the state; to empower the State Forestry Commission, Glynn County, and the State Properties Commission to provide further the terms and conditions of such an undertaking; authorizing the conveyance of certain state owned real property located in Bulloch 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 all that certain parcel of land lying and being in Glynn County, Georgia, in the 1499th GMD, containing 4.9 acres, more or less according to a survey prepared by Hugh D. Thomas, Georgia Registered Land Surveyor No. 1395, dated January 31, 1990, on file with the State Properties Commission (the State Property); (2) The State Property is under the custody and management of the State Forestry Commission;

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(3) The State Forestry Commission presently occupies a headquarters, fire-fighting, and radio tower facility on property of Glynn County (the County Property) by prior agreement with the county; and (4) Glynn County desires to make its own use of the County Property and is willing to finance the construction of a replacement headquarters, fire-fighting, and radio tower facility substantially equivalent to the present facilities (the replacement facility) for the State Forestry Commission on the State Property, on the condition, however, that the replacement facility be used by the State Forestry Commission to provide forestry services in Glynn County for a period of time; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Bulloch County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in the 1209th G.M. District of Bulloch County, Georgia, more particularly described as follows: Beginning at a wire fence on the southwest side of U.S. Highway No. 80 at the northwest line of the B. H. Ramsey, Sr. property; thence south 64 degrees west along said fence and B. H. Ramsey, Sr. line a distance of 400 feet to an iron pin; thence north 32 degrees 45 minutes west along the line of property of J. Roy Kelley, W. C. Hodges, Hubert Smith and Clarence Brack a distance of 200 feet to an iron pin; thence north 64 degrees east and continuing along the line of said Kelley, Hodges, Smith and Brack property a distance of 400 feet to an iron pin on the southwest side of U.S. Highway No. 80; thence south 32 degrees 45 minutes east along the southwest side of said highway a distance of 200 feet to the point of beginning; (3) Said property containing approximately 1.3 acres is under the custody of the Georgia Department of Agriculture;

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(4) The Bulloch County Board of Education has leased the subject property since 1976 and is desirous of acquiring the subject property in order to make certain improvements; and (5) Said parcel of property is not being utilized by the Department of Agriculture and is therefore surplus to its needs. 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 above-described state property in Glynn County. In all matters relating to the conveyance of any real property interest in the state property pursuant to this article, or any other right for its use, the State of Georgia shall act by and through its State Properties Commission. Section 2. (a) That, subject to the approval of the State Properties Commission, Glynn County and the State Forestry Commission may enter into an agreement for a period not exceeding 50 years which provides for the vacation of the county property by the State Forestry Commission, for the construction of the replacement facility by the state on the state property in Glynn County and for the financing of such construction or payment for such construction by Glynn County. (b) That such agreement may require that Glynn County pay the actual reasonable cost incurred by the state in designing and constructing the replacement facility, up to $95,000. If the agreement does so provide, the State Properties Commission and the State Forestry Commission may agree to a condition in favor of Glynn County, stated generally as follows: If before the end of the term of the agreement the State Forestry Commission shall cease to occupy and operate the replacement facility for the purposes for which it was intended, so as to constitute an abandonment of the property, the state will convey title to the state property, including the replacement facility, to Glynn County. The parties may specify a period of time of consecutive

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nonuse of the replacement facility, which period of nonuse shall be deemed to be prima-facie evidence of intent to abandon the property. Section 3. That if such an agreement between Glynn County and the State Forestry Commission has not been joined in or otherwise approved by the State Properties Commission within three years after this article becomes law, this article shall have no further force and effect. Section 4. That any conveyance of an interest in real property pursuant to this article shall be recorded by the grantee in the real property records of the Superior Court of Glynn County and a recorded copy shall be forwarded to the State Properties Commission. ARTICLE II Section 5. That the State of Georgia is the owner of the above-described real property in Bulloch County 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 6. That the above-described real property in Bulloch County shall be conveyed by appropriate instrument to the Bulloch County Board of Education by the State of Georgia, acting by and through the State Properties Commission, for a consideration of $650.00 so 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 7. That the above-referenced lease agreement between the State of Georgia and the Bulloch County Board of Education dated October 15, 1976, having a term of 25 years shall be extinguished upon conveyance of the above-described property. Section 8. That if the Bulloch County Board of Education determines the need to convey all or a portion of the above-described property to a private person or corporation or

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other entity, then, before any such disposition, the State Properties Commission shall have first approved both the disposition and the monetary consideration for said disposition, which consideration shall not be less than the fair market value of such property. Any such State Properties Commission approval shall be conditioned on said monetary consideration, less any incurred expenses of disposition which have been approved by the State Properties Commission, being received and deposited by the State Properties Commission into the treasury of the State of Georgia. Section 9. That the authorization in this article to convey the above-described property to the Bulloch County Board of Education shall expire three years after the date that this article becomes effective. 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 deed of conveyance shall be recorded by the grantee in the Superior Court of Bulloch County and a recorded copy shall be forwarded to the State Properties Commission. ARTICLE III 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 13, 1993.

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STATE PROPERTY EASEMENT TO COBB COUNTY. No. 15 (Senate Resolution No. 208). A RESOLUTION Authorizing the granting of a nonexclusive easement for operation and maintenance of a transportation thoroughfare 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 Lot 333 of the 19th District of Cobb County, Georgia, which is in the custody of and utilized by the Georgia Department of Human Resources as a regional youth detention center; and WHEREAS, Cobb County is enhancing and expanding a portion of County Farm Road in a portion of Cobb County; and WHEREAS, a portion of said enhanced and expanded transportation thoroughfare known as County Farm Road must pass through the above-described state owned property; and WHEREAS, the Department of Human Resources has no objection to the granting of a nonexclusive easement 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 Cobb County, its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a transportation

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thoroughfare in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, operating, maintaining, repairing, and replacing a transportation 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 333 the 19th District of Cobb County, Georgia, and is more particularly described as follows: That portion and that portion only marked in yellow as shown on a drawing prepared by Cobb County Department of Transportation entitled Project No. 7176, Sheet RW-7, and on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented by Cobb County to the State Properties Commission for approval. 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 transportation thoroughfare. Section 4. Cobb County shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said transportation thoroughfare. Section 5. That, after Cobb County has put into use the transportation thoroughfare for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Cobb County, or its successors and assigns, shall have the option of removing its thoroughfare from the easement area or leaving the same in place, in which event the thoroughfare shall become the property of the State of Georgia, its successors and assigns.

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Section 6. That no title shall be conveyed to Cobb County, and, except as herein specifically granted to Cobb 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 Cobb County. Section 7. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the thoroughfare 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 shall remove or relocate its thoroughfare at its sole cost and expense. Section 8. That the easement granted to Cobb 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 for the fair market value thereof 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 this 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 11. That the authorization in this resolution to grant the above-described easement to Cobb County will expire three years after the date that this resolution becomes effective.

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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 13, 1993. STATE PROPERTY LEASE TO THE CARTER CENTER, INC. No. 16 (Senate Resolution No. 226). A RESOLUTION Authorizing the lease of certain state owned real property located in Fulton County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, the Georgia Department of Transportation is the owner of certain real property located in Fulton County, Georgia; and WHEREAS, said real property is described as follows: Being a tract or parcel of land lying and being in Land Lot 15 of the 14th District of Fulton County, Georgia, being more particularly described as follows: Commencing at the intersection of North Highland Avenue and Washita Avenue coordinate value of N 1369544.0290 - E 442823.1232; proceeding thence North 68 50' 09 West a distance of 357.20 feet to a point, said point being the True Point of Beginning; proceeding thence southerly 108.97 feet along the arc of a curve to the right, said curve having a radius of 942.50 feet

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and being subtended by a chord bearing and distance of South 18 24' 59 West 108.91 feet to a point; proceeding thence southwesterly 112.87 feet along the arc of a curve to the right, said curve having a radius of 401.76 feet and being subtended by a chord bearing and distance of South 31 36' 38 West 112.50 feet to a point; proceeding thence southwesterly 182.39 feet along the arc of a curve to the right, said curve having a radius of 392.50 feet and being subtended by a chord bearing and distance of South 56 11' 00 West 180.76 feet to a point; proceeding thence westerly 252.60 feet along the arc of a curve to the right, said curve having a radius of 505.14 feet and being subtended by a chord bearing and distance of South 89 56' 39 West 249.98 feet to a point; proceeding thence North 75 43' 49 West a distance of 145.70 feet to a point; proceeding thence northwesterly 354.37 feet along the arc of a curve to the right, said curve having a radius of 401.76 feet and being subtended by a chord bearing and distance of North 50 27' 39 West 343.00 feet to a point; proceeding thence North 30 26' 13 East a distance of 74.99 feet to a point proceeding thence North 24 36' 09 East a distance of 50.10 feet to a point; proceeding thence northerly 280.06 feet along the arc of a curve to the left, said curve having a radius of 756.70 feet and being subtended by a chord bearing and distance of North 17 33' 59 East 278.46 feet to a point; proceeding thence North 83 40' 26 East a distance of 94.69 feet to a point; proceeding thence North 06 19' 34 West a distance of 10.00 feet to a point; proceeding thence westerly, northwesterly and northerly 120.25 feet along the arc of a curve to the right, said curve having a radius of 75.00 feet and being subtended by a chord bearing and distance of North 50 23' 45 West 107.77 feet to a point; proceeding thence northerly 139.00 feet along the arc of a curve to the left, said curve having a radius of 1,495.00 feet and being subtended by a chord bearing and distance of North 01 19' 10 West 138.95 feet to a point; proceeding thence North 02 44' 06 West a distance of 205.59 feet to a point; proceeding thence North 08 42' 42 West a distance of 50.11 feet to a point; proceeding thence North 00 35' 22 West a distance of 65.81 feet to a point; proceeding thence South 84 40' 10 West a distance of 4.50 feet to a point; proceeding thence northerly 77.61 feet along the arc of a curve to the left, said curve having a radius

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of 4,092.83 feet and being subtended by a chord bearing and distance of North 05 52' 25 West 77.60 feet to a point; proceeding thence 67 37' 45 East a distance of 138.78 feet to a point; proceeding thence easterly 168.09 feet along the arc of a curve to the right, said curve having a radius of 720.00 feet and being subtended by a chord bearing and distance of North 74 19' 02 East 167.71 feet to a point; proceeding thence easterly 36.98 feet along the arc of a curve to the right, said curve having a radius of 401.76 feet and being subtended by a chord bearing and distance of South 87 42' 57 East 36.96 feet to a point; proceeding thence easterly 108.97 feet along the arc of a curve to the right, said curve having a radius of 942.50 feet and being subtended by a chord bearing and distance of South 79 55' 59 East 108.91 feet to a point; proceeding thence South 77 22' 45 East a distance of 130.12 feet to a point; proceeding thence easterly 35.32 feet along the arc of a curve to the left, said curve having a radius of 957.50 feet and being subtended by a chord bearing and distance of South 78 12' 00 East 35.32 feet to a point; proceeding thence easterly 223.13 feet along the arc of a curve to the left, said curve having a radius of 416.76 feet and being subtended by a chord bearing and distance of North 84 49' 58 East 220.48 feet to a point; proceeding thence easterly 35.32 feet along the arc of a curve to the left, said curve having a radius of 957.50 feet and being subtended by a chord bearing and distance of North 67 51' 52 East 35.32 feet to a point; proceeding thence North 67 02' 38 East a distance of 43.69 feet to a point; proceeding thence easterly 99.54 feet along the arc of a curve to the right, said curve having a radius of 1,442.50 feet and being subtended by a chord bearing and distance of North 68 12' 29 East 99.53 feet to a point; proceeding thence easterly 41.49 feet along the arc of a curve to the right, said curve having a radius of 811.01 feet and being subtended by a chord bearing and distance of North 72 00' 35 East 41.48 feet to a point; proceeding thence North 83 11' 13 East a distance of 178.39 feet to a point; proceeding thence easterly, southeasterly, southerly and southwesterly 306.02 feet along the arc of a curve to the right, said curve having a radius of 142.50 feet and being subtended by a chord bearing and distance of South 35 17' 26 East 250.52 feet to a point; proceeding thence South 26 13' 55 West a distance of 199.04

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feet to a point; proceeding thence southwesterly 354.03 feet along the arc of a curve to the right, said curve having a radius of 4,576.16 feet and being subtended by a chord bearing and distance of South 32 50' 03 West 353.94 feet to a point; proceeding thence South 35 02' 37 West a distance of 2.28 feet to a point; proceeding thence southwesterly 372.84 feet along the arc of a curve to the left, said curve having a radius of 4,591.16 feet and being subtended by a chord bearing and distance of South 32 43' 26 West 372.74 feet to a point; proceeding thence South 30 23' 24 West a distance of 4.08 feet to a point; proceeding thence southwesterly 35.32 feet along the arc of a curve to the left, said curve having a radius of 957.50 feet and being subtended by a chord bearing and distance of South 29 34' 37 West 35.32 feet to a point; proceeding thence southwesterly 70.09 feet along the arc of a curve to the left, said curve having a radius of 416.76 feet and being subtended by a chord bearing and distance of South 23 07' 47 West 70.00 feet to a point; proceeding thence southerly 35.32 feet along the arc of a curve to the left, said curve having a radius of 957.50 feet and being subtended by a chord bearing and distance of South 16 41' 00 West 35.32 feet to a point; proceeding thence South 15 51' 43 West a distance of 62.49 feet to the true point of beginning. Except all that property conveyed by Quit Claim Deed from the Department of Transportation to the Carter Presidential Library, Inc., dated October 2, 1984, and recorded in Deed Book 9193, page 20, Fulton County, Georgia, records; and except all that property conveyed by Quit Claim Deed from the Department of Transportation to the Carter Center, Inc., dated February 11, 1993; and WHEREAS, this real property is located inside the oval formed by the Freedom Parkway on which the Carter Center sits; and WHEREAS, in the case styled DEPARTMENT OF TRANSPORTATION, STATE OF GEORGIA, Condemnor, vs. 7.802 ACRES OF LAND; Certain Easement Rights; and the

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CITY OF ATLANTA, GEORGIA, Condemnees, and DAVID VAUGHN, et al., Intervenors , being Civil Action File No. 88-6429-3, Superior Court of DeKalb County, Georgia, the parties thereto reached a Settlement Agreement which was made an order of the Superior Court of DeKalb County by order dated June 25, 1992 (Order); and WHEREAS, in Part II, Paragraph 38 of said Settlement Agreement the parties agreed as follows: Areas within the oval around the Carter Center will become part of the property included in the lease agreement between DOT and the Carter Center and will be maintained as a roadside park open to the public, subject to security exceptions. All parties agree to cooperate in ensuring continuing public access to the roadside park; and WHEREAS, the Georgia Department of Transportation is in favor of granting this lease and will receive benefit therefrom; and WHEREAS, the Carter Center, Inc., is desirous of obtaining a lease of the real property in order to enhance the beauty of the grounds around the Carter Center and to maintain the real property as a roadside park. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That the Georgia Department of Transportation is the owner of the above-described real property and is hereby authorized to lease to the Carter Center, Inc., such described real property to enhance the beauty of the grounds around the Carter Center and to maintain the real property as a roadside park. Section 2. That the lease of such real property as provided for in Section 1 of this resolution shall be granted by appropriate instrument to the Carter Center, Inc., by the Georgia Department of Transportation, acting by and through its commissioner,

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for a consideration of the continuing performance by the Carter Center, Inc., of the necessary maintenance of such real property to ensure its use and enjoyment as a roadside park in implementation and compliance with the Order of the Superior Court of DeKalb County, for the consideration of the structures, improvements, and enhancements that may be placed upon such real property, and upon such further conditions and consideration as determined by the commissioner to be in the best interest of the State of Georgia. Section 3. That the lease of such real property as provided for in Section 1 of this resolution shall be for a period of 99 years. Section 4. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 5. That all laws and parts of laws in conflict with this resolution are repealed. Approved April 13, 1993. WALTER L. HARDIN BRIDGE DESIGNATED. No. 17 (Senate Resolution No. 230). A RESOLUTION Designating a certain bridge as the Walter L. Hardin Bridge; and for other purposes. WHEREAS, Mr. Walter L. Hardin was a dedicated member of the Macon police force; and WHEREAS, his service on that force was unselfish and courageous; and

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WHEREAS, such service is evidenced by the fact that Mr. Hardin was killed in the line of duty; and WHEREAS, it is fitting that in memory of Walter L. Hardin that bridge currently known as the Walnut Creek Bridge on Route 49, also known as Shurling Drive in Macon, Georgia, be designated as the Walter L. Hardin Bridge. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge in Macon, Georgia, known as the Walnut Creek Bridge be designated as the Walter L. Hardin Bridge. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate markers at appropriate locations designating said bridge as provided in this resolution. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to the commissioner of the Department of Transportation. Approved April 13, 1993. BOBBY JONES CROSSWALK DESIGNATED. No. 18 (Senate Resolution No. 231). A RESOLUTION Designating a certain crosswalk as the Bobby Jones Crosswalk; and for other purposes. WHEREAS, Mr. Bobby Jones was a distinguished professor at Mercer University in Macon, Georgia; and

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WHEREAS, Mr. Jones was the first black principal at Willingham High School and the first black professor at Mercer University; and WHEREAS, his many contributions to his community and state have provided an inspiration to many young people of the state; and WHEREAS, it is fitting that in memory of Bobby Jones that the overhead crosswalk on Route 49, also known as Shurling Drive in Macon, Georgia, be designated as the Bobby Jones Crosswalk. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the crosswalk over Shurling Drive in Macon, Georgia, be designated as the Bobby Jones Crosswalk. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate markers at appropriate locations designating said crosswalk as provided in this resolution. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to the commissioner of the Department of Transportation. Approved April 13, 1993.

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CHATTAHOOCHEE VALLEY TRAIL SCENIC HIGHWAY AND R. G. DANIELL, SR., MEMORIAL HIGHWAY DESIGNATED. No. 19 (Senate Resolution No. 232). A RESOLUTION Designating the Chattahoochee Valley Trail Scenic Highway and the R. G. Daniell, Sr., Memorial Highway; and for other purposes. Part 1 WHEREAS, southwest Georgia is an area rich in history and beautiful, unspoiled scenery; and WHEREAS, recent efforts to enhance tourism in this region have highlighted the numerous, outstanding state parks and historic sites of interest to the traveling public, including Providence Canyon State Conservation Park, Florence Marina State Park and Museum, the Old Quitman County Jail, George T. Bagby State Park, Lake Walter F. George, Fort Gaines Historic District, Kolomoki State Park and Indian Burial Mounds, Lake Seminole and Seminole State Park, Willis Park, and the Bainbridge Heritage Tour; and WHEREAS, it is only fitting and proper to recognize and honor the special heritage of the counties in southwest Georgia through which S.R. 39 passes. NOW THEREFORE BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that S.R. 39 beginning at Omaha, Georgia, and running south through Stewart County, Quitman County, Clay County, Early County, Seminole County, and Decatur County is designated the Chattahoochee Valley Trail Scenic Highway.

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Part 2 WHEREAS, the State of Georgia recognizes from time to time the lives of oustanding Georgians by dedicating certain roads, bridges, buildings, and other facilities in their memory; and WHEREAS, Candler County wishes to recognize a great Georgian for his many contributions to the State of Georgia and to Candler County; and WHEREAS, Honorable R. G. Daniell, Sr., chose to reside and raise his family in Candler county and while there sought to improve the quality of life for all; and WHEREAS, Honorable R. G. Daniell, Sr., during his life, served his community as a farmer, newspaper publisher, businessman, Farm Bureau president, Kiwanian, and community leader; and WHEREAS, Honorable R. G. Daniell, Sr., was elected to serve the people of Candler County as state Senator from 1949-1950; and WHEREAS, the people of Candler County were saddened by his death on June 10, 1991; and WHEREAS, the State of Georgia wishes to recognize his life and his many contributions to Candler County and to the State of Georgia. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of State Route Highway 46 from the city limits of Metter, Georgia, to the Bulloch County line shall be designated as the R. G. Daniell, Sr., Memorial Highway. Part 3 BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs at appropriate locations designating the Chattahoochee

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Valley Trail Scenic Highway and the R. G. Daniell, Sr., Memorial Highway. 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. Approved April 13, 1993. STATE PROPERTY EXCHANGE OF PROPERTY WITH COBB COUNTY AND BIBB COUNTY. No. 20 (Senate Resolution No. 233). A RESOLUTION Authorizing the conveyance of certain state owned real property located in Cobb County, Georgia, to Cobb County and the acceptance of certain real property owned by Cobb County in consideration therefor; authorizing the conveyance of certain state owned real property located in Bibb County, Georgia, to Bibb County and the acceptance of certain real property owned by Bibb County in consideration therefor; 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 lying within Cobb County, Georgia, and being the facilities of the Cobb Regional Youth Development Center; and (2) Custody of the subject state owned real property is vested in the Department of Children and Youth Services; and (3) Said state owned real property is described as all that tract or parcel of land lying and being in Land Lot 333 of the 19th District, Cobb County, Georgia, as shown on a

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plat of survey prepared by Mayes, Sudderth and Etheridge, Inc., dated July 5, 1973, containing approximately 5.0 acres, and being more particularly described as follows: Beginning at an iron pin on the east right-of-way of County Farm Road located at the intersection of the east right-of-way of County Farm Road and the north land lot line of Land Lot 333, said District and Section; running thence North 88 degrees, 41 minutes, 00 seconds east 388.09 feet to an iron pin; running thence South 03 degrees, 01 minutes, 03 seconds east 550.17 feet to an iron pin; running thence South 73 degrees, 33 minutes, 57 seconds west 109 feet to an iron pin; running thence South 85 degrees, 10 minutes, 47 seconds west 150.35 feet to an iron pin; running thence North 52 degrees, 58 minutes, 03 seconds west 171.95 feet to an iron pin on the east right-of-way of County Farm Road; running thence North 03 degrees, 01 minutes, 03 seconds west along the east right-of-way of County Farm Road 481.07 feet to an iron pin and the Point of Beginning. Said Tract containing 5 acres and being improved property known as the Cobb County Regional Youth Detention Center; and (4) The Cobb County Board of Commissioners represents that it is the owner of certain real property; and (5) Said Cobb County owned property is all that tract or parcel of land lying and being in Cobb County, Georgia, lying in and being a part of Land Lot 333 of the 19th Land District containing approximately 8.0 acres according to a plat of survey dated February 2, 1993, prepared by A. O. Carlile, Registered Land Surveyor No. 1465, and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; and (6) The existing facility was conveyed on July 10, 1973, to the state for the operation of a regional detention facility; and

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(7) Cobb County has determined that it could better utilize the existing facility due to its proximity to other Cobb County governmental facilities; and (8) The state shall not convey its interest in the current facility until the new facility is completed and occupied; and (9) Exchange of the aforedescribed tracts or parcels of land would be beneficial to the State of Georgia and Cobb County and would be in the public interest; and WHEREAS: (1) The State of Georgia is the owner of certain real property lying within Bibb County, Georgia, and being the facilities of the Macon Regional Health Center; and (2) Custody of the subject state owned real property is vested in the Department of Human Resources; and (3) Said state owned real property is described as all that tract or parcel of land lying and being in Lot 1, Square 73, of the City of Macon, Bibb County, Georgia, as shown on a plat of survey prepared by Frank E. Lester, Georgia Registered Land Surveyor #1118, dated March, 1953, containing approximately 0.36 of one acre; and (4) The Bibb County Board of Commissioners represents that it is the owner of certain real property; and (5) Said Bibb County owned property is all that tract or parcel of land lying and being in Bibb County, Georgia, lying in and being a part of Land Lot 58 within the City of Macon containing approximately two acres according to a site plan dated November 16, 1992, prepared by Donaldson, Garrett and Associates, Inc., and shall be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; and

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(6) The state owned property was conveyed to the state by the City of Macon on September 6, 1946, and the deed of conveyance allowed the City of Macon to retain a reversionary interest in the property; and (7) The City of Macon is encouraged to release any interest it may have in the above-described state property prior to any exchange of property with Bibb County; and (8) Bibb County has determined that it could better utilize the state owned property due to its proximity to the Medical Center of Central Georgia; and (9) In consideration for the above-described state owned property, Bibb County has agreed to construct on the above-described Bibb County property a new regional health facility to the specifications of the Department of Human Resources; and (10) The state shall not convey its interest in the current facility until the new facility is completed and occupied; and (11) Exchange of the aforedescribed tracts or parcels of land would be beneficial to the State of Georgia and Bibb County and would be in the public interest. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE 1 Section 1. That, in all matters relating to the conveyance of the hereindescribed state owned real property in Cobb County and the acceptance of the hereindescribed Cobb County owned real property, the State of Georgia is acting by and through its State Properties Commission. Section 2. That the State of Georgia, acting by and through its State Properties Commission, is authorized and empowered to convey by quitclaim deed to Cobb County the hereinabove described state owned real property in Cobb County and to accept in consideration therefor from Cobb County a conveyance

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of the hereinabove described Cobb County owned real property. Section 3. That such conveyance and acquisition shall be subject to approval by the State Properties Commission of the plats of survey, legal description, deeds, and such other documents as may be required by the State Properties Commission. Section 4. That the State Properties Commission is authorized to do all acts and things necessary and proper to effect such exchange. Section 5. That such conveyance and acquisition shall be upon such other terms and conditions as may be prescribed by the State Properties Commission. Section 6. That the authorization in this article to convey the above-described property in Cobb County to Cobb County shall expire five years after the date that this article becomes effective. Section 7. That the deed of conveyance 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. ARTICLE 2 Section 1. That, in all matters relating to the conveyance of the hereindescribed state owned real property in Bibb County and the acceptance of the hereindescribed Bibb County owned real property, the State of Georgia is acting by and through its State Properties Commission. Section 2. That the State of Georgia, acting by and through its State Properties Commission, is authorized and empowered to convey by quitclaim deed to Bibb County the hereinabove described state owned real property in Bibb County and to accept in consideration therefor from Bibb County a conveyance of the hereinabove described Bibb County owned real property.

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Section 3. That such conveyance and acquisition shall be subject to approval by the State Properties Commission of the plats of survey, legal description, deeds, and such other documents as may be required by the State Properties Commission. Section 4. That the State Properties Commission is authorized to do all acts and things necessary and proper to effect such exchange. Section 5. That such conveyance and acquisition shall be upon such other terms and conditions as may be prescribed by the State Properties Commission. Section 6. That the authorization in this article to convey the above-described property in Bibb County to Bibb County shall expire five years after the date that this article becomes effective. Section 7. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Bibb County and a recorded copy shall be forwarded to the State Properties Commission. ARTICLE 3 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 13, 1993.

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MEDAL OF HONOR HIGHWAY FOR FREEMAN V. HORNER DESIGNATED. No. 21 (Senate Resolution No. 234). A RESOLUTION Designating the Medal of Honor Highway for Freeman V. Horner; and for other purposes. WHEREAS, from the birth of this nation, our citizen soldiers have risked their lives to defend our freedom and our way of life; and WHEREAS, incidences of heroism in combat inspire and encourage the brave men and women of our armed forces as they confront danger and hardship; and WHEREAS, the Medal of Honor is the ultimate military decoration awarded by the United States of America and reflects the nation's gratitude for exemplary courage and oustanding conduct in the face of circumstances which could seem overwhelming to most individuals; and WHEREAS, Staff Sergeant Freeman V. Horner, of Company K, 119th Infantry, United States Army, was awarded the Medal of Honor for extraordinary courage under direct fire and extreme gallantry in voluntarily rushing into the teeth of concentrated fire, destroying three enemy machine gun positions, and killing or capturing seven enemy soldiers, thereby clearing the path for a successful assault on Wurselen, Germany, on November 16, 1944; and WHEREAS, Freeman V. Horner completed a career of distinguished service to the nation with his retirement at the rank of Major. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of SR 219 from its intersection with US 27 to the boundary between Muscogee County and Harris County is designated the Medal of Honor Highway for Freeman V. Horner.

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BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate markers designating the Medal of Honor Highway for Freeman V. Horner. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to Major Freeman V. Horner, Retired. Approved April 13, 1993. REGIONAL DEVELOPMENT CENTERS TRANSFER OF COUNTIES FROM THE OCONEE R.D.C. TO THE MIDDLE GEORGIA R.D.C. AND THE CENTRAL SAVANNAH RIVER R.D.C. No. 22 (Senate Resolution No. 238). A RESOLUTION Ratifying the change of regional development center boundaries established by the Board of Community Affairs; to provide for 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 further provides that any action of the board changing the boundaries of a regional development center shall not become effective until ratified by a joint resolution of the General Assembly; and WHEREAS, the Counties of Baldwin, Jasper, Putnam, and Wilkinson have requested the Board of Community Affairs' approval to transfer from the Oconee Regional Development Center to the Middle Georgia Regional Development Center; and

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WHEREAS, the Counties of Hancock, Johnson, and Washington have requested the Board of Community Affairs' approval to transfer from the Oconee Regional Development Center to the Central Savannah River Regional Development Center; and WHEREAS, the Board of Community Affairs has granted formal approval to the Counties of Baldwin, Jasper, Putnam, and Wilkinson to transfer into the Middle Georgia Regional Development Center effective July 1, 1993; and WHEREAS, the Board of Community Affairs has granted formal approval to the Counties of Hancock, Johnson, and Washington to transfer into the Central Savannah River Regional Development Center effective July 1, 1993; and WHEREAS, the requests for legislative ratification of said transfers have 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 transfers. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Board of Community Affairs' transferral of Hancock, Johnson, and Washington counties from the Oconee Regional Development Center to the Central Savannah River Regional Development Center and its transferral of Baldwin, Jasper, Putnam, and Wilkinson counties from the Oconee Regional Development Center to the Middle Georgia Regional Development Center, to become effective on July 1, 1993, are hereby 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 13, 1993.

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JOINT REGIONAL HOSPITAL STUDY COMMITTEE CREATION. No. 23 (House Resolution No. 16). A RESOLUTION Creating the Joint Regional Hospital Study Committee; and for other purposes. WHEREAS, Grady Memorial Hospital and other public and certain teaching hospitals in various locations throughout the state provide health care services on a regional basis to residents of the State of Georgia; and WHEREAS, Grady Memorial Hospital and other public and certain teaching hospitals are experiencing severe financial distress due in large part to the fact that they do not receive the appropriate recognition and financial support of their status as regional health care providers; and WHEREAS, much of the burden of caring for the medically needy in Georgia falls disproportionately on hospitals of such public nature or of a specialized role that enables them to provide health care beyond the immediate area in which they are located, thereby potentially giving such hospitals a regional role and responsibility; and WHEREAS, the State of Georgia should study the need and desirability of establishing and maintaining a regional hospital system to help assure all citizens, especially the elderly, the uninsured, and the indigent, access to adequate health care, and such study should encompass methods of supporting a regional hospital system, including direct state support and new funding sources; criteria for local responsibility; regional funding initiatives, such as drug treatment, specialized care, and capital payments; increased Medicaid disproportionate share adjustment payments; and other alternative funding methods. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Regional Hospital Study Committee to be composed of

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five members of the House of Representatives to be appointed by the Speaker of the House of Representatives and five members of the Senate to be appointed by the President of the Senate. The Speaker shall designate a member of the House and the President of the Senate shall designate a member of the Senate who shall serve as co-chairs of the committee. The committee shall meet at the call of the co-chairs. 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 5 days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the House of Representatives and Senate. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 1, 1993. The committee shall stand abolished on December 1, 1993. Approved April 15, 1993. STATE PROPERTY CONVEYANCE TO THE BOARD OF COMMISSIONERS OF BUTTS COUNTY; RESOLUTION REPEALED. No. 24 (House Resolution No. 49). A RESOLUTION Repealing a certain resolution which authorized and empowered the State Properties Commission, for and on behalf of

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and in the name of the State of Georgia, to convey or lease certain state owned real property located in Butts County, Georgia, to the board of commissioners of Butts County; 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 in Butts County, Georgia; and WHEREAS, the General Assembly, heretofore, has authorized the State Properties Commission to convey or lease such parcel of state owned real property under specified terms and conditions; and WHEREAS, such parcel of state owned real property was never conveyed or leased by the state as authorized by the General Assembly nor is there any intention on the part of the State of Georgia and other parties to contract for the conveyance or lease of such parcel of state owned real property at any time in the near future. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That the Resolution (Res. Act No. 203, H.R. No. 658) authorizing and empowering the State Properties Commission, for and on behalf of and in the name of the State of Georgia, to convey or lease certain state owned real property located in Butts County, Georgia, to the board of commissioners of Butts County, approved April 22, 1982 (Ga. L. 1982, p. 2197), is repealed in its entirety. Section 2. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. That all laws and parts of laws in conflict with this resolution are repealed. Approved April 15, 1993.

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PHILLIP M. LANDRUM MEMORIAL HIGHWAY DESIGNATED. No. 25 (House Resolution No. 55). A RESOLUTION Commending Honorable Phillip M. Landrum and designating the Phillip M. Landrum Memorial Highway; and for other purposes. WHEREAS, Phillip M. Landrum had a long career of distinguished leadership as Georgia's Ninth District Congressman for 24 years; and WHEREAS, during his service in the United States House of Representatives Phil Landrum was a ranking member of the House Ways and Means, the Education and Labor, and the Budget Committees, and his contributions to public policy include his cosponsorship of Medicare and his sponsorship of the Landrum-Griffin Act; and WHEREAS, Phil Landrum provided direction for important legislation that brought many benefits to Appalachia, including the Vocational Education Act and the Library Services Act; and WHEREAS, Phil Landrum promoted funding for the conservation of forest lands and was instrumental in protecting the Chattahoochee National Forest, one of our state's greatest natural resources; and WHEREAS, Phil Landrum was largely responsible for the development of Lake Lanier Islands, and he was a key sponsor of legislation and budgeting for the Appalachian highway system, which has resulted in greater opportunity for economic development in the region; and WHEREAS, Phil Landrum was instrumental in resolving the impasse over the location of Interstate 75 around Lake Allatoona; and

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WHEREAS, Phil Landrum was looked upon with much fondness and respect by those he served and his accomplishments have earned a significant place in the history of our state; and WHEREAS, it is only fitting and proper that his outstanding record of public service, and particularly his leadership in promoting the developmental highways of North Georgia be appropriately recognized. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body commend Honorable Phillip M. Landrum for his decades of selfless, unrelenting, and dedicated service on behalf of the citizens of this state. BE IT FURTHER RESOLVED that the portion of Interstate 575 north from its intersection at Interstate 75 to its terminus at Nelson, Georgia, is designated as the Phillip M. Landrum Memorial Highway. 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 Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to the commissioner of transportation. Approved April 15, 1993.

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REGIONAL DEVELOPMENT CENTERS TRANSFER OF CHEROKEE COUNTY FROM THE NORTH GEORGIA REGIONAL DEVELOPMENT CENTER TO THE ATLANTA REGIONAL COMMISSION. No. 26 (House Resolution No. 64). A RESOLUTION Ratifying the change of regional development center boundaries established by the Board of Community Affairs; to provide for 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 changing the boundaries of a regional development center shall not become effective until ratified by the General Assembly at the next regular session following such action by the board; and WHEREAS, Cherokee County has petitioned the Board of Community Affairs to transfer from the North Georgia Regional Development Center to the Atlanta Regional Commission; and WHEREAS, on August 12, 1992, the Board of Community Affairs adopted a resolution granting formal approval to Cherokee County's transfer into the Atlanta Regional Commission and providing for such transfer to become effective on July 1, 1993, 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 of the Official Code of Georgia Annotated, 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 action taken

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by the Board of Community Affairs transferring Cherokee County from the North Georgia Regional Development Center to the Atlanta Regional Commission, to become effective on July 1, 1993, 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 15, 1993. MR. RICKY LEE BOYNTON COMPENSATION. No. 27 (House Resolution No. 78). A RESOLUTION Compensating Mr. Ricky Lee Boynton; and for other purposes. WHEREAS, on February 4, 1990, Mr. Ricky Lee Boynton and his family were camping at Vogel State Park near Blairsville, Georgia; and WHEREAS, Mr. Boynton's Coleman popup camper was hooked up to Campsite No. 1; and WHEREAS, during a severe thunderstorm, a maple tree located 53 feet from the camper broke off about 15 feet above the ground and struck the camper causing property damage to the camper in the amount of $1,602.00; and WHEREAS, it was reported that the park rangers were surprised that the tree had not been cut down since it was rotten; and WHEREAS, the accident occurred through no fault or negligence on the part of Mr. Boynton or his family and it is only fitting and proper that he be compensated for his loss.

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NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Natural Resources is authorized and directed to pay the sum of $1,602.00 to Mr. Ricky Lee Boynton 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 15, 1993. VETERANS MEMORIAL HIGHWAY DESIGNATED. No. 28 (House Resolution No. 88). A RESOLUTION Designating the Veterans Memorial Highway; and for other purposes. WHEREAS, veterans of the national military and naval services have a long and distinguished record of accomplishments achieved during periods of war and peace; and WHEREAS, the exceptional leadership, courage, and commitment demonstrated by the veteran members of the armed forces of the United States have created a proud and noble professional heritage; and WHEREAS, throughout the history of the United States veterans have demonstrated an extraordinary devotion to duty and love for country, and their dedication, valor, and heroism exemplify the highest standards of personal conduct and career service; and WHEREAS, it is abundantly fitting and proper that the many veterans of Haralson County who have contributed so much to the welfare of the citizens of their community, state, and nation be appropriately recognized.

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NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of State Highway 100 through Haralson County from the Carroll County line to the Polk County line be designated the Veterans Memorial Highway. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate markers designating the Veterans Memorial Highway. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to send an appropriate copy of this resolution to the commissioner of transportation and to the Haralson County Memorial Committee. Approved April 15, 1993. FLOYD L. NORTON BRIDGE DESIGNATED. No. 29 (House Resolution No. 119). A RESOLUTION Commending Floyd L. Norton and designating the Floyd L. Norton Bridge; and for other purposes. WHEREAS, Floyd L. Norton has long been recognized by the citizens of Jefferson County for the vital role he has played in community leadership and for his deep personal commitment to the welfare of the members of his community; and WHEREAS, he diligently and conscientiously devoted innumerable hours of his time, talents, and energy to civic, religious, and charitable concerns of Jefferson County; and WHEREAS, he gave generously and unstintingly of his time and interest in all matters relating to his community and it

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is abundantly fitting and proper that an appropriate memorial should be dedicated to this distinguished Georgian. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body heartily commend Floyd L. Norton for the outstanding, dedicated, and selfless public service which he has rendered on behalf of the citizens of his community and state. BE IT FURTHER RESOLVED that the bridge on U.S. 1, currently known as Reedy Creek Bridge, is renamed and redesignated as the Floyd L. Norton Bridge. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate markers so designating said 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 family of Floyd L. Norton. Approved April 15, 1993. STATE PROPERTY EASEMENT TO JAMES L. AND ROMONA A. WALLER IN GILMER COUNTY. No. 30 (House Resolution No. 121). A RESOLUTION Authorizing the granting of a nonexclusive easement for operation, maintenance, repair, and replacement of a portion of a single-family residence in, on, over, under, upon, across, or through property owned by the State of Georgia in Gilmer County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes.

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WHEREAS, the State of Georgia is the owner of certain real property located in Land Lot 103 of Gilmer County, Georgia, which is in the custody of the State Properties Commission; and WHEREAS, James L. and Romona A. Waller have acquired a high-quality single-family residence in Gilmer County; and WHEREAS, the front portion of the said single-family residence encroaches upon the above-described state owned property; and WHEREAS, James L. and Romona A. Waller are desirous of remedying said encroachment in a fashion which would be mutually beneficial to themselves and the State of Georgia. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That the State of Georgia is the owner of the hereinafter described real property, hereinafter referred to as the easement area and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. Section 2. That the State of Georgia, acting by and through its State Properties Commission, may grant to James L. and Romona A. Waller, their successors and assigns, a nonexclusive easement for the operation and maintenance of a portion of a single-family residence in, on, over, under, upon, across, or through the easement area for the purpose of operating, maintaining, repairing, and replacing a portion of a single-family residence, 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 103rd Land Lot of Gilmer County, Georgia, and is generally described on a plat of survey entitled Survey for James L. Waller, Romona A. Waller prepared by Lane S. Bishop, Georgia Registered Land Surveyor No. 1575, and will be more particularly described on a plat of survey prepared by a Georgia registered

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land surveyor and presented by grantees to the State Properties Commission for approval. Section 3. That the above-described premises shall be used solely for the purpose of maintaining, repairing, replacing, inspecting, and operating said portion of a single-family residence. Section 4. That James L. and Romona A. Waller 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 operation and maintenance of said portion of a single-family residence. Section 5. That, after James L. and Romona A. Waller have put into use the portion of a single-family residence for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, James L. and Romona A. Waller, or their successors and assigns, shall have the option of removing their facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, its successors and assigns. Section 6. That no title shall be conveyed to James L. and Romona A. Waller, and, except as herein specifically granted to James L. and Romona A. Waller, 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 James L. and Romona A. Waller. 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, James L. and Romona A. Waller shall remove or relocate their facilities at their sole cost and expense.

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Section 8. That the easement granted to James L. and Romona A. Waller shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted. Section 9. That the consideration for such easement shall be $650.00 and 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 this grant of easement shall be recorded by the grantee in the Superior Court of Gilmer 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 James L. and Romona A. Waller 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 15, 1993.

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STATE PROPERTY CONVEYANCE TO LEON SAMUELS, SR., IN BALDWIN COUNTY AUTHORIZED; CONVEYANCE TO THE CITY OF CARTERSVILLE AUTHORIZED. No. 31 (House Resolution No. 122). 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 Bartow County, Georgia, to the city of Cartersville; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Baldwin County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in Baldwin County, Georgia, lying in and being a part of the 321st GMD, containing approximately 0.05 of one acre more or less, according to a drawing entitled Subdivision Property of L.E. and P.N. McMillen and marked in yellow on file with the State Properties Commission; and will be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented by the grantee to the State Properties Commission for approval; (3) Said property is under the custody of the Georgia Department of Human Resources; (4) The subject triangular shaped property is now separated from the adjoining state property by 60 foot rights of way on two sides of the subject property, said rights of way being Swint Avenue and Wolverine Street; (5) Said parcel is not being utilized by the Department of Human Resources and is therefore surplus to its needs; and

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(6) The adjoining property owner, Leon Samuels, Sr., is desirous of obtaining the above-described property because the subject property constitutes a sizeable portion of his front yard; and WHEREAS: (1) The State of Georgia is the owner of certain real property containing approximately 2.5 acres located in the City of Cartersville, Bartow County, Georgia; (2) Said real property is described as follows: All those certain tracts or parcels of land situate, lying and being in the City of Cartersville, Georgia, and in Land Lot 455 of Bartow County, Georgia, and being more particularly described as the depot tracts lying on either side of the mainline of the Western and Atlantic Railroad Valuation Map No. V2/S21 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 Cartersville and presented to the State Properties Commission for approval); (3) The State of Georgia currently has a portion of the above-described property leased to CSX Transportation, Inc., (formerly known as the Louisville and Nashville Railroad Company and Seaboard System Railroad) until December 31, 2019; (4) The City of Cartersville presently leases from the State of Georgia a portion of the above-described property until December 31, 1994; and (5) The City of Cartersville 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:

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ARTICLE 1 Section 1. That the State of Georgia is the owner of the above-described real property 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. Section 2. That the above-described real property shall be conveyed by appropriate instrument to Leon Samuels, Sr., by the State of Georgia, acting by and through the State Properties Commission, for a consideration of the fair market value of such property but not less than $650.00 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 3. That the authorization in this resolution to convey the above-described property to Leon Samuels, Sr., 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 Baldwin County and a recorded copy shall be forwarded to the State Properties Commission. ARTICLE 2 Section 6. That the State of Georgia is the owner of the above-described real property in Bartow 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. Section 7. 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

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known as the Louisville and Nashville Railroad Company, and Seaboard System Railroad) conveying its interest in a portion of said property to the State of Georgia by appropriate instrument. Section 8. That the conveyance of the above-described real property shall be conditioned upon the City of Cartersville relasing its interest in that portion of the above-described property presently leased to the City of Cartersville by the State of Georgia and that portion of the above-described property presently leased to the City of Cartersville by CSX Transportation, Inc. Section 9. That the State of Georgia, acting by and through its State Properties Commission, is authorized to convey the above-described real property by appropriate instrument to the City of Cartersville for a consideration of $10.00 as long as the property is utilized for public purposes and upon such further considerations, terms, and conditions as directed by the State Properties Commission. Section 10. That the above-described real property is conveyed only for public purposes by the City of Cartersville 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 11. That the conveyance of said property shall be conditioned upon the City of Cartersville constructing a railroad depot facility to the requirements of CSX Transportation, Inc., as replacement for subject property depot and the deeding of such depot to the State of Georgia as consideration for the State of Georgia and CSX Transportation, Inc., vacting present depot site. Section 12. That if the City of Cartersville determines the need to convey all or a portion of the above-described property to a private person or corporation or other entity, then, before any such disposition, the State Properties Commission shall have first approved both the disposition and the monetary consideration for said disposition, which consideration shall not

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be less than the fair market value of such property. Any such State Properties Commission approval shall be conditioned on said monetary consideration, less any incurred expenses of disposition which have been approved by the State Properties Commission, being received and deposited by the State Properties Commission into the treasury of the State of Georgia. Section 13. 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 14. That the authorization in this resolution to convey the above-described property to the City of Cartersville shall expire three years after the date that this resolution becomes effective. ARTICLE 3 Section 15. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 16. That all laws and parts of laws in conflict with this resolution are repealed. Approved April 15, 1993. STATE PROPERTY CONVEYANCE TO THE CITY OF MONTEZUMA. No. 32 (House Resolution No. 123). A RESOLUTION Authorizing the conveyance of certain state owned real property located in Macon County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes.

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WHEREAS, the State of Georgia is the owner of a certain parcel of real property located in Macon County, Georgia; and WHEREAS, said real property is all that tract or parcel of land lying and being in Macon County, Georgia, lying in and being a part of Land Lot 192 of the 15th District, containing approximately 14.75 acres, more or less, according to a drawing entitled Property for State Highway Maintenance Camp on file with the State Properties Commission; and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented by the grantee to the State Properties Commission for approval; and WHEREAS, said property is under the custody of the Georgia Department of Human Resources; and WHEREAS, the subject property was conveyed to the State of Georgia by the City of Montezuma on February 14, 1957, for the consideration of $1.00; and WHEREAS, said parcel is not being utilized by the Department of Human Resources and is therefore surplus to its needs; and WHEREAS, the City of Montezuma located in Macon County is desirous of obtaining the subject property for inclusion in a proposed industrial park. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA. Section 1. That the State of Georgia is the owner of the above-described 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 the City of Montezuma by the State of Georgia, acting by and through the State Properties Commission, for a consideration of $10.00 and upon such further consideration and provisions as the State Properties

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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 the City of Montezuma 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 Macon 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 15, 1993. STATE PROPERTY EASEMENT TO THE BALDWIN COUNTY BOARD OF EDUCATION. No. 33 (House Resolution No. 125). 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 Baldwin County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes.

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WHEREAS, the State of Georgia is the owner of certain real property located in the 242nd and 243rd land lots of the 5th land district of Baldwin County, Georgia, which is in the custody of and utilized by the Georgia Department of Human Resources; and WHEREAS, the Baldwin County Board of Education is in the process of constructing a new elementary school adjacent to Central State Hospital property; and WHEREAS, in order to effectively provide sewer service to said elementary school it is necessary to cross the above-described state property; and WHEREAS, the Georgia Department of Human Resources by resolution dated September 16, 1992, recommends the granting of an easement to the Baldwin County Board of Education 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 the Baldwin County Board of Education, 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, 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 242 and 243 of the 5th land district of Baldwin County, Georgia, and is more particularly described as follows:

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That portion and that portion only as shown on a plat entitled Sanitary Sewer Easement plat for Baldwin County Board of Education and prepared by Ralph A. True, Georgia Registered Land Surveyor No. 2202, dated April 30, 1992, and 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 sanitary sewer line. Section 4. That the Baldwin County Board of Education shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said sanitary sewer line. Section 5. That, after the Baldwin County Board of Education 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, its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Baldwin 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, its successors and assigns. Section 6. That no title shall be conveyed to the Baldwin County Board of Education, and, except as herein specifically granted to the Baldwin County Board of Education, 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 Baldwin County Board of Education. 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

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state's use or intended use of the easement area, the Baldwin County Board of Education shall remove or relocate its facilities at its sole cost and expense. Section 8. That the easement granted to the Baldwin 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 described the same easement area herein granted. Section 9. That the consideration for such easement shall be the fair market value thereof 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 this grant of easement shall be recored by the grantee in the Superior Court of Baldwin 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 the Baldwin County Board of Education 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.

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Section 14. That all laws and parts of laws in conflict with this resolution are repealed. Approved April 15, 1993. WAYNE GARNER PARKWAY AND LANETTE O'NEAL FAULK MEMORIAL BRIDGE DESIGNATED. No. 34 (House Resolution No. 134). A RESOLUTION Designating the Wayne Garner Parkway and the Lanette O'Neal Faulk Memorial Bridge; and for other purposes. Part I WHEREAS, Wayne Garner has served as a member of the Senate for some 13 years, representing the people of his Senatorial District with great ability, dedication, and distinction; and WHEREAS, he served as Chairman of the Senate Committee on Corrections for eight years, bringing many innovations and improvements to this important area of state government; and WHEREAS, he served as Senate Majority Leader in 1991 and 1992 and fulfilled the responsibilities of that distinguished position in a highly commendable manner; and WHEREAS, he now serves as President Pro Tempore of the Senate and all the members of the Senate are appreciative and grateful for the fair, open, and wise manner in which he discharges the duty of that office; and WHEREAS, it is appropriate that some memorial should be dedicated to his many valuable contributions to his Senatorial District and the entire State of Georgia.

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NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that State Highway 61 from its point of intersection with Interstate Highway 20 south to its point of intersection with State Highway 166 is designated as the Wayne Garner Parkway. Part II WHEREAS, Lanette O'Neal Faulk was a native and lifelong resident of Twiggs County who influenced significantly the lives of many young students throughout her extensive teaching career; and WHEREAS, history and genealogy were her lifelong interests, and she co-authored the History of Twiggs County and authored the Historical Collection of Richland Church ; and WHEREAS, she was instrumental in bringing electric service to western Twiggs County and was a charter member of the Oconee Electric Membership Cooperative; and WHEREAS, she was an Organizing Regent of the Major General John Twiggs Chapter of the Daughters of the American Revolution and a member of the United States Daughters of 1812, United Daughters of the Confederacy, and Dames of the Court of Honor; and WHEREAS, it is abundantly fitting and proper that a citizen who has contributed so much to the welfare of her community and state be appropriately recognized by designation of a bridge in her honor. NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE GENERAL ASSEMBLY that the bridge over Flat Creek that flows under State Route 87 and U.S. 23 Highway in Twiggs County is designated as the Lanette O'Neal Faulk Memorial Bridge. Part III BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain

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signs at appropriate locations designating the Wayne Garner Parkway and the Lanette O'Neal Faulk Memorial Bridge. Approved April 15, 1993. MS. LORRAINE STRICKLAND COMPENSATION. No. 35 (House Resolution No. 155). A RESOLUTION Compensating Ms. Lorraine Strickland; and for other purposes. WHEREAS, on Lawrenceville Highway in Tucker, Georgia, a broken manhole cover was placed in position by an employee of the Department of Transportation; and WHEREAS, on or about October 23, 1986, when said broken manhole cover was in position, Ms. Lorraine Strickland, a resident of Norcross, Georgia, while walking along said Lawrenceville Highway stepped upon said broken manhole cover which gave way and caused Ms. Strickland to sustain a serious and permanent injury to her knee; and WHEREAS, as a direct result of said accident, Ms. Strickland incurred medical and disability expenses, lost wages, and other expenses in the amount of $10,000.00, for which she has not and will not be compensated by insurance; and WHEREAS, said accident occurred through no fault or negligence whatsoever on the part of Ms. Strickland, and it is only just and proper that she be reimbursed for the expenses and losses she incurred as a result of said accident. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Transportation is authorized and directed to pay the sum of $10,000.00 as compensation as provided above. Said sum shall be

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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 15, 1993. MRS. L. C. POORE COMPENSATION. No. 36 (House Resolution No. 156). A RESOLUTION Compensating Mrs. L. C. Poore; and for other purposes. WHEREAS, Mrs. L. C. Poore has resided at 707 Chestatee Street in Dahlonega, Georgia, for over 40 years; and WHEREAS, she had never had a problem with flooding on her property until the Department of Transportation redesigned the intersection of State Highway 60 and Pine Tree Road; and WHEREAS, since such redesign, her property has been flooded twice, and, due to heavy rains on September 21, 1992, her property was damaged extensively; and WHEREAS, the water and mud from the flooding severely damaged two concrete retaining walls, a lower retaining wall, a patio, the patio steps, a terrace, the shrubbery, the lawn, and a downstairs apartment; and WHEREAS, Mrs. Poore has suffered property damage in the amount of $4,725.00; and WHEREAS, the loss occurred through no fault or negligence on the part of Mrs. Poore, and it is only fitting and proper that she be compensated for her loss.

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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 $4,725.00 to Mrs. L. C. Poore 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 15, 1993. ALBERT AND DELLA MAE LAMPKIN COMPENSATION. No. 37 (House Resolution No. 157). A RESOLUTION Compensating Albert and Della Mae Lampkin; and for other purposes. WHEREAS, on July 7, 1992, two youths in foster care, under the jurisdiction of the former Division of Youth Services of the Department of Human Resources, joined with another youth and stole the 1982 Chevrolet truck owned by Albert and Della Mae Lampkin of Dodge County, Georgia; and WHEREAS, the motor vehicle was recovered by the police department of Macon, Georgia, on July 10, 1992; and WHEREAS, a number of personal items were stolen from the motor vehicle and the motor vehicle was damaged as a result of a rear end collision which occurred while the vehicle was being operated by the three juveniles; and WHEREAS, Albert and Della Mae Lampkin have suffered property loss and damages to their motor vehicle totaling $1,500.00; and

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WHEREAS, the loss occurred through no fault or negligence on the part of Mr. and Mrs. Lampkin and it is only fitting and proper that they be compensated for their loss; and WHEREAS, HB 1549 enacted at the 1992 regular session of the General Assembly (Ga. L. 1992, p. 1983) created the Department of Children and Youth Services, and various functions and responsibilities applicable to the Division of Youth Services of the Department of Human Resources were transferred to the new Department of Children and Youth Services. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Children and Youth Services is authorized and directed to pay the sum of $1,500.00 to Albert and Della Mae Lampkin 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 15, 1993. STATE PROPERTY LEASE TO MASTER CITY LITTLE LEAGUE, INC.; CONVEYANCE TO THE BOARD OF COMMISSIONERS OF RICHMOND COUNTY. No. 38 (House Resolution No. 167). A RESOLUTION Authorizing the leasing of certain real property owned by the State of Georgia in Richmond County, Georgia; authorizing the conveyance of certain state owned real property located in Richmond County, Georgia, to the Board of Commissioners of Richmond County; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS:

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(1) The State of Georgia is the owner of a certain tract or parcel of real property located in Richmond County, Georgia; and (2) Said real property is all that tract or parcel of land lying and being in Richmond County, Georgia, lying in and being a part of the 86th GMD, containing approximately 26 acres more or less, according to a drawing entitled Property to be leased to Master City Little League, Inc., and marked in red on file with the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented by lessee to the State Properties Commission for approval; and (3) Said property is under the custody of the Georgia Department of Human Resources; and (4) Said parcel is not being utilized by the Department of Human Resources and is therefore surplus to its needs; and (5) Master City Little League, Inc., is desirous of leasing the above-described state property for the purpose of establishing and maintaining a little league baseball program; and (6) Resolution Act 3, H.R. 295 enacted at the 1989 regular session of the General Assembly authorized the conveyance of a portion of the above-described property to the Richmond County Development Authority and the said conveyance has not been consummated; and WHEREAS: (1) The State of Georgia is the owner of approximately ten acres of real property bounded by Phinizy Road, Louisville Road, and the right of way of the Georgia Florida Railroad located in Richmond County, Georgia; and

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(2) The custody of the subject state owned real property is vested in the Department of Human Resources; and (3) The said real property is all that tract of real property containing approximately ten acres as indicated on a drawing outlined in red in the offices of the State Properties Commission and shall be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; and (4) Richmond County is desirous of establishing a fire station and fire training facility on the above state property; and (5) The said real property is no longer needed by the Department of Human Resources and is therefore surplus to its needs; and (6) Richmond County is encouraged to convey to Master City Little League, Inc., an interest either by deed, lease or otherwise in a certain two-acre tract of county owned property conveyed to Richmond County by the State of Georgia as authorized pursuant to a resolution (Res. Act No. 95, H.R. 966) authorizing the conveyance of certain state owned real property located in Richmond County, Georgia, approved May 4, 1992 (Ga. L. 1992, p. 3075). NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE 1 Section 1. That the State of Georgia is the owner of the referenced hereinabove-described real property located in the 86th GMD and that, in all matters relating to the leasing of said property, the State of Georgia is acting by and through its State Properties Commission. Section 2. That the State of Georgia, acting by and through its State Properties Commission, is authorized to lease the hereinabove-described tract of land located in the 86th

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GMD to Master City Little League, Inc., for a period of 25 years commencing with the execution of the lease agreement. Section 3. That the above-described property shall be used solely for public purposes. Section 4. That the consideration for such lease shall be $650.00 per year and upon such other terms and conditions as may be determined by the State Properties Commission to be in the best interests of the State of Georgia. Section 5. That any sublease of subject property must be approved by the State Properties Commission, and any remuneration in excess of $650.00 per year is to be remitted to the State of Georgia. Section 6. That the authorization in this article of this resolution to lease the above-described property to Master City Little League, Inc., shall expire three years after the date that this article becomes effective. Section 7. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such leasing. Section 8. That the resolution (Resolution Act No. 3, H.R. No. 295) authorizing the conveyance of certain state owned real property located in Richmond County upon selection and identification by the Department of Human Resources, approved April 4, 1989 (Ga. L. 1989, p. 700), is repealed in its entirety. ARTICLE 2 Section 9. That the State of Georgia is the owner of the above-described real property bounded by Phinizy Road, Louisville Road, and the right of way of the Georgia Florida Railroad and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.

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Section 10. That the State Properties Commission is authorized to do all acts and things necessary and proper to effect such conveyance of property to the Board of Commissioners of Richmond County. Section 11. That the consideration for such conveyance shall be $650.00 so long as the property is used for public purposes and shall be upon such other terms and conditions as may be prescribed by the State Properties Commission. Section 12. That the conveyance considered in this article of this resolution 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 considered in this article. Section 13. That the conveyance instrument authorized by this article of this resolution 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 14. That the authorization in this article to convey the property as described in Section 9 to the Board of Commissioners of Richmond County shall expire three years after the date that this resolution becomes effective. ARTICLE 3 Section 15. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 16. That all laws and parts of laws in conflict with this resolution are repealed. Approved April 15, 1993.

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STATE PROPERTY EASEMENT TO THE CITY OF WINDER. No. 39 (House Resolution No. 168). 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 Barrow 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 lying within the boundaries of Fort Yargo State Park in Barrow County, Georgia, which is in the custody of and utilized by the Georgia Department of Natural Resources; and WHEREAS, the City of Winder has extended sanitary sewer service to residents of the Winder area; and WHEREAS, a portion of the sanitary sewer lines for the above-stated sewer service passes within the boundaries of the above-described state owned property at Fort Yargo State Park; and WHEREAS, upon careful review of the City of Winder records it has been determined that authorization of necessary real property interests to extend said sewer line in, on, over, under, upon, across, or through the above-described state owned property has never been granted; and WHEREAS, the City of Winder is desirous of remedying the above oversight and acquiring necessary real property interests. 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

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easement area, the State of Georgia is acting by and through its State Properties Commission. Section 2. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Winder, its successors and assigns, a nonexclusive easement for the operation and maintenance of a sanitary sewer line in, on, over, under, upon, across, or through the easement area for the purpose of operating, maintaining, repairing, and replacing a sanitary sewer 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 within the boundaries of Fort Yargo State Park, Barrow County, Georgia, and is more particularly described on a drawing entitled City of Winder Sewer Line dated January 31, 1992, on file in the offices of the State Properties Commission and will be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented by grantee to the State Properties Commission for approval. Section 3. That the above-described premises shall be used solely for the purpose of maintaining, repairing, replacing, inspecting, and operating said sanitary sewer line. Section 4. That the City of Winder 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 operation and maintenance of said sanitary sewer line. Section 5. That, after the City of Winder 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, its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the City of Winder, 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, its successors and assigns.

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Section 6. That no title shall be conveyed to the City of Winder, and, except as herein specifically granted to the City of Winder, all rights, title, and interest in and to said easement area 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 Winder. Section 7. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated in order to avoid interference with the state's use or intended use of the easement area, the City of Winder shall remove or relocate its facilities at its sole cost and expense. Section 8. That the easement granted to the City of Winder 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 the fair market value thereof 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 this grant of easement shall be recorded by the grantee in the Superior Court of Barrow 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 the City of Winder shall expire three years after the date that this resolution becomes effective.

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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 15, 1993. STATE PROPERTY SUBLEASE TO TIM MCCOLLUM D/B/A CURRAHEE PAGING. No. 40 (House Resolution No. 182). A RESOLUTION Authorizing the subleasing of interests in certain real property owned by the State of Georgia in Rabun 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 tract or parcel of real property located in Rabun County, Georgia; and WHEREAS, said real property is all that tract or parcel of land lying and being in Rabun County, Georgia, lying in and being a part of Land Lot 66 of the 2nd District, according to a plat entitled Proposed Lease Site on file with the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented by lessee to the Department of Natural Resources for approval, provided that a copy of such approved plat of survey shall be filed with the State Properties Commission; and

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WHEREAS, said property is under the custody of the Georgia Department of Natural Resources and is a portion of Black Rock Mountain State Park; and WHEREAS, said parcel is currently leased to Spartan Radiocasting Company as authorized by Resolution Act 142 (HR No. 586-1591, Ga. L. 1980, p. 1490) enacted by the General Assembly at the 1980 regular session of the General Assembly and upon which the company has placed its transmitting tower; and WHEREAS, Tim McCollum d/b/a Currahee Paging is desirous of subleasing a portion of the above tower in order to locate a paging antenna; and WHEREAS, Spartan Radiocasting Company has no objections to the above-described sublease to Currahee Paging; and WHEREAS, the above-stated 1980 resolution enacted by the General Assembly did not authorize the subleasing of interests in said state property. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That the Department of Natural Resources is authorized to provide that Spartan Radiocasting may sublease certain of its interests in the above-described property to Tim McCollum d/b/a Currahee Paging. Section 2. That the consideration and terms of such sublease shall be as determined by the Department of Natural Resources to be in the best interests of the state. Section 3. That the authorization in this resolution for the sublease of the above-described property from Spartan Radiocasting Company to Tim McCollum d/b/a Currahee Paging shall expire three years after the date that this resolution becomes effective. Section 4. That the Department of Natural Resources is authorized and empowered to do all acts and things necessary and proper to effect such subleasing.

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Section 5. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 6. That all laws and parts of laws in conflict with this resolution are repealed. Approved April 15, 1993. STATE PROPERTY SALE OF STATE PROPERTY IN HALL COUNTY BY COMPETITIVE BID AUTHORIZED. No. 42 (House Resolution No. 228). A RESOLUTION Authorizing the conveyance of certain state owned real property located in Hall 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 Hall County, Georgia; and WHEREAS, said real property is all that tract or parcel of land lying and being in Hall County, Georgia, lying in and being a part of Land Lot 166 of the 9th District, containing approximately 0.97 of one acre, more or less, according to a plat of survey by Tribble and Richardson, Inc., on file with the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented by the purchaser to the State Properties Commission for approval; and WHEREAS, said property is under the custody of the Georgia Department of Corrections; and WHEREAS, the subject property originally included a motel and is presently the location of the Hall County Diversion Center; and

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WHEREAS, the Department of Corrections is presently constructing a new diversion center in Hall County and upon completion will vacate the subject property and subject property will then be surplus to the needs of the Department of Corrections. 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 by competitive bid for a consideration of not less than the fair market value of such property 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 sell the above-described property 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 sale. Section 5. That the deed of conveyance of such property shall be recorded by the purchaser in the Superior Court of Hall 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.

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Section 7. That all laws and parts of laws in conflict with this resolution are repealed. Approved April 15, 1993. STATE PROPERTY SALES BY COMPETITIVE BID OF PROPERTY IN HABERSHAM COUNTY AUTHORIZED. No. 43 (House Resolution No. 229). A RESOLUTION Authorizing the conveyance of certain state owned real property located in Habersham 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 Habersham County, Georgia; and WHEREAS, said real property is all that tract or parcel of land lying and being in Habersham County, Georgia, lying in and being a part of Land Lot 193 of the 10th District, containing approximately 2.5 acres, more or less, according to a drawing entitled Right of Way Map, Project F013-1(30) Sheet No. 22 on file with the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented by the purchaser to the State Properties Commission for approval; and WHEREAS, said property is under the custody of the Georgia Department of Corrections; and WHEREAS, the subject property was separated from contiguous state property by certain highway improvements to State Highway 365 in Habersham County; and WHEREAS, said parcel is not being utilized by the Department of Corrections and is therefore surplus to its needs.

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NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That the State of Georgia is the owner of the above-described real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission. Section 2. That the above-described real property shall be sold by competitive bid for a consideration of not less than the fair market value of such property 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 sell the above-described property 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 sale. Section 5. That the deed of conveyance of such property shall be recorded by the purchaser in the Superior Court of Habersham 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 15, 1993.

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AMTRAK RESUMPTION OF PASSENGER RAIL SERVICE BETWEEN CHICAGO AND FLORIDA ENDORSED. No. 44 (House Resolution No. 330). A RESOLUTION Endorsing Amtrak's proposed resumption of passenger rail service between Chicago and Florida with extensive service through Georgia; and for other purposes. WHEREAS, in 1990 Congress directed Amtrak to analyze the viability of restoring passenger rail service between Chicago and Florida via Atlanta since passenger rail service along this corridor ceased to exist when the Floridian was terminated in October 1979; and WHEREAS, the National Railroad Passenger Corporation released its report to Congress in December 1990 and pronounced the proposed service as feasible, with start-up cost estimated at $200-$227 million, noting that such a route would fill an important gap in Amtrak's current route system and tap potentially important business and discretionary travel markets; and WHEREAS, Amtrak recognized the exceptional level of state and local interest in restoring rail passenger service to this region and has expressed a willingness to work with the states and communities served by the proposal to develop a financial plan under which this service might be implemented; and WHEREAS, federal action to provide funding for the route may be encouraged by joint action between Georgia, Florida, Tennessee, Kentucky, Indiana, and Illinois to provide a $33 million contribution to capital start-up needs, with Georgia's prorated share based on route mileage; and WHEREAS, considerable economic benefits will accrue to the local business communities through which a passenger train might pass, and the current blueprint includes an extensive 441 mile, highly prized daytime route in Georgia that will link

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Dalton, Rome, Atlanta, Macon, Cordele, Douglas, Nicholls, and Waycross; and WHEREAS, passenger rail service is recognized as an economical environmentally sound mode of transportation that serves the needs of the elderly, rural residents, local tourism efforts, industry, and other interests not adequately served by the highway and air transportation systems; and WHEREAS, the members of the Georgia delegation to the U.S. Congress unanimously support Amtrak's proposal as an enhancement to tourism, economic development, and rural public transportation; and WHEREAS, the existence of extensive public and private regional interest in restoring rail passenger service through Georgia calls for legislative review and support of this visionary transportation concept. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body endorse Amtrak's proposed restoration of passenger rail service between Chicago and Florida with service through numerous communities in Georgia and support coordinated state contributions to induce federal capital funding and will cooperate with other states in this effort. BE IT FURTHER RESOLVED that the Department of Transportation requests in its budget $100,000.00 for fiscal year 1994 for the multistate study on the impact of reinstituting such passenger rail service. 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 each member of the Georgia congressional delegation. Approved April 15, 1993.

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JOINT COMMISSION ON LEGISLATIVE INFORMATION MANAGEMENT CREATION. No. 45 (House Resolution No. 332). A RESOLUTION Creating the Joint Commission on Legislative Information Management; providing for the membership, powers, duties, operations, and funding of the commission; providing for staff services and interdepartmental cooperation; providing for other related matters; and for other purposes. WHEREAS, the operation of the legislative branch of state government depends in large part on management of information and communications technology; and WHEREAS, existing information and communications systems have served the legislative branch well but there exists a need for a comprehensive study to determine future strategies with respect to information and communications systems management for the legislative branch. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. (a) There is created the Joint Commission on Legislative Information Management. The commission shall be composed of five members of the Senate to be appointed by the President of the Senate and five members of the House of Representatives to be appointed by the Speaker of the House. The President of the Senate and Speaker of the House shall each appoint a cochairperson of the commission. The commission may elect such other officers, from among its membership or otherwise, as it deems appropriate for the performance of its duties. (b) The following officers and agents of the General Assembly shall serve as advisory nonvoting members of the commission, and they or their designees shall attend the meetings of the commission: the Secretary of the Senate; the Clerk of the House; the Legislative Counsel; the Legislative Budget Analyst;

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the Legislative Fiscal Officer; and the director of the Legislative and Congressional Reapportionment Office. Section 2. (a) The commission shall undertake a comprehensive study of the existing and future operations of the legislative branch of state government with respect to information and communications systems and systems management. Without limiting the generality of the foregoing, the commission is authorized to investigate and make recommendations with respect to the following issues: (1) Standardization and compatibility of information and communications systems within the legislative branch; (2) The coordination of legislative information and communications systems with those of the other branches and agencies of state government; (3) The availability of legislative information and communications resources to members of the General Assembly and its staff; (4) The availability of legislative information and communications resources to other branches and agencies of state government; (5) The availability of legislative information and communications resources to the general public; and (6) The availability to the legislative branch of information and communications resources from outside sources. (b) In its consideration of these issues and others, the commission shall take into account criteria which shall include, but not necessarily be limited to: (1) The cost and cost effectiveness, reliability, and expected useful life of information and communications systems and technologies, including a comparison of existing

Page 1218

systems and resources with any proposed new systems and resources; and (2) The desirability of the ready availability and transferability of information and data, as well as the need for appropriate security protection of information and data. Section 3. The commission shall continue in existence through December 31, 1994 at which time it shall stand abolished. The commission may make interim reports of its findings and recommendations to the General Assembly at such times as it deems appropriate and shall make a final report of findings and recommendations not later than December 31, 1994. Section 4. (a) All officers and agencies of state government shall make available to the commission such staff assistance and resources as may be requested by the commission, subject only to the availability of funds appropriated or otherwise available for the provision of such assistance and resources. (b) With the prior approval of the Legislative Services Committee, the commission may contract for staff assistance and resources to be provided from sources outside of state government; and the costs of any such contracts shall be paid from funds appropriated or otherwise available to the legislative branch of state government. Section 5. The commission shall meet on the call of the cochairpersons. The commission may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the purposes of this resolution; provided, however, that any meeting or travel outside the State of Georgia shall be approved in advance by the President of the Senate and the Speaker of the House. The legislative members of the commission shall receive the allowances authorized for legislative members of legislative interim committees. The funds necessary to carry out the provisions of this resolution

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shall come from funds appropriated or otherwise available to the legislative branch of state government. Approved April 15, 1993. FULTON COUNTY RECREATION STUDY COMMISSION CREATION. No. 46 (House Resolution No. 374). A RESOLUTION Creating the Fulton County Recreation Study Commission; and for other purposes. WHEREAS, local parks and recreation areas have been found to contribute positively to the economic prosperity and quality of life in Fulton County; and WHEREAS, the unincorporated area of Fulton County does not have adequate recreational facilities for its citizens, and there exists an urgent need to provide the citizens of such county and others with adequate recreation areas and facilities for the purpose of promoting the health, morals, and general welfare of such citizens; and WHEREAS, in some areas of the unincorporated area of Fulton County it is difficult for children to find a place to engage in recreational activities and organized sports programs; and WHEREAS, it is imperative that Fulton County develop additional parks and recreation areas prior to the 1996 Summer Olympic Games; and WHEREAS, further study is needed to identify programs, policies, issues, facility needs, and specific funding sources for parks and recreation areas in the unincorporated area of Fulton County.

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NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Fulton County Recreation Study Commission is created. The commission shall be composed of seven members as follows: (1) Two members of the Senate whose senatorial districts lie within the unincorporated area of Fulton County appointed by the President of the Senate; (2) Two members of the House of Representatives whose representative districts lie within the unincorporated area of Fulton County appointed by the Speaker of the House; (3) One member of the Board of Commissioners of Fulton County elected by said board of commissioners; and (4) Two citizens of Fulton County appointed by the chairperson of the Board of Commissioners of Fulton County. BE IT FURTHER RESOLVED that all members of the commission shall be elected or appointed by May 1, 1993. The organizational meeting of the commission shall be held at the call of the members who serve in the General Assembly. At the organizational meeting, the commission shall elect from its own membership a chairperson and such other officers as it finds necessary or desirable. The commission may adopt such rules or policies governing its operation and procedures as it finds necessary or desirable. The members of the commission shall serve without compensation and may not be reimbursed from public funds for expenses incurred by them in carrying out their duties as members of the commission. The commission may meet at such times and places as may be necessary to carry out its duties. BE IT FURTHER RESOLVED that the commission shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the commission deems necessary or appropriate.

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BE IT FURTHER RESOLVED that the commission shall complete its study by December 15, 1993, and submit its recommendations by December 31, 1993, to the members of the General Assembly who represent any portion of the unincorporated area of Fulton County and to each member of the Board of Commissioners of Fulton County. The commission shall stand abolished on December 31, 1993. Approved April 15, 1993. DICK LANE BRIDGE AND LT. HAROLD PINKY DURHAM MEDAL OF HONOR HIGHWAY DESIGNATED. No. 47 (House Resolution No. 400). A RESOLUTION Designating the Dick Lane Bridge; designating the Lt. Harold Pinky Durham Medal of Honor Highway; and for other purposes. Part 1 WHEREAS, Honorable Dick Lane, of the 55th District of the House of Representatives, is a native son of East Point, Georgia; and WHEREAS, having won his first election to the Georgia House of Representatives in 1966, at the conclusion of his present term Representative Dick Lane will have ably served the people of East Point and Fulton County for 28 years; and WHEREAS, upon completion of his current term of office, the gentleman from the 55th will hold the distinction of being the longest serving member of the Fulton County delegation in the House of Representatives; and

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WHEREAS, Honorable Dick Lane has served with distinction as the Chairman of the House Committee on State Planning and Community Affairs and as a respected and valued member of the House Committees on Rules and Appropriations and the Metropolitan Atlanta Rapid Transit Authority Overview Committee; and WHEREAS, throughout his nearly three decades of outstanding service in the House of Representatives, more than 160 Bills and 14 Constitutional Amendments authored by the gentleman of the 55th have become laws of this state; and WHEREAS, in addition to his many years of service in the General Assembly, Representative Dick Lane served as Recreation Director for the City of East Point, a position in which he was able to spread his love of sports and fitness and exert a positive influence on the health and physical well-being of countless young people; and WHEREAS, Representative Lane has received well-deserved recognition for his many outstanding athletic accomplishments, including All-State Running Back, Russell High School; former state Karate Champion; and commendations from President John F. Kennedy, and Governors Lester Maddox and Carl Sanders for Outstanding Performance in Recreation; and being chosen to serve as a member of the Georgia State Games Commission; and WHEREAS, Honorable Dick Lane is also a member of numerous civic organizations to which he devotes his time and energies including the Boy Scouts of America, the American Legion, the Veterans of Foreign Wars, the Yaarab Temple, the Scottish Rite of Freemasonry, the Free and Accepted Mason, the Loyal Order of Moose, the Georgia Congress of Parent and Teacher Association, the Fulton County Public Safety Training Center Advisory Board, the South Fulton Medical Center Board, the American Association of Retired Persons, and the Jefferson Avenue Baptist Church; and WHEREAS, in recognition of his many years of tireless and dedicated community and civic service, Honorable Dick Lane has received more than 175 awards from various clubs and

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organizations, including, the Distinguished Service Award, the Junior Chamber of Commerce; Under the Dome, the Georgia Federation of Women's Clubs; the Albert Wyatt Memorial Award, the Georgia National Head Injury Foundation; National American of the Year in 1988 from La Societe Des 40 Hommes et 8 Chevaux; the Georgia Municipal Association's Legislative Service Award for 1989 and 1990; the Association County Commissioners's Legislative Service Award for 1990, 1991, and 1992; the Georgia Parks and Recreation Society's Statewide Legislative Award in 1989; and, on five separate occasions, Statesman of the Year; and WHEREAS, Dick and his lovely wife, the former Betty Clay Jones, are the parents of Mindy, Laurie, and Rick and the proud grandparents of Kristin Leigh French, Kane French, Kyle Cook, and Kase Cook; and WHEREAS, it is fitting and proper to recognize and commemorate a lifetime of service, dedication, and commitment by Honorable Dick Lane to the people of East Point, Fulton County, and the State of Georgia. Part 2 WHEREAS, Harold Bascom Durham, Jr., was one of only 22 Georgians to be awarded the Congressional Medal of Honor, an award made posthumously; and WHEREAS, the Medal of Honor was first issued by Congress during the Civil War and is the highest United States military decoration awarded to service personnel who distinguish themselves by conspicuous gallantry and intrepidity at the cost of their lives above and beyond the call of duty; and WHEREAS, Lieutenant Durham of the United States Army served as a forward observer with Company D, 2nd Batallion, 28th Infantry in the Republic of Vietnam, and on October 17, 1967, he placed himself in a position exposed to enemy fire to adjust the supporting artillery fire onto the insurgents; and WHEREAS, he administered first aid to the wounded in spite of heavy enemy sniper fire directed toward him; and

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WHEREAS, he further endangered himself by assuming the duties of a wounded observer of Company A and was severely wounded by an enemy detonated mine and in spite of intense pain he continued to direct the supporting artillery upon the enemy and, while severely wounded a second time, he shouted a warning to a nearby soldier when Viet Cong approached, dying moments later; and WHEREAS, Lieutenant Durham's gallant actions in close combat with an enemy force are in keeping with the highest traditions of the military service and reflect great credit upon himself, his unit, and the United States Army. Part 3 NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge over the Chattahoochee River on State Route 166 in Fulton County, Georgia is designated as the Dick Lane Bridge. BE IT FURTHER RESOLVED that State Road 35, U. S. 319, in Tift County, Georgia, be designated as the Lt. Harold Pinky Durham Medal of Honor Highway in memory of his heroic service. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs at appropriate locations designating the Dick Lane Bridge and the Lt. Harold Pinky Durham Medal of Honor Highway. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to Honorable Dick Lane, Representative, 55th District. Approved April 15, 1993.

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GEORGIA LEAD POISONING PREVENTION STUDY COMMITTEE CREATION. No. 48 (House Resolution No. 180). A RESOLUTION Creating the Georgia Lead Poisoning Prevention Study Committee; and for other purposes. WHEREAS, lead poisoning is a common and societally devastating environmental afflication of young children; and WHEREAS, even at low levels, lead poisoning in children causes intelligence quotient deficiencies, reading and learning disabilities, impaired hearing, reduced attention span, hyperactivity, behavior problems, and other neurological problems; and WHEREAS, the neurological effects of low-level lead poisoning on young children can lower productivity and increase costs in special education and health care; and WHEREAS, it is estimated that as many as 15,000 Medicaid eligible children and thousands of other children below age six are affected by lead poisoning in Georgia; and WHEREAS, the ingestion of household dust containing lead from deteriorating or abraded lead based paint is the most common cause of lead poisoning in young children; and WHEREAS, the U. S. Department of Housing and Urban Development estimates that 14.5 million privately owned and occupied housing units in the south contain lead based paint; and WHEREAS, the danger posed by lead based paint hazards can be reduced or eliminated by safely removing lead based paint or by taking interim measures to prevent paint deterioration or by covering lead paint with durable construction materials; and

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WHEREAS, uninformed or improperly executed renovation or abatement activity performed in the home environment can expose workers and residents to dangerous lead dust; and WHEREAS, contractors and their workers who perform lead based paint removal and abatement and inspectors for lead poisoning hazards require special training in order to effectively and safely perform this work; and WHEREAS, state certification and licensure of lead based paint inspectors and contractors is a prerequisite for receiving millions of dollars in federal grants to assist low-income and moderate-income families abate lead hazards in the home; and WHEREAS, the National Residential Lead-Based Paint Hazard Reduction Act, Pub. Law 102-550, requires that, in 1996, potential buyers be informed of potential lead problems in homes built before 1978. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Georgia Lead Poisoning Prevention Study Committee to be composed of 14 persons, as follows: (1) Two members of the Georgia House of Representatives appointed by the Speaker of the House of Representatives; (2) Two members of the Georgia Senate appointed by the Lieutenant Governor; (3) One representative from the Georgia Department of Human Resources appointed by the commissioner of the Georgia Department of Human Resources; (4) The chairperson of the Georgia Childhood Lead Poisoning Prevention Committee or his or her designee; (5) Eight members appointed by the Governor as follows:

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(A) One practicing pediatrician; (B) One realtor; (C) One residential building and remodeling contractor; (D) One county commissioner; (E) One municipal official; (F) One occupational and environmental health professional; (G) One lead based paint inspection and abatement trainer; and (H) One member from the public at large. The Governor shall designate one of the Governor's appointees to serve as the chairperson of the committee. The chairperson shall call all meetings of the committee. BE IT FURTHER RESOLVED that the committee shall undertake a study and make recommendations on what actions or legislation is needed in the following areas: (1) Universal screening of children under age six for lead poisoning; (2) Reporting to a central registry of blood lead analyses performed by laboratories; (3) Case management and tracking of individual cases of lead poisoning; (4) Certification and licensure of lead based paint inspectors and contractors; (5) Owner obligation upon notice of existence of a lead hazard;

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(6) Definition of tenant's rights; (7) Financial assistance for low-income and moderate-income homeowners for lead hazard reduction, abatement, risk assessment, and inspection; (8) Lead waste disposal; (9) What constitutes an inspection and risk assessment; (10) Changes in property appraisal guidelines; (11) Enforcement mechanisms; and (12) Strategies for increasing primary prevention through public education. 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 legislators serving on the committee shall receive from legislative funds the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than five days. Nonlegislative members who are not state officials may receive from funds appropriated or otherwise available to the legislative branch of state government reimbursement for travel expenses on an as needed basis in order to attend meetings. State officials who are members shall be reimbursed for travel expenses from funds of their respective agencies. Travel expense reimbursement for all nonlegislative members shall be made in accordance with prevailing travel policy and procedures for state employees. The committee shall make a report of its findings and recommendations and suggestions for proposed legislation, if any, no later than December 31, 1993, at which time the committee shall stand abolished. Approved April 15, 1993.

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ELLIS GIBBS ARNALL TRIBUTE COMMISSION CREATION. No. 49 (Senate Resolution No. 156). A RESOLUTION Creating the Ellis Gibbs Arnall Tribute Commission; and for other purposes. WHEREAS, Ellis Gibbs Arnall streaked across the firmament of Georgia politics in the 1930's and 1940's and left an indelible legacy of reform and progress; and WHEREAS, he was elected Governor in 1942 and went on to forge historic reforms as Georgia's wartime Governor from 1943 to 1947; and WHEREAS, he was born in Newnan, Georgia, in 1907, graduated from the University of the South in 1928, and ranked first in the graduating class of 1931 at the University of Georgia School of Law; and WHEREAS, he served as Speaker Pro Tempore of the House of Representatives at the age of 25, Georgia Attorney General at 31, and Governor at 35; and WHEREAS, as Governor, he reformed the state's penal system and led the General Assembly in outlawing the use of chains and shackles on prisoners, outlawing whippings of prisoners, establishing vocational training, and in segregating juveniles and first offenders; and WHEREAS, he reformed the state's election laws by outlawing the poll tax and whites-only Democratic primary and by giving 18-year-olds the right to vote; and WHEREAS, in 1945, he led the way to the writing of a new state Constitution, the first since 1877; and WHEREAS, as Governor, he personally argued Georgia's case before the U.S. Supreme Court, successfully challenging

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discriminatory freight rates which held the south in economic bondage; and WHEREAS, as Governor, he inherited a $25.8 million state debt and left a $1 million surplus; and WHEREAS, he held a national appointment as President Truman's director of the Office of Price Stabilization during the Korean War in 1952; and WHEREAS, he died at the age of 85 on December 13, 1992; and WHEREAS, during a relatively brief period of time as a public servant, he used the magnetism of his personality, the force of his vision, and the justness of his causes to bring sweeping changes to this state that endure today; and WHEREAS, his tenure as Governor marked the transition of Georgia's political world into a new era; and WHEREAS, it is fitting and proper that a suitable tribute be created as a lasting testimony to his contributions to the State of Georgia. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Ellis Gibbs Arnall 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 Ellis Gibbs Arnall. 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

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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 15, 1993. CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS VARIOUS REVISIONS TO CORPORATE CODE. Code Title 14 Amended. No. 526 (House Bill No. 149). AN ACT To amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to change certain definitions relating to corporations; to add a definition of the term treasury shares; to change the provisions relating to publication of notices of intent to file articles of incorporation; to change the provisions relating to corporate by-laws; to change the provisions relating to issuance of shares; to change the provisions relating to shareholders' preemptive rights; to change the provisions relating to court-ordered meetings; to change the provisions relating to actions without meetings; to change the provisions relating to duties of officers; to change the provisions relating to the authority of the chief executive officer or president of a corporation; to change the provisions relating to elimination of a board of directors; to change the provisions relating to restated articles of incorporation; to change the provisions relating to amendment of bylaws by the board of directors or shareholders of a corporation; to change the provisions relating to bylaws increasing quorums or voting requirements for shareholders; to change the provisions relating

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to action on a plan of merger or share exchange; to change the provisions relating to publication of notices of merger or share exchange; to provide for a definition of the term corporate action relative to dissenters' rights; to change the provisions relating to notice of dissenters' rights; to change the provisions relating to offers of payment of dissenters; to change the provisions relating to the procedure if a shareholder is dissatisfied with a payment or offer; to change the provisions relating to court action; to change the provisions relating to publication of notice of intent to dissolve; to change the provisions relating to grounds for administrative dissolution; to change the provisions relating to the requirement of authority for a foreign corporation to transact business; to change the provisions relating to resignation of a registered agent of a foreign corporation; to change the provisions relating to annual registration and the requirements related thereto; to change the provisions relating to application of Chapter 2 of Title 14 to certain corporations; to change the provisions relating to saving provisions; to change the provisions relating to merger or consolidation of corporations incorporated by the Secretary of State; to change the provisions relating to merger or consolidation of corporations chartered by the Secretary of State with domestic corporations incorporated under Chapter 2 of Title 14; to change the provisions relating to merger or consolidation of corporations chartered by the Secretary of State with foreign corporations; to change the provisions relating to rights of a stockholder to dissent from merger or consolidation and demands for payment of value of stock; to repeal certain provisions relating to arbitration of the value of stock in corporations chartered by the Secretary of State; to provide for an assistant corporation commissioner and the powers, duties, and authority thereof; to make certain stylistic changes; 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 Code Section 14-2-140, relating to Code definitions, and inserting in lieu thereof a new Code Section 14-2-140 to read as follows:

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14-2-140. As used in this chapter, the term: (1) `Articles of incorporation' include amended and restated articles of incorporation and articles of merger. (2) `Authorized shares' means the shares of all classes a domestic or foreign corporation is authorized to issue. (3) `Conspicuous' means so written that a reasonable person against whom the writing is to operate should have noticed it. For example, printing in italics or bold-face or contrasting color or typing in capitals or underlined is conspicuous. (4) `Corporation' or `domestic corporation' means a corporation for profit, which is not a foreign corporation, incorporated under or subject to the provisions of this chapter. (5) `Deliver' includes mail. (6) `Distribution' means a direct or indirect transfer of money or other property (except its own shares) or incurrence of indebtedness by a corporation to or for the benefit of its shareholders in respect of any of its shares. A distribution may be in the form of a declaration or payment of a dividend; a purchase, redemption, or other acquisition of shares; a distribution of indebtedness; or otherwise. (7) `Effective date of notice' is defined in Code Section 14-2-141. (8) `Employee' includes an officer but not a director. A director may accept duties that make him or her also an employee. (9) `Entity' includes corporation and foreign corporation; nonprofit corporation; profit and nonprofit unincorporated association; business trust, estate, partnership, trust, two or more persons having a joint or

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common economic interest; and state, United States, and foreign government. (10) `Foreign corporation' means a corporation for profit incorporated under a law other than the law of this state. (11) `Governmental subdivision' includes authority, county, district, and municipality. (12) `Includes' denotes a partial definition. (13) `Individual' includes the estate of an incompetent or deceased individual. (14) `Mail' means the United States mail. (15) `Means' denotes an exhaustive definition. (16) `National securities exchange' means any securities exchange or securities quotation system if the securities listed on that exchange or system are exempt from the registration requirements of Chapter 5 of Title 10, known as the `Georgia Securities Act of 1973,' pursuant to paragraph (8) or (8.1) of Code Section 10-5-8 or any successor provision. (17) `Notice' is defined in Code Section 14-2-141. (18) `Person' includes individual and entity. (19) `Principal office' means the office (in or out of this state) so designated in the annual registration where the principal executive offices of a domestic or foreign corporation are located. (20) `Proceeding' includes civil suit and criminal, administrative, and investigatory action. (21) `Record date' means the date established under Article 6 or 7 of this chapter on which a corporation determines the identity of its shareholders and their shareholdings

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for purposes of this chapter. The determinations shall be made as of the close of business on the record date unless another time for doing so is specified when the record date is fixed. (22) `Secretary' means the corporate officer to whom the board of directors has delegated responsibility under subsection (c) of Code Section 14-2-840 for custody of the minutes of the meetings of the board of directors and of the shareholders and for authenticating records of the corporation. (23) `Shares' means the units into which the proprietary interests in a corporation are divided. (24) `Share exchange' means a plan of exchange of all of the outstanding shares of one or more classes or series of shares in accordance with Code Section 14-2-1102. (25) `Shareholder' means the person in whose name shares are registered in the records of a corporation or the beneficial owner of shares to the extent of the rights granted by a nominee certificate on file with a corporation. (26) `State,' when referring to a part of the United States, includes a state and commonwealth (and their agencies and governmental subdivisions) and a territory and insular possession (and their agencies and governmental subdivisions) of the United States. (27) `Subscriber' means a person who subscribes for shares in a corporation, whether before or after incorporation. (28) `Treasury shares' means shares of a corporation which have been issued and which subsequently have been acquired by the corporation if the articles of incorporation of such corporation provide that shares so acquired become treasury shares. Treasury shares shall be deemed to be issued shares, but not outstanding shares.

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(29) `United States' includes district, authority, bureau, commission, department, and any other agency of the United States. (30) `Voting group' means all shares of one or more classes or series that under the articles of incorporation or this chapter are entitled to vote and be counted together collectively on a matter at a meeting of shareholders. All shares entitled by the articles of incorporation or this chapter to vote generally on the matter are for that purpose a single voting group. Section 2. Said title is further amended by striking Code Section 14-2-201.1, relating to publication of notice of intent to file articles of incorporation, and inserting in lieu thereof a new Code Section 14-2-201.1 to read as follows: 14-2-201.1. (a) Together with the articles of incorporation, the incorporator or incorporators shall deliver to the Secretary of State an undertaking (which may appear in the articles of incorporation or be set forth in a letter or other instrument executed by an incorporator or any person authorized to act on behalf of the corporation) to publish a notice of the filing of the articles of incorporation as required by subsection (b) of this Code section. (b) No later than the next business day after filing the articles of incorporation, the incorporator shall deliver to the publisher of a newspaper which is the official organ of the county where the initial registered office of the corporation is to be located or which is a newspaper of general circulation published within such county whose most recently published annual statement of ownership and circulation reflects a minimum of 60 percent paid circulation a request to publish a notice in substantially the following form: `NOTICE OF INCORPORATION Notice is given that articles of incorporation which incorporate..... (name of corporation) have been delivered to the Secretary of State for filing in accordance with the Georgia Business Corporation Code.

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The initial registered office of the corporation is located at..... (address of registered office) and its initial registered agent at such address is..... (name of agent).' The request for publication of the notice shall be accompanied by a check, draft, or money order in the amount of $40.00 in payment of the cost of publication. The notice shall be published once a week for two consecutive weeks commencing within ten days after receipt of the notice by the newspaper. Failure on the part of the incorporator to deliver the notice or payment therefor or failure on the part of the newspaper to publish the notice in compliance with this subsection shall not invalidate the incorporation of the corporation or the filing of the articles of incorporation. Section 3. Said title is further amended by striking subsection (a) of Code Section 14-2-206, relating to bylaws, and inserting in lieu thereof a new subsection (a) to read as follows: (a) The incorporators or board of directors of a corporation shall adopt initial bylaws for the corporation. Bylaws adopted by the incorporators or board of directors prior to or contemporaneously with the issuance of any of the corporation's shares shall constitute bylaws adopted by the shareholders for all purposes of this chapter. Section 4. Said title is further amended by striking subsection (c) of Code Section 14-2-621, relating to issuance of shares, and inserting in lieu thereof a new subsection (c) to read as follows: (c) Before the corporation issues shares, the board of directors must determine that the consideration received or to be received for shares to be issued is adequate. That determination by the board of directors is conclusive insofar as the adequacy of consideration for the issuance of shares relates to whether the shares are validly issued, fully paid, and nonassessable, and the authorization by the board of directors of the issuance of shares constitutes such determination.

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Section 5. Said title is further amended by striking subsections (a) and (b) of Code Section 14-2-630, relating to shareholders' preemptive rights, and inserting in lieu thereof new subsections (a) and (b) to read as follows: (a) The shareholders of all corporations, other than those described in subsection (b) of this Code section, do not have a preemptive right to acquire the corporation's unissued or treasury shares, if any, except to the extent the articles of incorporation so provide. (b) The shareholders of the following corporations shall have preemptive rights as provided in subsection (c) of this Code section, unless the articles of incorporation expressly provide otherwise: (1) Corporations electing statutory close corporation status; and (2) Corporations in existence on July 1, 1989, whose; (A) Shareholders had such rights as of that date; or (B) Articles of incorporation have been restated or amended on or after July 1, 1989, with notice to the shareholders that such restatement or amendment would cause the shareholders of the corporation to have preemptive rights. Section 6. Said title is further amended by striking subsection (a) of Code Section 14-2-703, relating to court-ordered meetings, and inserting in lieu thereof a new subsection (a) to read as follows: (a) The superior court of the county where a corporation's registered office is located may summarily order a meeting to be held: (1) On application of any shareholder of the corporation if an annual meeting was not held within the earlier

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of six months after the end of a fiscal year of the corporation or 15 months after its last annual meeting; or (2) On application of a shareholder who signed a demand for a special meeting valid under Code Section 14-2-702, if: (A) Notice of the special meeting was not given within 30 days after the date the demand was delivered to the corporation's secretary; or (B) The special meeting was not held in accordance with the notice. Section 7. Said title is further amended by striking subsection (b) of Code Section 14-2-704, relating to action without a meeting, and inserting in lieu thereof a new subsection (b) to read as follows: (b) No written consent signed under this Code section shall be valid unless: (1) The consenting shareholder has been furnished the same material that, under this chapter, would have been required to be sent to shareholders in a notice of a meeting at which the proposed action would have been submitted to the shareholders for action, including notice of any applicable dissenters' rights as provided in Code Section 14-2-1320; or (2) The written consent contains an express waiver of the right to receive the material otherwise required to be furnished. Section 8. Said title is further amended by striking subsection (b) of Code Section 14-2-722, relating to proxies, and inserting in lieu thereof a new subsection (b) and by adding at the end of said Code section a new subsection (i) to read as follows: (b) A shareholder may appoint a proxy by executing a writing which authorizes another person or persons to vote

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or otherwise act on the shareholder's behalf. Execution may be accomplished by any reasonable means, including facsimile telecommunication, either personally or by an attorney in fact in the case of an individual shareholder or by an authorized officer, director, employee, or agent in the case of any other shareholder. Any copy, facsimile telecommunication, or other reliable reproduction of such writing or transmission may be substituted or used in lieu of the original writing or transmission for any and all purposes for which the original writing or transmission could be used, provided that such copy, fasimile telecommunication, or other reproduction shall be a complete reproduction of the entire original writing or transmission. (i) A corporation may adopt bylaws authorizing additional means or procedures for shareholders to exercise rights granted by this Code section. Section 9. Said title is further amended by striking Code Section 14-2-841, relating to duties of officers, and inserting in lieu thereof a new Code Section 14-2-841 to read as follows: 14-2-841. Each officer has the authority and shall perform the duties set forth in the bylaws or, to the extent consistent with the bylaws, the duties prescribed by the board of directors or by direction of an officer authorized by the board of directors to prescribe the duties of other officers. Unless the articles of incorporation, bylaws, or a resolution of the board of directors of a corporation provide otherwise, the chief executive officer (or the president if no person has been designated as chief executive officer) of a corporation shall have authority to conduct all ordinary business on behalf of such corporation and may execute and deliver on behalf of a corporation any contract, conveyance, or similar document not requiring approval by the board of directors or shareholders as provided in this chapter. Section 10. Said title is further amended by striking subsection (c) of Code Section 14-2-922, relating to elimination of a board of directors, and inserting in lieu thereof a new subsection (c) to read as follows:

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(c) While a corporation is operating without a board of directors as authorized by subsection (a) of this Code section: (1) All corporate powers shall be exercised by or under the authority of, and the business and affairs of the corporation managed under the direction of, the shareholders; (2) Unless the articles of incorporation, bylaws approved by the shareholders, or agreements among the shareholders provide otherwise; (A) Action requiring director approval or both director and shareholder approval is authorized if approved by the shareholders; and (B) Action requiring a majority or greater percentage vote of the board of directors is authorized if approved by the majority or greater percentage of the votes of shareholders entitled to vote on the action; (3) Those shareholders in whom the discretion or the powers of the board are vested are liable for the liability imposed by law upon directors; (4) A requirement by a state or the United States that a document delivered for filing contain a statement that specified action has been taken by the board of directors is satisfied by a statement that the corporation is a statutory close corporation without a board of directors and that the action was approved by the shareholders; (5) The shareholders by resolution may appoint one or more shareholders to sign documents as `designated directors'; and (6) Unless the context clearly requires otherwise, the shareholders of the corporation shall be deemed to be directors for purposes of applying provisions of this chapter.

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Section 11. Said title is further amended by striking subsections (d) and (f) of Code Section 14-2-1007, relating to restated articles of incorporation, and inserting in lieu thereof new subsections (d) and (f) to read as follows: (d) A corporation restating its articles of incorporation shall deliver to the Secretary of State for filing articles of restatement setting forth the name of the corporation and the text of the restated articles of incorporation including, or accompanied by a certificate setting forth, the following information: (1) Whether the restatement contains an amendment to the articles requiring shareholder approval, and, if it does not, that the board of directors adopted the restatement; or (2) If the restatement contains an amendment to the articles requiring shareholder approval, the information required by Code Section 14-2-1006. (f) The Secretary of State may certify restated articles of incorporation as the articles of incorporation currently in effect without including any certificate filed pursuant to subsection (d) of this Code section. Section 12. Said title is further amended by adding at the end of Code Section 14-2-1020, relating to amendment of bylaws by the board of directors or shareholders, a new subsection (d) to read as follows: (d) Bylaws adopted by the incorporators or board of directors prior to the issuance of any of the corporation's shares may be amended by the incorporators or the board of directors prior to the issuance of any of the corporation's shares. Section 13. Said title is further amended by striking subsection (b) of Code Section 14-2-1021, relating to bylaws increasing quorum or voting requirements for shareholders, and inserting in lieu thereof a new subsection (b) to read as follows:

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(b) Except as provided in Code Section 14-2-1020, 14-2-1113, or 14-2-1133, a bylaw that fixes a greater quorum or voting requirement for shareholders under subsection (a) of this Code section may not be adopted, amended, or repealed by the board of directors. Section 14. Said title is further amended by striking subsection (e) of Code Section 14-2-1103, relating to action on a plan of merger or share exchange, and inserting in lieu thereof a new subsection (e) to read as follows: (e) Unless this chapter, the articles of incorporation, the bylaws, or the board of directors (acting pursuant to subsection (c) of this Code section) requires a greater vote or a vote by voting groups, the plan of merger or share exchange to be authorized must be approved by: (1) A majority of all the votes entitled to be cast on the plan by all shares entitled to vote on the plan, voting as a single voting group; and (2) A majority of all the votes entitled to be cast by holders of the shares of each voting group entitled to vote separately on the plan as a voting group by the articles of incorporation. Section 15. Said title is further amended by striking Code Section 14-2-1105.1, relating to publication of notice of merger or share exchange, and inserting in lieu thereof a new Code Section 14-2-1105.1 to read as follows: 14-2-1105.1 (a) Together with the articles or certificate of merger or share exchange, the surviving or acquiring corporation shall deliver to the Secretary of State an undertaking (which may appear in the articles or certificate of merger or be set forth in a letter or other instrument executed by an officer or any person authorized to act on behalf of such corporation) that the request for publication of a notice of filing the articles or certificate of merger or share exchange and payment therefor will be made as required by subsection (b) of this Code section.

Page 1244

(b) No later than the next business day after filing the articles or certificate of merger or share exchange, the surviving or acquiring corporation shall mail or deliver to the publisher of a newspaper which is the official organ of the county where the registered office of the surviving or acquiring corporation is to be located, if the surviving corporation will be required to maintain a registered office in Georgia, or where the registered office of the merging or acquired corporation was located prior to the merger or share exchange in any other case, 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 (MERGER) (SHARE EXCHANGE) Notice is given that articles or a certificate of (merger) (share exchange) which will effect a (merger) (share exchange) by and between..... (name and state of incorporation of each of the constituent corporations) has been delivered to the Secretary of State for filing in accordance with the Georgia Business Corporation Code. The name of the (surviving) (acquiring) corporation in the (merger) (share exchange) is.....,, a corporation incorporated in the State of...... The registered office of such corporation (is) (will be) located at..... (address of registered office) and its registered (agent) (agents) at such address (is) (are)..... (name or names of agent or agents).' The request for publication of the notice shall be accompanied by a check, draft, or money order in the amount of $40.00 in payment of the cost of publication. The notice shall be published once a week for two consecutive weeks commencing within ten days after receipt of the notice by the newspaper. Failure on the part of the surviving or acquiring corporation to mail or deliver the notice or payment therefor or failure on the part of the newspaper to publish the notice in compliance with this subsection shall not invalidate the merger or share exchange.

Page 1245

Section 16. Said title is further amended by striking Code Section 14-2-1301, relating to definitions relative to dissenters' rights, and inserting in lieu thereof a new Code Section 14-2-1301 to read as follows: 14-2-1301. As used in this article, the term: (1) `Beneficial shareholder' means the person who is a beneficial owner of shares held in a voting trust or by a nominee as the record shareholder. (2) `Corporate action' means the transaction or other action by the corporation that creates dissenters' rights under Code Section 14-2-1302. (3) `Corporation' means the issuer of shares held by a dissenter before the corporate action, or the surviving or acquiring corporation by merger or share exchange of that issuer. (4) `Dissenter' means a shareholder who is entitled to dissent from corporate action under Code Section 14-2-1302 and who exercises that right when and in the manner required by Code Sections 14-2-1320 through 14-2-1327. (5) `Fair value,' with respect to a dissenter's shares, means the value of the shares immediately before the effectuation of the corporate action to which the dissenter objects, excluding any appreciation or depreciation in anticipation of the corporate action. (6) `Interest' means interest from the effective date of the corporate action until the date of payment, at a rate that is fair and equitable under all the circumstances. (7) `Record shareholder' means the person in whose name shares are registered in the records of a corporation or the beneficial owner of shares to the extent of the rights granted by a nominee certificate on file with a corporation.

Page 1246

(8) `Shareholder' means the record shareholder or the beneficial shareholder. Section 17. Said title is further amended by striking subsection (b) of Code Section 14-2-1320, relating to notice of dissenters' rights, and inserting in lieu thereof a new subsection (b) to read as follows: (b) If corporate action creating dissenters' rights under Code Section 14-2-1302 is taken without a vote of shareholders, the corporation shall notify in writing all shareholders entitled to assert dissenters' rights that the action was taken and send them the dissenters' notice described in Code Section 14-2-1322 no later than ten days after the corporate action was taken. Section 18. Said title is further amended by striking subsections (a) and (c) of Code Section 14-2-1325, relating to offers of payment to dissenters, and inserting in lieu thereof new subsections (a) and (c) to read as follows: (a) Except as provided in Code Section 14-2-1327, within ten days of the later of the date the proposed corporate action is taken or receipt of a payment demand, the corporation shall by notice to each dissenter who complied with Code Section 14-2-1323 offer to pay to such dissenter the amount the corporation estimates to be the fair value of his or her shares, plus accrued interest. (c) If the shareholder accepts the corporation's offer by written notice to the corporation within 30 days after the corporation's offer or is deemed to have accepted such offer by failure to respond within said 30 days, payment for his or her shares shall be made within 60 days after the making of the offer or the taking of the proposed corporate action, whichever is later. Section 19. Said title is further amended by striking subsection (b) of Code Section 14-2-1327, relating to procedure if a shareholder is dissatisfied with a payment or offer, and inserting in lieu thereof a new subsection (b) to read as follows:

Page 1247

(b) A dissenter waives his or her right to demand payment under this Code section and is deemed to have accepted the corporation's offer unless he or she notifies the corporation of his or her demand in writing under subsection (a) of this Code section within 30 days after the corporation offered payment for his or her shares, as provided in Code Section 14-2-1325. Section 20. Said title is further amended by striking subsection (c) of Code Section 14-2-1330, relating to court action, and inserting in lieu thereof a new subsection (c) to read as follows: (c) The corporation shall make all dissenters, whether or not residents of this state, whose demands remain unsettled parties to the proceeding, which shall have the effect of an action quasi in rem against their shares. The corporation shall serve a copy of the petition in the proceeding upon each dissenting shareholder who is a resident of this state in the manner provided by law for the service of a summons and complaint, and upon each nonresident dissenting shareholder either by registered or certified mail or by publication, or in any other manner permitted by law. Section 21. Said title is further amended by striking Code Section 14-2-1403.1, relating to publication of notice of intent to dissolve, and inserting in lieu thereof a new Code Section 14-2-1403.1 to read as follows: 14-2-1403.1. (a) Together with the notice of intent to dissolve provided for in Code Section 14-2-1403, the corporation shall deliver to the Secretary of State an undertaking (which may appear in the notice of intent to dissolve or be set forth in a letter or other instrument executed by an officer or any person authorized to act on behalf of such corporation) that the request for publication of a notice of intent to voluntarily dissolve the corporation and payment therefor will be made as required by subsection (b) of this Code section. (b) No later than the next business day after filing the notice of intent to dissolve provided for in Code Section 14-2-1403,

Page 1248

the corporation shall mail or deliver to the publisher of a newspaper which is the official organ of the county where the registered office of the corporation is located or which is a newspaper of general circulation published within such county whose most recently published annual statement of ownership and circulation reflects a minimum of 60 percent paid circulation a request to publish a notice in substantially the following form: `NOTICE OF INTENT TO VOLUNTARILY DISSOLVE A CORPORATION Notice is given that a notice of intent to dissolve..... (name of corporation), a Georgia corporation with its registered office at..... (address of registered office), has been delivered to the Secretary of State for filing in accordance with the Georgia Business Corporation Code.' The notice may also include the information specified in Code Section 14-2-1407. The request for publication of the notice shall be accompanied by a check, draft, or money order in the amount of $40.00 in payment of the cost of publication. The notice shall be published once a week for two consecutive weeks commencing within ten days after receipt of the notice by the newspaper. Failure on the part of the corporation to mail or deliver the notice or payment therefor or failure on the part of the newspaper to publish the notice in compliance with this subsection shall not invalidate the dissolution of the corporation. Section 22. Said title is further amended by striking Code Section 14-2-1420, relating to grounds for administrative dissolution, and inserting in lieu thereof a new Code Section 14-2-1420 to read as follows: 14-2-1420. The Secretary of State may commence a proceeding under Code Section 14-2-1421 to dissolve a corporation administratively if: (1) The state revenue commissioner has certified to the Secretary of State that the corporation has failed to

Page 1249

file a license or occupation tax return and that a period of one year has expired since the last day permitted for timely filing without the filing and payment of all required license and occupation taxes and penalties by the corporation; provided, however, that dissolution proceedings shall be stayed so long as the corporation is contesting, in good faith, in any appropriate proceeding, the alleged grounds for dissolution; (2) The corporation does not deliver its annual registration to the Secretary of State, together with all required fees and penalties, within 60 days after it is due; (3) The corporation is without a registered agent or registered office in this state for 60 days or more; (4) The corporation does not notify the Secretary of State within 60 days that its registered agent or registered office has been changed, that its registered agent has resigned, or that its registered office has been discontinued; (5) The corporation pays a fee as required to be collected by the Secretary of State pursuant to the Code by a check or some other form of payment which is dishonored and the corporation or its incorporator or its agent does not submit payment for said dishonored payment within 60 days from notice of nonpayment issued by the Secretary of State; or (6) Any notice which is required to be published by Code Section 14-2-201.1, 14-2-1006.1, 14-2-1105.1, or 14-2-1403.1 has not been published. Section 23. Said title is further amended by striking subsection (b) of Code Section 14-2-1501, relating to requirement of authority for a foreign corporation to transact business, and inserting in lieu thereof a new subsection (b) to read as follows:

Page 1250

(b) The following activities, among others, do not constitute transacting business within the meaning of subsection (a) of this Code section: (1) Maintaining or defending any action or any administrative or arbitration proceeding or effecting the settlement thereof or the settlement of claims or disputes; (2) Holding meetings of its directors or shareholders or carrying on other activities concerning its internal affairs; (3) Maintaining bank accounts, share accounts in savings and loan associations, custodian or agency arrangements with a bank or trust company, or stock or bond brokerage accounts; (4) Maintaining offices or agencies for the transfer, exchange, and registration of its securities or appointing and maintaining trustees or depositories with respect to its securities; (5) Effecting sales through independent contractors; (6) Soliciting or procuring orders, whether by mail or through employees or agents or otherwise, where the orders require acceptance without this state before becoming binding contracts and where the contracts do not involve any local performance other than delivery and installation; (7) Making loans or creating or acquiring evidences of debt, mortgages, or liens on real or personal property, or recording same; (8) Securing or collecting debts or enforcing any rights in property securing the same; (9) Owning, without more, real or personal property;

Page 1251

(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; (13) Owning and controlling a subsidiary corporation incorporated in or transacting business within this state; or (14) Acting as a general partner of a limited partnership organized under this title or qualified to do business within this state as a foreign limited partnership. Section 24. Said title is further amended by striking subsections (b) and (c) of Code Section 14-2-1509, relating to resignation of a registered agent of a foreign corporation, and inserting in lieu thereof new subsections (b) and (c) to read as follows: (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. (c) The agency appointment is terminated, and the registered office discontinued if so provided, on the earlier of the filing by the corporation of an amendment to its annual registration designating a new registered agent and registered office if also discontinued or the thirty-first day after the date on which the statement was filed.

Page 1252

Section 25. Said title is further amended by striking Code Section 14-2-1622, relating to annual registration for the Secretary of State, and inserting in lieu thereof a new Code Section 14-2-1622 to read as follows: 14-2-1622. (a) Each domestic corporation and each foreign corporation authorized to transact business in this state shall deliver to the Secretary of State for filing an annual registration that sets forth: (1) The name of the corporation, the employer identification number issued by the federal government, and the state or country under whose law it is incorporated; (2) The street address and county of its registered office and the name of its registered agent at that office in this state; (3) The mailing address of its principal office; and (4) The names and respective addresses of its chief executive officer, chief financial officer, and secretary, or individuals holding similar positions. (b) Information in the annual registration must be current as of the date the annual registration is executed on behalf of the corporation. (c) The first annual registration must be delivered to the Secretary of State between January 1 and April 1, or such other date as the Secretary of State may specify by rules or regulations, of the year following the calendar year in which a domestic corporation was incorporated or a foreign corporation was authorized to transact business. Subsequent annual registrations must be delivered to the Secretary of State between January 1 and April 1, or such other date as the Secretary of State may specify by rules or regulations, of the following calendar years. (d) The initial annual registration of a domestic corporation shall be filed within 90 days after the day its articles of incorporation are delivered to the Secretary of State for

Page 1253

filing. However, the initial annual registration of a domestic corporation whose articles of incorporation are delivered to the Secretary of State for filing subsequent to October 1 shall be filed between January 1 and April 1 of the year next succeeding the calendar year in which its certificate of incorporation is issued by the Secretary of State. (e) If an annual registration does not contain the information required by this Code section, the Secretary of State shall promptly notify the reporting domestic or foreign corporation in writing and return the report to it for correction. If the report is corrected to contain the information required by this Code section and delivered to the Secretary of State within 30 days after the effective date of notice, it is deemed to be timely filed. Section 26. Said title is further amended by striking subsection (d) of Code Section 14-2-1701, relating to application of Chapter 2 of Title 14, and inserting in lieu thereof a new subsection (d) to read as follows: (d) If the articles of incorporation, charter, or bylaws of a corporation in existence on July 1, 1989, contain any provisions that were not authorized or permitted by the prior general corporation law of this state but which are authorized or permitted by this chapter, the provisions of the articles of incorporation, charter, or bylaws shall be valid on and from that date, and action may be taken on and from that date in reliance on those provisions. If the articles of incorporation, charter, or bylaws of a corporation in existence on July 1, 1989, contain any provisions that were authorized or permitted by the prior general corporation law of this state, that were validly adopted under the law in effect at the time of their adoption, and that are authorized or permitted by this chapter, the provisions of the articles of incorporation, charter, or bylaws shall continue to be valid on and from that date, whether or not this chapter imposes requirements for the adoption of such provisions that are different from those in effect at the time the provisions were adopted. Section 27. Said title is further amended by striking subsection (a) of Code Section 14-2-1703, relating to saving provisions,

Page 1254

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 amendment or repeal of a statute by this chapter does not affect: (1) The operation of the statute or any action taken under it before its repeal; (2) Any ratification, right, remedy, privilege, obligation, cause of action, liability, penalty, or action or special proceeding acquired, accrued, or incurred under the statute before its repeal except as provided in subsection (f) of Code Section 14-2-630, and Code Section 14-2-1332; but the same, as well as actions that are pending on July 1, 1989, may be asserted, enforced, prosecuted, or defended as if the prior statute has not been repealed; (3) Any violation of the statute, or any penalty, forfeiture, or punishment incurred because of the violation, before its repeal; (4) Transactions validly entered into before July 1, 1989, and the rights, duties, and interests flowing from them shall remain valid thereafter and may be terminated, completed, consummated, or enforced as required or permitted by any statute repealed by this chapter as though the repeal had not occurred; (5) Any proceeding, reorganization, or dissolution commenced under the statute before its repeal, and the proceeding, reorganization, or dissolution may be completed in accordance with the statute as if it had not been repealed; or (6) Any provision of the articles of incorporation, charter, or bylaws of a corporation in existence on July 1, 1989, that was authorized or permitted by the prior general corporation law of this state, that was validity adopted under the law in effect at the time of its adoption,

Page 1255

and that is authorized or permitted by this chapter. Section 28. Said title is further amended by striking Code Section 14-3-1420, relating to grounds for administrative dissolution, and inserting in lieu thereof a new Code Section 14-3-1420 to read as follows: 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 a license or occupation tax return and that a period of one year has expired since the last day permitted for timely filing without the filing and payment of all required license and occupation taxes and penalties by the corporation; provided, however, that dissolution proceedings shall be stayed so long as the corporation is contesting, in good faith, in any appropriate proceeding, the alleged grounds for dissolution; (2) The corporation does not deliver its annual registration to the Secretary of State, together with all required fees and penalties, within 60 days after it is due; (3) The corporation is without a registered agent or registered office in this state for 60 days or more; (4) The corporation does not notify the Secretary of State within 60 days that its registered agent or registered office has been changed, that its registered agent has resigned, or that its registered office has been discontinued; or (5) The corporation pays a fee as required to be collected by the Secretary of State pursuant to the Code by a check or some other form of payment which is dishonored and the corporation or its incorporator or its agent does not submit payment for said dishonored payment

Page 1256

within 60 days from notice of nonpayment issued by the Secretary of State. Section 29. Said title is further amended by striking Code Section 14-3-1622, relating to annual registration of a corporation, and inserting in lieu thereof a new Code Section 14-3-1622 to read as follows: 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: (1) The name of the corporation, the employer identification number issued by the federal government, 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.

Page 1257

(d) The initial annual registration of a domestic corporation shall be filed within 90 days after the day its articles of incorporation are delivered to the Secretary of State for filing. However, the initial annual registration of a domestic corporation whose articles of incorporation are delivered to the Secretary of State for filing subsequent to October 1 shall be filed between January 1 and April 1 of the year next succeeding the calendar year in which its certificate of incorporation is issued by the Secretary of State. (e) If an annual registration does not contain the information required by this Code section, the Secretary of State shall promptly notify the reporting domestic or foreign corporation in writing and return the report to it for correction. If the report is corrected to contain the information required by this Code section and delivered to the Secretary of State within 30 days after the effective date of notice, it is deemed to be timely filed. Section 30. Said title is further amended by striking Code Section 14-4-140, relating to merger or consolidation of corporations incorporated by the Secretary of State, and inserting in lieu thereof a new Code Section 14-4-140 to read as follows: 14-4-140. Any two or more corporations incorporated by the Secretary of State under provisions other than Chapter 2 of this title, except banks and trust companies, may merge into a single corporation or enter into a share exchange in the manner set forth in Article 11 of Chapter 2 of this title. Section 31. Said title is further amended by striking Code Section 14-4-141, relating to merger or consolidation of corporations chartered by the Secretary of State with domestic corporations incorporated under Chapter 2 of Title 14, and inserting in lieu thereof a new Code Section 14-4-141 to read as follows: 14-4-141. A corporation which has received its charter from the Secretary of State under provisions other than Chapter 2 of this title, other than a bank or trust company,

Page 1258

may merge or enter into a share exchange with a domestic corporation or corporations governed by Chapter 2 of this title in accordance with Code Section 14-2-1108. Section 32. Said title is further amended by striking Code Section 14-4-142, relating to merger or consolidation of corporations chartered by the Secretary of State with foreign corporations, and inserting in lieu thereof a new Code Section 14-4-142 to read as follows: 14-4-142. A corporation which has received its charter from the Secretary of State under provisions other than Chapter 2 of this title, other than a bank or trust company, may merge or enter into a share exchange with one or more foreign corporations in accordance with Code Section 14-2-1107. Section 33. Said title is further amended by striking Code Section 14-4-143, relating to right of stockholder to dissent from merger or consolidation and demand for payment of value of stock, and inserting in lieu thereof a new Code Section 14-4-143 to read as follows: 14-4-143. If any corporation incorporated by the Secretary of State under provisions other than Chapter 2 of this title, except banks and trust companies, merges or enters into a share exchange with another corporation pursuant to Code Section 14-4-140, 14-4-141, or 14-4-142, the rights of shareholders of such corporation to dissent from and obtain payment of the fair value of their shares in connection with such merger or share exchange shall be governed by provisions of Article 13 of Chapter 2 of this title. Section 34. Said title is further amended by striking Code Section 14-4-144, which reads as follows: 14-4-144. In case of disagreement as to the value of his stock, a stockholder demanding payment under Code Section 14-4-143 may within 30 days after the filing of the articles with the Secretary of State apply for an arbitration by filing a petition in the superior court of the county in which was located the principal place of business of the corporation in

Page 1259

which the stockholder held stock or in the county in which is located the principal place of business of the surviving or resulting corporation. The court shall order the arbitration on reasonable notice of not less than ten days to the surviving or resulting corporation and to the dissenting stockholder. The stockholder and the corporation shall each choose one arbitrator within the time provided in the order of the judge of the superior court; and, if these two arbitrators shall not agree on the value of the stock, the arbitrators shall choose an umpire. If either party fails to appoint an arbitrator or if they are unable to agree within five days upon an umpire, an umpire shall be appointed by the judge of the superior court. The arbitrators and umpire, if an umpire is chosen, shall take an oath to appraise fairly and impartially the value of the stock and shall within the time limited by the judge of the superior court make a return to the court of their appraisal. The arbitrators and umpire may make an appraisal by the concurrence of a majority. If within ten days after the appraisal is filed in the office of the clerk of the superior court neither the stockholder nor the corporation shall enter in writing an appeal from the appraisal, an order shall be entered confirming the appraisal. When so confirmed, the appraisal shall be deemed conclusive., and inserting in lieu thereof the following: 14-4-144. Reserved. Section 35. Said title is further amended by striking Code Section 14-5-20, relating to the Secretary of State as corporation commissioner, and inserting in lieu thereof a new Code Section 14-5-20 to read as follows: 14-5-20. The Secretary of State shall be corporation commissioner and shall be charged with the execution of the duties set forth in Chapters 2 through 5 of this title. The corporation commissioner shall appoint a person as assistant corporation commissioner and shall delegate such of the commissioner's powers and duties to the assistant corporation commissioner as the corporation commissioner desires. Where the office of Secretary of State shall become vacant by resignation, death, or otherwise, the Secretary of State's

Page 1260

authority as corporation commissioner shall immediately vest in the assistant corporation commissioner who shall be charged with the execution of the duties of the Secretary of State set forth in this title until the office of Secretary of State ceases to be vacant. Section 36. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1993. MOTOR VEHICLES REGISTRATION PROOF; CONCURRENT TITLE AND REGISTRATION APPLICATIONS; SALVAGE VEHICLES; CANCELLATION OF TITLES; PENALTIES; NOTICE; STOLEN VEHICLES; VEHICLES DAMAGED BY FLOOD OR FIRE; NONREBUILDABLE VEHICLES; MOBILE HOMES; FEES; RESTRICTIONS ON REBUILDERS; VEHICLES SO DAMAGED THAT SAFE REPAIR IMPOSSIBLE. Code Title 40, Chapters 2 and 3 Amended. Code Section 40-3-36.1 Enacted. No. 527 (House Bill No. 164). AN ACT To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to require Georgia residents to maintain proof of vehicle registration in such motor vehicle at all times; to require concurrent submission of a motor vehicle title application at the time of application for registration or transfer of registration of such vehicle; to prohibit the payment of a total loss claim by an insurer until the owner provides title to the vehicle to the insurer for submission to the state for the addition of a salvage legend to such title; to impose certain requirements on owners, insurers, and lienholders to submit titles for salvage motor vehicles to the commissioner for cancellation; to provide for penalties for noncompliance; to require

Page 1261

an insurer to notify the owner of any motor vehicle for which a total loss claim is paid of all obligations regarding the registration and title of such vehicle prior to payment of such claim; to exempt certain vehicles suffering only minor damage from the definition of a salvage vehicle; to require inspection of stolen vehicles for which insurance claims are paid in order to determine whether such vehicles are to be declared salvage vehicles; to provide for designation of flood damaged and fire damaged vehicles on the face of the certificate of title; to prohibit issuance of a title for any vehicle declared nonrebuildable by any other state; to authorize exclusion of mobile homes from the certificate of title laws upon conversion to real property status; to provide for reissuance of a certificate of title to a mobile home which has been reconverted to tangible personal property status; to authorize imposition of an additional fee for issuance of a certificate of title for a vehicle previously titled in another country; to impose certain restrictions on rebuilders; to provide that vehicles damaged to the extent that safe repair of such vehicle is impossible shall not be titled under any circumstances; to provide for editorial revisions; 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, is amended by striking Code Section 40-2-8, relating to operation of an unregistered vehicle or a vehicle without a license plate, in its entirety and inserting in lieu thereof the following: 40-2-8. (a) Any person owning or operating any vehicle described in Code Section 40-2-20 on any public highway or street after May 1 of each year without complying with that Code section shall be guilty of a misdemeanor, provided that a person shall register his or her motor vehicle within 30 days after becoming a resident of this state. Any person renting, leasing, or loaning any vehicle described in Code Section 40-2-20 which is being used on any public highway or street after May 1 of each year without complying with that Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of $100.00 for each violation; and each day that such vehicle is operated in violation

Page 1262

of Code Section 40-2-20 shall be deemed to be a separate and distinct offense. (b) Any vehicle operated in the State of Georgia after May 1 of any year which is required to be registered and which does not have attached to the rear thereof a numbered license plate and current revalidation decal affixed to the upper right-hand corner of the license plate, if required, shall be stored at the owner's risk and expense by any law enforcement officer of the State of Georgia. It shall be a misdemeanor to operate any vehicle required to be registered in the State of Georgia without a valid numbered license plate properly validated; provided, however, that the purchaser of a new vehicle or a vehicle which does not have a current and valid registration or a used vehicle may operate such vehicle on the public highways and streets of this state without a current valid license plate during the 21 day period within which the purchaser is required by Code Section 40-2-20 to register or transfer the registration of such vehicle and provided, further, that the purchaser and operator of a vehicle shall not be subject to the penalties set forth in this Code section during the period allowed for the registration or transfer of registration. If the owner of such vehicle presents evidence that such owner has properly applied for the registration of such vehicle, but that the license plate or revalidation decal has not been delivered to such owner, then the owner shall not be subject to the above penalties. (c) It shall be unlawful and punishable as for a misdemeanor to operate any vehicle required to be registered in the State of Georgia without a valid county decal designating the county where the vehicle was last registered. Any person convicted of such offense shall be punished by a fine of $25.00 for a first offense and $100.00 for a second or subsequent such offense. However, a county name decal shall not be required if there is no space provided for a county name decal on the current license plate. Section 2. Said title is further amended by striking subsection (a) of Code Section 40-2-20, relating to motor vehicle registration and licensing requirements, in its entirety and inserting in lieu thereof the following:

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(a) Except as provided in subsection (b) of this Code section, every owner of a motor vehicle, including a tractor or motorcycle, and every owner of a trailer shall, on or before May 1 in each year, before he shall operate such motor vehicle or trailer, register such vehicle as provided in this chapter and obtain a license to operate it for the ensuing year. The purchaser of every new motor vehicle or other motor vehicle which does not have a current and valid Georgia registration, including tractors and motorcycles, or trailer shall, within 21 days of the date of purchase of such vehicle, register such vehicle as provided in this chapter, obtain a license to operate it for the ensuing year, and concurrently apply for a certificate of title in accordance with Chapter 3 of this title. The purchaser of every used motor vehicle, including tractors and motorcycles, or trailer which is currently registered shall, within 21 days of the purchase of such vehicle, transfer such registration as provided in Code Section 40-2-42 and concurrently apply for a certificate of title in accordance with Chapter 3 of this title. No person, company, or corporation, including, but not limited to, used motor vehicle dealers and auto auctions, shall sell or transfer a motor vehicle without providing to the purchaser or transferee of such motor vehicle the current Georgia certificate of registration on such vehicle at the time of such sale or transfer or, if such vehicle does not have a current and valid Georgia certificate of registration, the last certificate of registration for such vehicle; provided, however, that in the case of a repossessed or leased motor vehicle, a court ordered sale or other involuntary transfer, a salvage motor vehicle, or a motor vehicle which is stolen but subsequently recovered by the insurance company after payment of a total loss claim, the lienholder or lessor, the transferor, the salvage dealer, or insurer, respectively, shall not be required to obtain and transfer the certificate of registration for such vehicle, but shall, prior to the sale of such vehicle, surrender the license plate of such vehicle to the commissioner or the county tag agent by personal delivery or by certified mail for cancellation; provided, further, that in those cases where there is no current and valid Georgia certificate of registration or in those situations where the person, company, or corporation selling or transferring the motor vehicle does not possess the certificate of registration, then the purchaser or transferee of such motor vehicle, if

Page 1264

such purchaser or transferee is a licensed motor vehicle dealer, may apply to the appropriate county or state for a replacement certificate of registration. Section 3. Said title is further amended by striking subsection (b) of Code Section 40-2-66, relating to transfer of special license plates for members of Georgia National Guard, in its entirety and inserting in lieu thereof the following: (b) Upon transfer of the ownership of a private passenger vehicle upon which there is a license plate bearing the words `National Guard,' such plate shall be removed and the authority to use the same shall thereby be canceled; however, after such a transfer of ownership occurs, should the said member or retired member of the National Guard acquire another motor vehicle, the license plate issued pursuant to this Code section may be placed on such newly acquired motor vehicle and such member or retired member shall notify the commissioner of such transfer of the license plate to such newly acquired motor vehicle in such manner as the commissioner may prescribe by regulation and shall pay a transfer and cancellation fee of $5.00 and shall also pay license fees in an amount, if any, that the license fee for the newly acquired vehicle exceeds the license fee of the original vehicle. No transfer or cancellation fee shall be charged for the transfer of free National Guard license plates. There shall be a transfer and cancellation fee of $5.00 for the transfer of any other National Guard license plate. Should a member of the National Guard who has been issued a National Guard license plate be discharged or otherwise separated except by retirement from the National Guard, the immediate commanding officer of such member shall obtain the discharged member's National Guard license plate at the time of the discharge and shall forward same to the commissioner along with a certificate to the effect that such member has been discharged, and thereupon the commissioner shall issue a regular license plate, at no additional charge, to such former National Guard member to replace the National Guard plate. Should a member of the National Guard enlist or be commissioned in the National Guard after he has purchased a regular license plate for the current year, the commanding officer of the unit in which such member enlists or is commissioned

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shall likewise secure the regular license plate of such new member and return same to the commissioner, along with a certificate to the effect that such new member has been enlisted or commissioned in the National Guard and the effective date thereof, whereupon the commissioner shall issue a National Guard license plate, at no extra charge, to such new member to replace the regular plate returned to him. Upon such request for a change in plate for a discharged member of the National Guard or a newly enlisted member of the National Guard, the commanding officer shall furnish such member with a copy of his letter to the commissioner requesting the appropriate change in plate, which copy of such letter may be used by such member pending the issuance of the new plate. Section 4. Said title is further amended by striking paragraph (11) of Code Section 40-3-2, relating to the definition of salvage motor vehicle, in its entirety and inserting in lieu thereof the following: 40-3-2. (11) `Salvage motor vehicle' means any motor vehicle: (A) Which has been damaged to the extent that its restoration to an operable condition would require the replacement of two or more major component parts; (B) For which an insurance company has paid a total loss claim and the vehicle has not been repaired, regardless of the extent of damage to such vehicle or the number of major component parts required to repair such vehicle, but shall not mean or include any stolen motor vehicle which has been recovered with the public manufacturer's vehicle identification number plate intact and the vehicle: (i) Is undamaged; (ii) Has only cosmetic damage; or (iii) Has been damaged but only to the extent that its restoration to an operable condition will not

Page 1266

require the replacement of two or more major component parts; (C) Which is an imported motor vehicle which has been damaged in shipment and disclaimed by the manufacturer as a result of the damage, has never been the subject of a retail sale to a consumer, and has never been issued a certificate of title. The term salvage motor vehicle shall not include any motor vehicle for which a total loss claim has been paid which vehicle has sustained only cosmetic damage from causes other than fire or flood. Section 5. Said title is further amended by striking paragraphs (17) and (18) of Code Section 40-3-4, relating to exclusions from the certificate of title law, in their entirety and inserting in lieu thereof the following: (17) A vehicle with a model year prior to 1963; (18) A moped; or (19) A mobile home which has been declared real property by the tax commissioner or tax collector of the county within which such mobile home is located, and which mobile home is taxed as real property: (A) The owner of a mobile home which has a valid certificate of title and which becomes subject to the exclusion provided for in this paragraph shall apply for retirement of the certificate of title on the form prescribed by the commissioner. (B) If, subsequent to retirement of the title on a mobile home which has been declared real property and taxed as such, the mobile home is reconverted to tangible personal property the owner may apply for a new certificate of title in the manner prescribed by the commissioner. Section 6. Said title is further amended by striking subsection (a) of Code Section 40-3-21.1, relating to the impact

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fee for a vehicle titled outside of Georgia, in its entirety and inserting in lieu thereof the following: (a) When a certificate of title is issued for a motor vehicle that, at the time of applying for a certificate of title, is and has been titled in another state or country, a fee shall be levied of a minimum of $40.00 and a maximum of $200.00. The fee shall be based on the value of the vehicle as published in a schedule complied by the state revenue commissioner; provided, however, that the maximum fee shall apply to all vehicles with a fair market value in excess of $25,000.00. Pesons who have paid an equivalent fee on such motor vehicle in the state of origin within 90 days of applying for a new certificate of title in this state shall receive a credit against the fee due under this subsection. Section 7. Said title is further amended by striking Code Section 40-3-36, relating to salvage certificates of title, in its entirety and inserting in lieu thereof the following: 40-3-36. (a) (1) Any registered owner or authorized agent of a registered owner who in any manner sells or disposes of any motor vehicle as scrap metal or parts only or who scraps, dismantles, or demolishes a motor vehicle shall within 72 hours mail or deliver the certificate of title to the commissioner for cancellation. (2) (A) The registered owner of any motor vehicle which is damaged to the extent that its restoration to an operable condition would require the replacement of the front clip assembly, which includes the fenders, hood, and bumper; the rear clip assembly, which includes the quarter panels and the floor panel assembly; the top assembly, excluding a soft top; the frame; and a complete side, which includes the fenders, door, and quarter panel shall mail or deliver the certificate of title to the commissioner for cancellation. (B) A motor vehicle owner who retains possession of a damaged vehicle which is a salvage motor vehicle as defined in paragraph (11) of Code Section 40-3-2 shall surrender the license plates and registration

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for such vehicle, shall not operate such vehicle upon the roads of this state, and shall not sell, trade, or otherwise dispose of such vehicle prior to obtaining a salvage certificate of title for such vehicle. (C) Any insurance company which acquires a damaged motor vehicle by virtue of having paid a total loss claim shall mail or deliver the certificate of title to the commissioner for cancellation. In every case in which a total loss claim is paid and the insurance company does not acquire such damaged motor vehicle, the insurance company paying such total loss claim, the vehicle owner, and the lienholder or security interest holder, as applicable, shall take the following steps to secure a salvage certificate of title for such motor vehicle: (i) If the vehicle owner is in possession of the certificate of title, the owner shall deliver the certificate of title to the insurance company prior to any payment of the claim, and the insurance company shall mail or deliver the certificate of title, an application for a salvage certificate of title, and the form provided by the commissioner for issuance of a salvage certificate of title; (ii) If the certificate of title has been lost, destroyed, or misplaced, the vehicle owner shall, prior to payment of the claim on such vehicle, complete an application for a replacement title on the form provided by the commissioner and deliver such application and form to the insurance company and the insurance company shall mail or deliver such application and form to the commissioner for issuance of a replacement original title marked salvage; (iii) If the lienholder or security interest holder has possession of the certificate of title, the vehicle owner shall complete an application for a replacement title on a form provided by the commissioner and shall deliver the completed form to

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the insurance company prior to the payment of the claim; the insurance company shall thereafter mail or deliver the application to the commissioner with notice of the payment of the total loss claim and the name and address of the lienholder or security interest holder in possession of the title. The commissioner shall mail notice to the lienholder or security interest holder that a total loss claim has been paid on the vehicle and that the title to such vehicle has been cancelled, and the commissioner shall provide to the lienholder or security interest holder a salvage certificate of title for such vehicle, provided that the validity of the security interest shall not be affected by issuance of a salvage certificate of title. The lienholder or security interest holder shall, within ten days after receipt of such notice of total loss claim and cancellation of the original certificate of title, mail or deliver the cancelled original certificate of title to the commissioner; or (iv) For the sole purpose of payment of a total loss claim, for any vehicle ten years of age or older for which neither the vehicle owner nor the lienholder or security interest holder, if any, possesses a certificate of title, the vehicle owner shall deliver the vehicle license plate and certificate of registration for such vehicle to the insurance company prior to payment of any claim and the insurance company shall mail or deliver the license plate and certificate of registration to the commissioner with a completed form provided by the commissioner; provided, however, that the vehicle owner shall not operate such vehicle and the owner shall obtain a certificate of title for such vehicle as provided by law, which certificate of title shall then be subject to cancellation as provided in this paragraph. (D) The Department of Revenue shall give priority to the title submissions provided for in subparagraph (C) of this paragraph and shall issue a salvage

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certificate of title for such vehicles within seven days of receipt of such submissions by an insurance company. (b) Except as provided in subsection (a) of this Code section, any person, firm, or corporation which purchases or otherwise acquires a salvage motor vehicle shall apply to the commissioner for a salvage certificate of title for such motor vehicle within 30 days of the purchase or acquisition of the motor vehicle or within 30 days of the payment of a total loss claim as provided in paragraph (2) of subsection (a) of this Code section to the registered owner of the salvage motor vehicle, if the person, firm, or corporation intends to operate or to sell, convey, or transfer the motor vehicle; and no such person, firm, or corporation shall sell, transfer, or convey a salvage motor vehicle until such person, firm, or corporation has applied for and obtained a salvage certificate of title. (c) The application for a salvage certificate of title shall be made in a manner to be prescribed by the commissioner. (d) Any certificate of title which is issued to a salvage motor vehicle, as provided for in this Code section, shall contain the word `salvage' on the face of the certificate in such a manner as the commissioner may prescribe, so as to indicate clearly that the motor vehicle described is a salvage motor vehicle. (e) Notwithstanding this subsection and subsections (c) and (d) of Code Section 40-3-37, the legend `rebuilt' or `salvage' shall only be required to be placed on the certificate of title to a vehicle which was declared a salvage vehicle on or after July 1, 1979, and which was subsequently rebuilt. (f) As an alternative to criminal or other civil enforcement, the commissioner, in order to enforce this Code section or any orders, rules, and regulations promulgated pursuant to this Code section, may issue an administrative fine not to exceed $1,000.00 for each violation, whenever the commissioner, after a hearing, determines that any person has violated any provisions of this Code section or any regulations or orders promulgated under this Code section. The hearing

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and any administrative review thereof shall be conducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' Any person who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of the commissioner shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. All fines recovered under this subsection shall be paid into the state treasury. The commissioner may file, in the superior court (1) wherein the person under order resides; (2) if such person is a corporation, in the county wherein the corporation maintains its principal place of business; or (3) in the county wherein the violation occurred, a certified copy of a final order of the commissioner, whether unappealed from or affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect and proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the court. The penalty prescribed in this Code section shall be concurrent, alternative, and cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available to the commissioner with respect to any violation of this Code section or any order, rules, or regulations promulgated pursuant thereto. (g) The Commissioner of Insurance is authorized to enforce the provisions of this Code section to the extent such provisions are applicable to insurers which are under the jurisdiction of the Insurance Department. The Commissioner of Insurance is also authorized to cooperate with the commissioner in enforcing this Code section and to provide the commissioner with any information acquired by the Commissioner of Insurance during any investigation or proceeding involving this Code section. Nothing in this subsection shall be construed to limit the powers and duties of the commissioner to enforce the provisions of this Code section as such provisions apply to insurers. (h) It shall be unlawful for any person, firm, or corporation to violate the provisions of subsection (a), (b), or (c) of

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this Code section; and any person, firm, or corporation convicted of violating such provisions shall be guilty of a misdemeanor. Any owner of a salvage motor vehicle who transfers or attempts to transfer such vehicle without obtaining a salvage certificate of title for such vehicle shall be guilty of a misdemeannor of a high and aggravated nature, punishable by a fine not to exceed $5,000.00. Any lienholder or security interest holder who, after notice by the commissioner of payment of a total loss claim and cancellation of the title of a vehicle, fails or refuses to return the title to the commissioner or who surrenders the title to anyone other than the commissioner shall be guilty of a misdemeanor of a high and aggravated nature, punishable by a fine not to exceed $5,000.00. (i) The registered owner who retains possession of a salvage motor vehicle to whom a total loss claim has been paid shall promptly remove the license plate from such vehicle and return such plate to the commissioner for cancellation. An insurer which pays a total loss claim shall, on a form prescribed by the commissioner, notify the owner of the duty to remove and return such license plate for cancellation and of all inspection requirements for rebuilding or restoring such vehicle. (j) If any insurance company pays a total loss claim to the registered owner of a salvage motor vehicle titled in Georgia and takes possession of the salvage motor vehicle, then such insurance company, or its designee, shall remove the license plate, if available, from such vehicle and return such license plate to the commissioner for cancellation. If such license plate is unavailable, then the insurance company shall notify the commissioner of the license plate number of such salvage motor vehicle. Section 8. Said title is further amended by adding a new code Section 40-3-36.1 to read as follows: 40-3-36.1. For any salvage motor vehicle which, after inspection, it is determined that repair to an operable condition does not require replacement of two or more major component parts but it is determined that the damage to the vehicle

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is a result of flood or fire shall be designated as flood damaged or fire damaged by the commissioner and such designation shall be indicated on the face of the certificate of title for such vehicle. Section 9. Said title is further amended by striking Code Section 40-3-37, relating to inspection of salvaged and rebuilt vehicles, in its entirety and inserting in lieu thereof the following: 40-3-37. (a) As used in this Code section, the term: (1) `Application for a certificate of title on a recovered stolen motor vehicle' means an application for a certificate of title for a motor vehicle for which an insurance company has paid a total loss claim, has obtained a title marked `unrecovered stolen motor vehicle,' and which has subsequently been recovered. (2) `Application for a certificate of title on a salvaged or rebuilt motor vehicle' means: (A) An application for a certificate of title for a motor vehicle for which a current Georgia certificate of title is marked `salvage' pursuant to subsection (e) of Code Section 40-3-36 and which has been repaired; (B) An application for a certificate of title for a motor vehicle for which a current out-of-state certificate of title is marked `salvage,' `rebuilt,' or `restored,' or any similar such phrase; or (C) An application for a certificate of title for a motor vehicle for which a current Georgia certificate of title is marked `salvage' pursuant to subsection (e) of Code Section 40-3-36 and for which the transferee is anyone other than a licensed dealer as defined in Code Section 43-48-2. (b) (1) Upon receipt of an application for a certificate of title on a salvaged or rebuilt motor vehicle, the commissioner

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shall promptly conduct an initial inspection on each such motor vehicle prior to the issuance of a certificate of title for the motor vehicle. Upon receipt of an application for a certificate of title on a recovered stolen motor vehicle which has been stripped of: (A) Substantially all its interior parts; (B) Engine; (C) Transmission; (D) All doors; (E) Complete soft top assembly including roof mechanism; (F) Front clip assembly (fenders, hood, and bumper); or (G) Cab and bed of a pick-up truck, the commissioner shall promptly conduct an initial inspection on each such motor vehicle prior to the issuance of a certificate of title for the motor vehicle. The initial inspection shall include, but shall not be limited to, verification of the vehicle identification number, verification of the bills of sale or title for the major components, verification in regard to rebuilt vehicles that the word `rebuilt' is permanently affixed as required by subsection (d) of this Code section, verification that the vehicle was rebuilt in the State of Georgia, and, if the vehicle has been repaired, verification that the motor vehicle conforms to all safety equipment standards required by law. The commissioner shall be authorized to charge a fee of $50.00 for each initial inspection of each motor vehicle inspected. In the event a third or subsequent reinspection is required for any one motor vehicle under this Code section, the commissioner shall be authorized to charge a fee of $50.00 for the third and each subsequent reinspection. The commissioner may conduct any such initial inspection and any required reinspections even

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though the motor vehicle may have been previously inspected under this Code section. (2) If, upon inspection under paragraph (1) of this subsection, it is determined that the motor vehicle is not in full compliance with the law, the commissioner shall refuse to issue a certificate of title until compliance is reached. The commissioner may order additional, corrective repairs to such vehicle as a condition of issuance of a certificate of title. (c) All applications submitted pursuant to this Code section shall be accompanied by one or more photographs of the motor vehicle in its salvaged condition before any repairs have been made to such vehicle, which photographs shall be used by the commissioner in his inspections of the vehicle pursuant to this Code section. Any person who rebuilds or repairs a salvage motor vehicle shall submit an application for a certificate of title and obtain an inspection of such vehicle prior to the painting of such vehicle. (d) (1) (A) Upon inspection under subsection (b) of this Code section, if it is determined that the motor vehicle has been restored to an operable condition by the replacement of two or more major component parts, a certificate of title may be issued for such motor vehicle which shall contain the word `rebuilt' on its face in such manner as the commissioner shall prescribe. This requirement will indicate to all subsequent owners of the motor vehicle that such is a rebuilt motor vehicle. If any such inspection determines that the motor vehicle shall require the replacement of two or more major component parts in order to restore the motor vehicle to an operable condition, a certificate of title may be issued for such motor vehicle which shall contain the word `salvage' on its face in such manner as the commissioner shall prescribe. This requirement will indicate to all subsequent owners of the motor vehicle that such is a salvage motor vehicle.

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(B) If it is determined that the motor vehicle required or shall require the replacement of two or more major component parts in order to restore the motor vehicle to an operable condition, the person, firm, or corporation restoring or owning such motor vehicle shall cause the word `rebuilt' to be permanently affixed to said motor vehicle after inspection by the commissioner. The word `rebuilt' shall be affixed in a clear and conspicuous manner to the door post or such other location as the commissioner may prescribe. The word `rebuilt' shall be stamped on the motor vehicle or shall be stamped on a metal plate which shall be riveted to the motor vehicle or shall be permanently affixed to the motor vehicle in such manner as the commissioner may prescribe. The requirement of this subparagraph shall only apply to motor vehicles restored after November 1, 1982. (2) Upon inspection by the commissioner and compliance with paragraph (2) of subsection (b) of this Code section, if it is determined that the motor vehicle does not require the replacement of two or more major components or has not had two or more major components changed, a certificate of title may be issued. (3) If, after the initial inspection, the commissioner determines that the damage is so extensive that returning such vehicle to a safe, operable condition is impossible, the salvage certificate shall be revoked and such vehicle may only be used for scrap or parts. A vehicle for which such a determination is made shall not be issued a title under any circumstances or conditions including but not limited to obtaining of a surety bond. (e) Any person, firm, or corporation who rebuilds or repairs a motor vehicle whose current certificate of title is marked `salvage' shall make application for and obtain a certificate of title as provided in this Code section prior to the sale or transfer of said motor vehicle. If, under the laws of any other state, a vehicle has been declared to be nonrebuildable, the commissioner shall not issue any certificate

Page 1277

of title for such vehicle and the vehicle shall not be used for any purpose except parts. (f) (1) Motorcycles shall be exempt from the salvage laws of this state. (2) Motor vehicles which have been altered by the installation of a glider kit shall be issued a certificate of title containing the word `rebuilt.' Section 10. Said title is further amended by striking subsection (c) of Code Section 40-3-56, relating to satisfaction of security interests and liens, in its entirety and inserting in lieu thereof the following: (c) Except for liens and security interests listed on certificates of title for mobile homes, cranes, or vehicles which weight more than 10,000 pounds gross vehicle weight, which shall be satisfied only in conformity with subsections (a) and (b) of this Code section, any lien or security interest shall be considered satisfied and release shall not be required after ten years from the date of issuance of a title on which such lien or security interest is listed. None of the provisions of this Code section shall preclude the perfection of a new lien or security agreement, or the perfection of an extension of a lien or security agreement beyond a period of ten years, by application for a new certificate of title on which such lien or security agreement is listed. In order to provide for the continuous perfection of a lien or security interest originally entered into for a period of more than ten years for a vehicle other than a mobile home, crane, or vehicle which weighs more than 10,000 pounds gross vehicle weight, an application for a second title on which the lien or security interest is listed must be submitted to the commissioner before ten years from the date of the original title on which such lien or security interest is listed. Otherwise the lien or security interest shall be perfected as of the date of receipt of the application by the commissioner.

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Section 11. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1993. TORTS CIVIL IMMUNITY FOR LICENSED PHYSICIANS PERFORMING PHYSICALS TO STUDENT ATHLETES OR SERVING AS TEAM DOCTORS WITHOUT COMPENSATION; LIABILITY FOR WILLFUL OR WANTON ACTS OR OMISSIONS. Code Section 51-1-43 Enacted. No. 528 (House Bill No. 252). AN ACT To amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to torts in general, so as to provide that licensed physicians performing physicals to student athletes or serving as team doctors without compensation on a volunteer basis shall be immune from civil liability; to provide for civil liability for willful or wanton acts or omissions; 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 51 of the Official Code of Georgia Annotated, relating to torts in general, is amended by adding a new Code section at the end to read as follows: 51-1-43. Any person licensed to practice medicine and surgery pursuant to Article 2 of Chapter 34 of Title 43 and including any person licensed to render services ancillary thereto who in good faith renders voluntary service without compensation as an athletic team physician, either as the team doctor during or in conjunction with athletic practice activities or athletic contests or in conducting preseason

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physicals for athletes, shall not be liable for any civil damages as a result of any act or omission by such person in rendering such voluntary service or in conducting such physicals or as a result of any act or failure to act to provide or arrange for further medical treatment or care for the amateur or nonprofessional athlete. Liability for civil damages shall attach to any willful or wanton act or omission by such person committed in rendering such voluntary service or in conducting such physicals or as a result of any act or failure to act to provide or arrange for further medical treatment or care for the athlete. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1993. EDUCATION LOCAL BOARDS; MEMBERSHIP; TERMS; SALARIES; VACANCIES. Code Title 20, Chapter 2 Amended. Code Sections 21-5-3 and 45-2-1 Amended. No. 529 (House Bill No. 300). 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 statutorily implement certain changes required by Article VIII, Section V of the Constitution which provides for elected boards of education and appointed school superintendents; to change the qualifications for office for members of local boards of education; to provide for terms of such offices; to change the provisions relating to certifications of elections for, appointments to, and resignations from such offices; to change the provisions relating to vacancies in such offices; to change the provisions relating to compensation and expenses for such offices; to change the manner in which certain

Page 1280

insurance may be provided; to provide for nonpartisan primaries and nonpartisan elections for such offices; to change the provisions relating to selection and terms of chairpersons of such offices; to change the manner of employing superintendents of local school systems and the qualifications thereof and to provide for vacancies in those offices; to provide for school superintendent employment contracts; to specifically repeal provisions relating to qualifications, suspension, and removal of school superintendents and vacancies in such offices; to change the provisions relating to eligibility for school enrollment; to change the provisions relating to annual performance evaluations; to change the provisions relating to due process procedures for certain controversies; to amend Code Section 21-5-3 of the Official Code of Georgia Annotated, relating to definitions in Chapter 5 of Title 21, the Ethics in Government Act, so as to delete certain references to elected school superintendents; to amend Code Section 45-2-1 of the Official Code of Georgia Annotated, relating to persons ineligible for public office, so as to change certain residency requirements for appointed school superintendents; 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 20-2-51, relating to selection of members of county boards of education, and inserting in its place a new Code section to read as follows: 20-2-51. (a) No person shall be eligible for election as a member of a local board of education who is not a resident of the school district in which that person seeks election and of the election district which such person seeks to represent. Whenever there is in a portion of any county a local school system having a board of education of its own, receiving its pro rata of the public school fund directly from the State School Superintendent and having no dealings whatever with the local board, then the members of the board of such county shall be selected from that portion of the county not embraced within the territory covered by such local system.

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(b) Whenever a member of a local board of education moves that person's domicile from the district which that person represents, such person shall cease to be a member of such local board of education, and a vacancy shall occur. (c) No person employed by or serving on the governing body of a private educational institution shall be eligible to serve as a member of a local board of education. No person employed by a local board of education shall be eligible to serve as a member of that board of education. No person employed by the Department of Education or serving as a member of the State Board of Education shall be eligible to serve as a member of a local board of education. This subsection shall not apply to institutions above the high school level. (d) In all counties of this state having a population of not less than 500,000 or more than 600,000 according to the United States decennial census of 1990 or any future such census, the members of the county boards of education taking office after December 1, 1975, shall not hold any other elective governmental office. If any member of any such board should qualify at any time after December 1, 1975, for nomination or election to any other elective governmental office other than for membership on such county board, such member's position on such county board shall thereby become vacant. Such vacancy shall be filled as provided by the law applicable to any such county board. Section 2. Said chapter is further amended by striking Code Section 20-2-52, relating to residence and other qualifications of school board members, and inserting in its place a new Code section to read as follows: 20-2-52. Members of local boards of education shall be elected for terms of four years unless their terms are otherwise provided by local Act or constitutional amendment. Section 3. Said chapter is further amended by striking Code Section 20-2-53, relating to certifying selection of school board members, and inserting in its place a new Code section to read as follows:

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20-2-53. In addition to certifications of elections now required to be made to the Governor, it shall be the duty of the elections superintendent of each system or other political subdivision to transmit to the Secretary of State and to the State School Superintendent a certified statement of the election of members of a local board of education. Where board members are appointed under any law to fill vacancies, it shall be the duty of the local superintendent of schools to certify these appointments to the Secretary of State, the State School Superintendent, and to the Governor. All resignations from such boards, in addition to being submitted to the Governor, shall be submitted to the local superintendent of schools and a copy thereof shall be transmitted to the Secretary of State and to the State School Superintendent. Section 4. Said chapter is further amended by striking Code Section 20-2-54.1, relating to filling vacancies on local boards of education, and inserting in its place a new Code section to read as follows: 20-2-54.1. (a) In all instances where local laws applicable to local boards of education do not provide otherwise, a vacancy occurring for any reason on a local board of education shall be filled as follows: (1) If the vacancy occurs more than 90 days prior to the date of a general election preceding the general election at which a successor will be elected to a new full term of office, then such vacancy shall be filled for the unexpired term of office at a special election to be held on the same date as said general election preceding the general election at which a successor will be elected to a new full term of office; and in this case the remaining members of the board of education shall, by majority vote, select a qualified person to fill the vacancy until the person elected at such special election takes office; and (2) If the vacancy does not occur more than 90 days prior to the date of a general election preceding the general election at which a successor will be elected to a new full term of office, then the remaining members of the

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local board of education shall, by majority vote, select a qualified person to serve for the remainder of the unexpired term. (b) Any person elected or appointed to fill a vacancy pursuant to subsection (a) of this Code section shall possess the same qualifications required for election to a full term of office as provided by law applicable to the office wherein the vacancy occurred. As applied to special elections under subparagraph (a)(1)(A) of this Code section, if the office wherein the vacancy occurred is filled by election of voters within a portion of the local school district, then the special election shall be held within that portion of the local school district, but if the office wherein the vacancy occurred is filled by the voters within the entire school district, then the special election shall be held within the entire school district. Section 5. Said chapter is further amended by striking Code Section 20-2-55, relating to per diem and expenses of local board members, and inserting in its place a new Code section to read as follows: 20-2-55. (a) In any local school system for which no local Act is passed, members of the local board of education shall, when approved by the local board affected, receive a per diem of $50.00 for each day of attendance at meetings of the board and while meeting and traveling within or outside the state as a member of a committee of the board on official business first authorized by a majority of the board, plus reimbursement for actual expenses necessarily incurred in connection therewith. The accounts for such service and expenses shall be submitted for approval to the local school superintendent. In all school districts the compensation of members of local boards shall be paid only from the local tax funds available to local boards for educational purposes. (b) (1) A local board of education is authorized to provide group medical and dental insurance for its members who elect to participate. Such insurance may be provided through a group policy secured by the local school district, a group policy secured by several local school districts, or by a policy secured by an organization of local

Page 1284

school boards. A board providing such insurance shall pay no greater percentage of the cost of that insurance than the percentage of the cost paid as an employer contribution by the state for the health insurance plan for state employees pursuant to Article 1 of Chapter 18 of Title 45. The remainder of such insurance costs, and all the costs of any coverage for family members, shall be paid as an employee contribution by the board member. (2) Taxes levied by or on behalf of a local board of education may be expended for employer contributions, but not employee contributions, required for insurance coverage of members of that board as provided in paragraph (1) of this subsection. Such expenditures on behalf of any member may continue only as long as that member continues in office and makes any employee contribution required for such coverage. That member, and eligible dependents thereof, shall be ineligible for coverage pursuant to the provisions of subsection (b) of this Code section upon such person's ceasing to serve as a member of a local board of education. Such expenditure for the employer contribution shall be in addition to, and not in lieu of, any salary, expense, per diem, or other compensation payable to that member of a local board of education. Section 6. Said chapter is further amended by striking Code Section 20-2-56 and inserting in its place a new Code section to read as follows: 20-2-56. (a) Notwithstanding any other provisions of law to the contrary, the General Assembly may provide by local law for the nomination and election in nonpartisan primaries and elections of candidates to fill the offices of members of boards of education using the procedures established in Code Section 21-2-139 or, in the case of independent school systems, for the nomination and election in nonpartisan primaries and elections or for the election in nonpartisan elections of candidates to fill the offices of members of the boards of education of those independent school systems using the procedures established in Code Section 21-3-95.

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(b) Pursuant to the authority of this subsection, members of any local board of education who are required to be elected to such offices in nonpartisan primaries and elections, when such requirement is imposed by the terms of a local law which became effective before this subsection may become effective under the Voting Rights Act of 1965, as amended, shall continue to be elected in such nonpartisan primaries and elections, unless thereafter changed by local law. Section 7. Said chapter is further amended by striking Code Section 20-2-57, relating to organization of local boards of education, and inserting in its place a new Code section to read as follows: 20-2-57. (a) Unless otherwise provided by local law or, in the absence of local law, by local board policy, upon being called together by one of their number, the members of the local board shall organize by selecting one of their number as chairperson to serve as such during the term for which that person was chosen as a member of the local board. The local school superintendent shall act as secretary of the local board, ex officio. A majority of the local board shall constitute a quorum for the transaction of business. It shall be the duty of the superintendent or their nominee as secretary to be present at the meetings of the local 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 the superintendent to do. The superintendent or their nominee shall record in a book, to be provided for the purpose, all official proceedings of the local 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 chairperson and countersigned by the secretary. (b) Pursuant to the authority of this subsection, any local board of education whose chairperson is required to be a member of that board who is elected at large from its school district, when such requirement is imposed by the terms of a local law which became effective before this subsection may become effective under the Voting Rights Act of 1965, as

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amended, shall continue to have as its chairperson that same member who is elected at large as designated by that local law, unless thereafter changed by local law. Section 8. Said chapter is further amended by striking Code Section 20-2-101, relating to the election of local superintendents of schools, and inserting in its place a new Code section to read as follows: 20-2-101. (a) Superintendents of each school system shall be employed by the local Board of Education under written contracts for a term of not less than one year and not more than two years. Those provisions of any local Act which authorize employment contracts with a school superintendent which are of a duration which exceeds that authorized by this subsection, which local Act became effective before, at the time of, or after this subsection becomes effective, are repealed. Any contract entered into pursuant to the provisions of a local Act repealed by the terms of the preceding sentence of this subsection shall not be affected by such repeal for the duration of that contract as specified immediately before this subsection becomes effective as long as that contract was valid at such time. (b) No person shall be eligible to be appointed or employed as superintendent of schools of any county or independent school system unless such person is of good moral character, has never been convicted of any crime involving moral turpitude, and possesses acceptable business or management experience as specified by the Professional Standards Commission or the minimum valid certificate or a letter of eligibility for said certificate required by the Professional Standards Commission. (c) Superintendents shall have such additional qualifications as may be prescribed by local law or policies of the local board for that school district, not inconsistent with the provisions of this chapter. (d) This Code section shall not apply to any elected school superintendent in office on January 1, 1993, during the term of office for which that person was elected.

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(e) Where a vacancy occurs in the office of any elected superintendent of a local school system on or after January 1, 1993, the local board shall appoint and employ a successor in accordance with this Code section. (f) No substantive or procedural right regarding employment or termination of employment of a superintendent by a local school system shall be created by this Code section. Rather, the terms and conditions of employment of a school superintendent by a local school system shall be determined exclusively by the contract between those parties and may include, without being limited to, the conditions under and procedures by which that contract may be terminated prior to the end of the term of that contract. Section 9. Said chapter is further amended by repealing Code Section 20-2-102, relating to qualifications of county school superintendents. Section 10. Said chapter is further amended by repealing Code Section 20-2-105, relating to suspension of county school superintendents. Section 11. Said chapter is further amended by repealing Code Section 20-2-106, relating to removal of the county school superintendent. Section 12. Said chapter is further amended by repealing Code Section 20-2-107, relating to filling vacancies in the office of elected superintendents. Section 12.1. Said chapter is further amended by striking subsection (d) of Code Section 20-2-150, relating to eligibility for enrollment, and inserting in its place the following: (d) No child or youth shall be admitted to any public school of the state until the parent or guardian provides to the proper school authorities an official copy of that child's social security number which shall be incorporated into the official school records pertaining to that child or youth. Each local unit of administration shall establish and implement a plan for providing the public appropriate notice of the information

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required of every student under its jurisdiction prior to the beginning of each school year. School authorities may provisionally admit a child for whom an official social security number has not been provided if the parent or guardian completes a postage-paid application for a social security number at the time of enrollment. A parent or guardian who objects to the incorporation of the social security number into the school records of a child may have the requirement waived by signing a statement objecting to the requirement. Section 13. Said chapter is further amended by striking Code Section 20-2-210, relating to annual performance evaluation, and inserting in its place a new Code section to read as follows: 20-2-210. All personnel employed by local units of administration, including appointed school superintendents, shall have their performance evaluated annually by appropriately trained evaluators. All such performance evaluation records shall be part of the personnel evaluation file and shall be confidential. In the case of local school superintendents, such evaluations shall be performed by the local board of education. Certificated professional personnel who have deficiencies and other needs shall have professional development plans designed to mitigate such deficiencies and other needs as may have been identified during the evaluation process. Progress relative to completing the annual professional development plan shall be assessed during the annual evaluation process. The State Board of Education shall adopt such regulations and standards as are deemed necessary to ensure that the annual evaluation and professional improvement planning processes are as objective, equitable, and effective as possible. The state board shall provide for the development and implementation by July 1, 1989, of a 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. Section 13.1. Said chapter is further amended by striking subsection (f) of Code Section 20-2-1160, relating to local

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boards determining school law controversies, and inserting in its place the following: (f) The procedures provided in subsections (a) through (e) of this Code section shall not be applicable to handicapped children when a hearing is necessary to decide a complaint made under the Education for All Handicapped Children Act of 1975. The state board shall promulgate by rules and regulations an impartial due process procedure for hearing and determining any matter of local controversy in reference to the construction or administration of the school law with respect to handicapped children as such term is defined by the state board. Any tribunal which the state board shall empower to hear such cases shall have the power to summon witnesses and take testimony as such tribunal deems it necessary. In promulgating such rules and regulations, the state board shall consult with local boards of education and other local school officials in order to establish procedures required by this subsection which will coordinate, to the extent practicable, with the administrative practices of such local boards. Section 14. Code Section 21-5-3 of the Official Code of Georgia Annotated, relating to definitions for purposes of Chapter 5 of Title 21, the Ethics in Government Act, is amended by striking subparagraph (F) of paragraph (15) and inserting in its place a new subparagraph to read as follows: (F) Every elected county official and every elected member of a local board of education; and. Section 15. Code Section 45-2-1 of the Official Code of Georgia Annotated, relating to persons ineligible for public office, is amended by striking paragraph (7) thereof and inserting in its place a new paragraph to read as follows: (7) A person who has not been a bona fide citizen of the county in which that person shall be elected or appointed at least 12 months prior to that person's election or appointment and who is not a qualified voter entitled to vote; provided, however, that no prior state or county residency

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requirement shall be applicable to any appointed local superintendent of schools; or. Section 16. This Act shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval except that Sections 1, 2, 3, and 4 shall become effective January 1, 1994, and except that Sections 10, 11, 13, and 14 shall become effective January 1, 1997. Section 17. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1993. HEALTH HEARING OFFICERS; LICENSING OF HEALTH FACILITIES; EMPLOYED BY DEPARTMENT OF ADMINISTRATIVE SERVICES. Code Sections 31-2-6, 31-5-2, and 49-4-153 Amended. No. 530 (House Bill No. 322). AN ACT To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide that hearing officers in certain contested cases involving licenses of facilities shall be from the Department of Administrative Services; to provide for hearings in actions or proceedings required by the Department of Human Resources; to amend Code Section 49-4-153 of the Official Code of Georgia Annotated, relating to administrative hearings and appeals under the Department of Medical Assistance, so as to provide that certain hearings in contested cases shall be conducted as provided in Code Section 31-2-6, relating to actions or licenses regulated by the Department of Human Resources; 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. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by striking subsection (1) of Code Section 31-2-6, relating to actions or licenses regulated by the Department of Human Resources, and inserting in lieu thereof the following: (1) 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'; except that: (1) All hearings in contested cases involving any sanction provided for in this Code section shall be conducted by hearing officers employed or appointed by the Department of Administrative Services, who shall be members in good standing with the State Bar of Georgia; and (2) The provisions of subsection (a) of Code Section 50-13-17 shall not apply. Section 2. Said title is further amended by striking subsection (a) of Code Section 31-5-2, relating to hearings of the Department of Human Resources, and inserting in lieu thereof the following: (a) Hearings shall be required with respect to any and all quasi-judicial actions and in any other proceeding required by this title or the Constitution of Georgia. All such hearings shall be conducted as provided in this Code section, except for hearings governed under subsection (1) of Code Section 31-2-6. Section 3. Code Section 49-4-153 of the Official Code of Georgia Annotated, relating to administrative hearings and appeals under the Department of Medical Assistance, is amended by adding a new subsection to the end thereof to read as follows:

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(d) All contested cases involving the imposition of a remedial or punitive measure against a nursing facility by the Department of Medical Assistance shall be conducted in the manner provided for in subsection (1) of Code Section 31-2-6, but only if such remedial or punitive measure is based upon findings made by the Department of Human Resources in its capacity as the state survey agency for the Georgia Medicaid program. Section 4. This Act shall become effective on July 1, 1994. Section 5. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1993. OCCUPATION TAXES AND REGULATORY FEES OF LOCAL GOVERNMENTS COMPREHENSIVE REVISION. Code Sections 43-40-18, 43-40-23, 43-45-15, 48-5-354, 48-11-14, and 48-13-5 through 48-13-17 Amended. Code Sections 48-13-18 through 48-13-26 Enacted. Code Section 36-1-22 Repealed. No. 531 (House Bill No. 362). AN ACT To revise comprehensively the authority of counties and municipal corporations relating to occupation taxes and regulatory fees for businesses and practitioners of professions and occupations; to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to correct cross-references to a renumbered Code section; to amend Code Section 43-45-15 of the Official Code of Georgia Annotated, relating to business licenses and occupation taxes for persons engaged in the business of structural pest control,

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so as to repeal authority for local governments to levy and collect an occupation tax based on gross receipts of licensees doing business within the boundaries of the taxing jurisdiction; to provide that persons engaged in the business of structural pest control shall be subject to the authority of local governments relating to occupation taxes and regulatory fees as revised by this Act; to amend Article 6 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to municipal taxation, so as to repeal an exemption from municipal tax or license fees for certain traveling salespersons, merchants, and employees of merchants and provide that such salespersons, merchants and employees of merchants shall be subject to the authority of local governments relating to occupation taxes and regulatory fees as revised by this Act; to amend Code Section 48-11-14 of the Official Code of Georgia Annotated, relating to registration, reports, tax payments, tax assessments, and penalties for certain cigar and cigarette taxes, so as to remove an incorrect cross-reference; to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to strike provisions relating to business and occupational license taxes and fees imposed by counties; to amend Article 1 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific, business, and occupational taxes, so as to remove certain limitations on such taxes for certain named occupations and professions; to authorize counties and municipal corporations to classify and tax businesses and practitioners of professions and occupations located in a single jurisdiction or more than one jurisdiction and certain businesses and practitioners with no location in the state; to require a public hearing in certain circumstances; to provide for exemptions and reductions; to provide for an election for practitioners of certain specified occupations and professions; to authorize regulatory fees in certain circumstances; to provide for criteria for classification for taxation; to provide for administrative fees; to prohibit certain criteria and methods of taxation; to provide for classification of businesses with more than one type of service or product; to provide for confidentiality; to provide a penalty for violation of confidentiality; to renumber certain Code sections; to repeal special county license fees for carnivals and itinerant shows and penalties for failure to operate such carnivals or itinerant shows without a county license; to repeal certain limitations on county and municipal business license fees and occupation taxes for wrecker

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services; to provide that carnivals, itinerant shows, and wrecker services shall be subject to the authority of local governments relating to occupation taxes and regulatory fees as revised by this Act; to change provisions relative to taxation of businesses commencing on or after July 1; to clarify license posting; 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 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and sales-persons, is amended in Code Section 43-40-18, relating to management of real estate brokering firms and licensed affiliates, by striking in its entirety subsection (a) and inserting in lieu thereof a new subsection to read as follows: (a) Licensees who operate from more than one place of business shall comply with all local business ordinances affecting their business operations; provided, however, that no provision of this subsection shall be construed as altering the provisions of Code Section 48-13-17. Section 2. Said chapter is further amended by striking in its entirety Code Section 43-40-23, relating to the applicability of county or municipal license, occupational, or professional taxes, and inserting a new section to read as follows: 43-40-23. No county or municipal corporation shall levy or collect any fixed amount license, occupational, or professional tax upon real estate brokers, except as provided for in Code Section 48-13-17. Section 3. Code Section 43-45-15 of the Official Code of Georgia Annotated, relating to business licenses and occupation taxes for persons engaged in the business of structural pest control, is amended by striking in its entirety subsection (b) and inserting in lieu thereof a new subsection to read as follows: (b) Persons licensed under this chapter shall be subject to Article 1 of Chapter 13 of Title 48.

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Section 4. Article 6 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to municipal taxation, is amended by striking in its entirety Code Section 48-5-354, which reads as follows: 48-5-354. (a) No authority of any municipality shall levy or collect any tax or license fee from: (1) A traveling salesman engaged in taking orders for the sale of goods when no delivery of goods is made at the time of taking the order; (2) A merchant or dealer, the situs of whose business is outside the municipality, who delivers goods to wholesale or retail customers in the municipality either on orders previously taken by his salesmen or on orders previously given directly to him by the wholesale or retail customer; or (3) The employees of any merchant or dealer doing business in the municipality in a manner defined by paragraph (2) of this subsection who are engaged in the delivery of the goods to wholesale or retail customers. (b) This Code section shall not apply within counties having a population over 600,000, according to the United States decennial census of 1990 or any future such census., and inserting a new Code section to read as follows: 48-5-354. The provisions of Article 1 of Chapter 13 of Title 48 shall govern municipal and county occupation taxes for the following: traveling salespersons engaged in taking orders for the sale of goods when no delivery of goods is made at the time of taking the order; a merchant or dealer, the situs of whose business is outside the taxing jurisdiction, who delivers goods previously ordered; and the employees of a merchant or dealer who are engaged in the delivery of the goods to customers. Section 5. Code Section 48-11-14 of the Official Code of Georgia Annotated, relating to registration, reports, tax payments,

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tax assessments, and penalties for certain cigar and cigarette taxes, is amended by striking in its entirety subsection (d) and inserting in lieu thereof a new subsection to read as follows: (d) Except as otherwise provided in this Code section, the sanctions and penalties set forth in Code Sections 48-11-15, 48-11-17, 48-11-18, and48-11-20 through 48-11-24 and in Code Sections 48-7-2, 48-10-16, and48-13-38 shall be imposed where applicable for any violations of this chapter by consumers. Section 6. Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by striking in its entirety Code Section 36-1-22, relating to business and occupational license taxes and fees imposed by counties, and inserting the following: 36-1-22. Reserved. Section 7. Article 1 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific, business, and occupation taxes, is amended by striking in its entirety Code Section 48-13-5, relating to levy of license, occupation, or professional tax by counties and municipalities, and inserting new Code sections to be numbered 48-13-5 through 48-13-16 as follows: 48-13-5. As used in this article, the term: (1) `Administrative fee' means a component of an occupation tax which approximates the reasonable cost of handling and processing the occupation tax. (2) (A) `Gross receipts' means total revenue of the business or practitioner for the period, including without being limited to the following: (i) Total income without deduction for the cost of goods sold or expenses incurred; (ii) Gain from trading in stocks, bonds, capital assets, or instruments of indebtedness;

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(iii) Proceeds from commissions on the sale of property, goods, or services; (iv) Proceeds from fees charged for services rendered; and (v) Proceeds from rent, interest, royalty, or dividend income. (B) Gross receipts shall not include the following: (i) Sales, use, or excise taxes; (ii) Sales returns, allowances, and discounts; (iii) Interorganizational sales or transfers between or among the units of a parent-subsidiary controlled group of corporations, as defined by 26 U.S.C. Section 1563(a)(1), or between or among the units of a brother-sister controlled group of corporations, as defined by 26 U.S.C. Section 1563(a)(2); (iv) Payments made to a subcontractor or an independent agent; and (v) Governmental and foundation grants, charitable contributions, or the interest income derived from such funds, received by a nonprofit organization which employs salaried practitioners otherwise covered by this chapter, if such funds constitute 80 percent or more of the organization's receipts. (3) `Location or office' shall not include a temporary work site which serves a single customer or project. (4) `Occupation tax' means a tax levied on persons, partnerships, corporations, or other entities for engaging in an occupation, profession, or business and enacted by

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a local government as a revenue-raising ordinance or resolution. (5) `Practitioners of professions and occupations' shall not include a practitioner who is an employee of a business, if the business pays an occupation tax. (6) `Regulatory fees' means payments, whether designated as license fees, permit fees, or by another name, which are required by a local government as an exercise of its police power and as a part of or as an aid to regulation of an occupation, profession, or business. The amount of a regulatory fee shall approximate the reasonable cost of the actual regulatory activity performed by the local government. A regulatory fee may not include an administrative fee. Regulatory fees do not include development impact fees as defined by paragraph (8) of Code Section 36-71-2 or other costs or conditions of zoning or land development. 48-13-6. (a) The governing authority of each county is authorized to provide by local ordinance or resolution for the levy, assessment, and collection of occupation tax on those businesses and practitioners of professions and occupations with one or more locations or offices in the unincorporated part of the county and to provide for the punishment of violation of such a local ordinance or resolution. The governing authority of each county is authorized to classify businesses and practitioners of professions and occupations and to assess different taxes on different classes of businesses and practitioners. This article supersedes any provision of local law authorizing such taxes. (b) The governing authority of each municipal corporation is authorized to provide by local ordinance or resolution for the levy, assessment, and collection of occupation tax on those businesses and practitioners of professions and occupations which have one or more locations or offices within the corporate limits and to provide for the punishment of violation of such a local ordinance or resolution. The governing authority of each municipal corporation is authorized to classify businesses and practitioners of professions and occupations

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and to assess different taxes on different classes of businesses and practitioners. This article supersedes any provision of local law or city charter authorizing such taxes. (c) After January 1, 1996, any local government shall conduct at least one public hearing before adopting any ordinance or resolution which will increase the occupation tax. 48-13-7. (a) The governing authority of each county is authorized to provide by local ordinance or resolution for the levy, assessment, and collection of occupation tax on those businesses and practitioners of professions and occupations with no location or office in the state in accordance with this Code section and to provide for the punishment of violation of such a local ordinance or resolution if the business or practitioner: (1) Has one or more employees or agents who exert substantial efforts within the unincorporated part of the county for the purpose of soliciting business or serving customers or clients; or (2) Owns personal or real property which generates income and which is located in the unincorporated part of the county. (b) The governing authority of each municipal corporation is authorized to provide by local ordinance or resolution for the levy, assessment, and collection of occupation tax on those businesses and practitioners of professions and occupations with no location or office in the state in accordance with this Code section and to provide for the punishment of violation of such a local ordinance or resolution if the business or practitioner: (1) Has one or more employees or agents who exert substantial efforts within the corporate limits for the purpose of soliciting business or serving customers or clients; or (2) Owns personal or real property which generates income and which is located in the corporate limits.

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(c) This article supersedes any provisions of local law or city charter authorizing such taxes. (d) Local governments levying occupation tax according to this Code section shall comply with Code Sections 48-13-10 through 48-13-13, except that: gross receipts of a business or practitioner for purposes of this Code section shall include only those gross receipts reasonably attributable to sales or services in this state; employees shall include only those employees engaged in substantial efforts within this state; and nation-wide profitability ratios shall apply only to types of business transacted within this state. (e) Businesses and practitioners subject to this Code section shall be required to pay occupation tax to only one local government in this state, the local government for the municipal corporation or county in which the largest dollar volume of business is done or service is performed by the individual business or practitioner. (f) If a business or practitioner subject to this Code section provides to the local government in this state which is authorized to levy occupation tax on such business or practitioner proof of payment of a local business or occupation tax in another state which purports to tax the business's or practitioner's sales or services in this state, the business or practitioner shall be exempt from local occupation tax in this state. 48-13-8. (a) The governing authority of each county is authorized to provide by local ordinance or resolution for the imposition and collection of regulatory fees on businesses and practitioners of professions and occupations doing business in the unincorporated part of the county and to provide for the punishment of violation of such a local ordinance or resolution. This article supersedes any provision of local law authorizing such regulatory fees. (b) The governing authority of each municipal corporation is authorized to provide by local ordinance or resolution for the imposition and collection of regulatory fees on businesses and practitioners of professions and occupations doing

Page 1301

business within the corporate limits and to provide for the punishment of violation of such a local ordinance or resolution. This article supersedes any provision of local law or city charter authorizing such fees. 48-13-9. (a) A local government is authorized to require a business or practitioner of a profession or occupation to pay a regulatory fee only if the local government customarily performs investigation or inspection of such businesses or practitioners of such profession or occupation as protection of the public health, safety, or welfare or in the course of enforcing a state or local building, health, or safety code. (b) Examples of businesses or practitioners of professions or occupations which may be subject to regulatory fees of local governments include, but are expressly not limited to, the following: (1) Building and construction contractors, subcontractors, and workers; (2) Carnivals; (3) Taxicab and limousine operators; (4) Tattoo artists; (5) Stables; (6) Shooting galleries and firearm ranges; (7) Scrap metal processors; (8) Pawnbrokers; (9) Food service establishments; (10) Dealers in precious metals; (11) Firearms dealers; (12) Peddlers;

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(13) Parking lots; (14) Nursing and personal care homes; (15) Newspaper vending boxes; (16) Modeling agencies; (17) Massage parlors; (18) Landfills; (19) Auto and motorcycle racing; (20) Boarding houses; (21) Businesses which provide appearance bonds; (22) Boxing and wrestling promoters; (23) Hotels and motels; (24) Hypnotists; (25) Handwriting analysts; (26) Health clubs, gyms, and spas; (27) Fortunetellers; (28) Garbage collectors; (29) Escort services; (30) Burglar and fire alarm installers; and (31) Locksmiths. (c) Examples of businesses and practitioners of professions and occupations which local governments are not authorized to subject to regulatory fees include, but are expressly not limited to, the following:

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(1) Lawyers; (2) Physicians licensed under Chapter 34 of Title 43; (3) Osteopaths licensed under Chapter 34 of Title 43; (4) Chiropractors; (5) Podiatrists; (6) Dentists; (7) Optometrists; (8) Psychologists; (9) Veteinarians; (10) Landscape architects; (11) Land surveyors; (12) Practitioners of physiotherapy; (13) public accountants; (14) Embalmers; (15) Funeral directors; (16) Civil, mechanical, hydraulic, or electrical engineers; (17) Architects; (18) Marriage and family therapists, social workers, and professional counselors; (19) Dealers of motor vehicles, as defined in paragraph (1) of Code Section 10-1-622; and

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(20) Any other business, profession, or occupation for which state licensure or registration is required by state law, unless the state law regulating such business, profession, or occupation specifically allows for regulation by local governments. (d) This Code section shall not be construed to repeal other general laws which allow or require regulation of businesses, occupations, or professions by local governments. 48-13-10. (a) In determining the amount of occupation tax to be levied on an individual business or practitioner, local governments shall classify a business or practitioner by one of the following criteria: (1) The number of employees of the business or practitioner; (2) Profitability ratio for the type of business, profession, or occupation as measured by nation-wide averages derived from statistics, classifications, or other information published by the United States Office of Management and Budget, the United States Internal Revenue Service, or successor agencies of the United States; or (3) Gross receipts of the business or practitioner in combination with the profitability ratio for the type of business, profession, or occupation as measured by nation-wide averages derived from statistics, classifications, or other information published by the United States Office of Management and Budget, the United States Internal Revenue Service, or successor agencies of the United States. (b) Local governments which classify businesses and practitioners by the criterion described in paragraph (3) of subsection (a) of this Code section are authorized to limit the geographic area in which gross receipts shall be taxed to that local government's jurisdiction.

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(c) Local governments which classify by the criteria described in paragraph (2) or (3) of subsection (a) of this Code section shall rank the businesses and practitioners according to the profitability ratio described in paragraph (2) of subsection (a) of this Code section. After such ranking, the local government shall establish classifications which do not overlap before setting a single rate of taxation for each classification. Such local governments are not authorized to apply to any classification a rate of taxation greater than the rate applied to another classification which includes a business or practitioner with a higher profitability ratio. (d) The occupation tax may include an administrative fee. (e) Local governments may by ordinance or resolution provide for an exemption or reduction in occupation tax to one or more types of businesses or practitioners of occupations or professions as part of a plan for economic development or attracting or encouraging selected types of businesses or practitioners of selected occupations or professions. Such exemptions or reductions in occupation tax shall not be arbitrary or capricious. (f) Practitioners of professions and occupations who are listed in paragraphs (1) through (18) of subsection (c) of Code Section 48-13-9 shall elect as their entire occupation tax one of the following: (1) The occupation tax resulting from application of the other provisions of this article; or (2) A fee to be set by the local government, not to exceed $400.00 per practitioner who is licensed to provide the service, such tax to be paid at that practitioner's office or location; provided, however, that a practitioner paying according to this paragraph shall not be required to provide information to the local government relating to the gross receipts of the business or practitioner.

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48-13-11. In determining the amount of occupation tax to be levied on an individual business or practitioner, local governments shall not use the following criteria or methods: (1) Dividing a business into its constituent parts and imposing a separate occupation tax on each part or portion of the business, except that businesses or practitioners with more than one type of activity or product shall be taxed in accordance with Code Section 48-13-12; (2) The size or square footage of the space occupied by the business or practitioner; or (3) Any criterion other than those described in Code Section 48-13-10. 48-13-12. For businesses or practitioners with more than one type of service or product, the following classification rules shall apply: (1) Local governments which do not use the criterion described in parcgraph (3) of subsection (a) of Code Section 48-13-10 shall classify the business or practitioner for occupation tax purposes according to the dominant service or product; and (2) Local governments which use the criterion described in paragraph (3) of subsection (a) of Code Section 48-13-10 shall set out in their local ordinances or resolutions for occupation taxes whether the local government will: (A) Classify the entire gross receipts by dominant service or product; or (B) Apportion the gross receipts by category of service or product in proportion to the gross receipts generated by each service or product, taxing each portion of the gross receipts according to the profitability ratio for that particular type of business and adding the tax for all portions to arrive at the total occupation tax.

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48-13-13. In levying occupation tax, local governments are not authorized to: (1) Require a business or practitioner to pay more than one occupation tax for each office or location, except that businesses or practitioners with multiple services or products shall be taxed in accordance with Code Section 48-13-12; (2) Levy occupation tax on more than 100 percent of the total gross receipts of the business or practitioner, when occupation taxes of all local governments are added together; or (3) Levy occupation tax on any practitioner whose office is maintained by and who is employed in practice exclusively by the United States, the state, a municipality or county of the state, or instrumentalities of the United States, the state, or a municipality or county of the state. 48-13-14. (a) In levying occupation tax upon a business or practitioner with a location or office situated in more than one jurisdiction, including businesses or practitioners with one or more locations or offices in Georgia and one or more locations outside the state, local governments which use the criterion described in paragraph (3) of subsection (a) of Code Section 48-13-10 shall allocate the gross receipts of the business or practitioner for occupation tax purposes in accordance with one of the following methods: (1) Where the dollar amount of gross receipts of the business or practitioner can be allocated to one or more of the locations or offices on the basis of product manufactured in that location or office or service provided for compensation in that location or office, each local government is authorized to tax the gross receipts generated by the location or office within the jurisdiction of the local government; or (2) Where the dollar amount of gross receipts cannot reasonably be allocated among multiple locations or

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offices, the total gross receipts shall be divided by the number of locations or offices of the business or practitioner, and an equal percentage of the total gross receipts of the business or practitioner shall be allocated to each location or office. (b) In no instance shall the sum of the portions of the total gross receipts of a business or practitioner taxed by all local governments exceed 100 percent of the total gross receipts of the business or practitioner. (c) Upon request, businesses or practitioners with a location or office situated in more than one jurisdiction shall provide to any local government authorized to levy an occupation tax upon such business or practitioner the following: (1) Financial information necessary to allocate the gross receipts of the business or practitioner; and (2) Information relating to the allocation of the business's or practitioner's gross receipts by other local governments. (d) When more than one local government levies occupation tax on a business or practitioner which has locations encompassed by more than one local government and the local governments use different criteria for taxation in accordance with subsection (a) of Code Section 48-13-10, local governments which use the criterion described in paragraph (3) of subsection (a) of Code Section 48-13-10 are not authorized to tax any greater proportion of the gross receipts than authorized by subsection (a) of this Code section, and local governments which use the number of employees as a criterion for taxation are authorized to tax the number of employees who are employed within the local government's geographic jurisdiction. In the case of an employee who works for the same business or practitioner in more than one municipal corporation or county, the municipal corporation or county in which the employee works for the longest period of time within the calendar year shall be authorized to count the individual as an employee who is employed within the

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local government's geographic jurisdiction for purposes of occupation tax. 48-13-15. (a) Except as provided in subsection (c) of this Code section, information provided to a local government by a business or practitioner of an occupation or profession for the purpose of determining the amount of occupation tax for the business or practitioner is confidential and exempt from inspection or disclosure under Article 4 of Chapter 18 of Title 50. (b) Violation of the confidentiality provision of subsection (a) of this Code section shall be unlawful and upon conviction shall be punished as a misdemeanor. (c) Information provided to a local government by a business or practitioner of an occupation or profession for the purpose of determining the amount of occupation tax for the business or practitioner may be disclosed to the governing authority of another local government for occupation tax purposes or pursuant to court order or for the purpose of collection of occupation tax or prosecution for failure or refusal to pay occupation tax. 48-13-16. (a) The following businesses or practitioners shall be exempt from occupation tax, registration fees, or regulatory fees according to the provisions of this article: (1) Those businesses regulated by the Georgia Public Service Commission; (2) Those electrical service businesses organized under Chapter 3 of Title 46; and (3) Any farm operation for the production from or on the land of agricultural products, but not including any agribusiness. (b) This article shall not be construed to repeal other provisions of general law relating to local governments' occupation tax, registration fees, or regulatory fees for businesses or practitioners of professions or occupations.,

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by striking in their entirety Code sections formerly designated as Code Sections 48-13-6 through 48-13-8, and inserting new Code sections to be numbered 48-13-17 through 48-13-19, to read as follows: 48-13-17. (a) No county or municipal corporation shall levy or collect any fixed amount license, occupation, or professional tax upon real estate brokers, except at the place where any such real estate broker shall maintain a principal or branch office. The license, occupation, or professional tax shall permit the broker and the broker's affiliated associate brokers and salespersons to engage in all of the brokerage activities described in Code Section 43-40-1 without further licensing or taxing other than the state licenses issued pursuant to Chapter 40 of Title 43. No additional license, occupation, or professional tax shall be required of the broker's affiliated associate brokers or salespersons; provided, however, that, subject to the limitations of subsection (b) of this Code section, a municipality or county which levies a general occupation or business license tax on a gross receipts basis shall have the power to levy and collect an occupation, license, or professional tax upon real estate brokers transacting business within the boundaries of the taxing jurisdiction, which tax shall be based upon gross receipts derived from transactions with respect to property located within the boundaries of the taxing jurisdiction. (b) A municipal corporation may impose an occupation, license, or professional tax upon real estate brokers based upon gross receipts only for real estate transactions with respect to property located within its corporate limits and a county governing authority may impose such a tax based upon gross receipts only for real estate transactions with respect to property located in the unincorporated area of the county. 48-13-18. (a) When otherwise authorized by law to levy occupation taxes on businesses, trades, and professions, a municipality shall be permitted to levy the taxes on businesses, trades, and professions which are licensed by or registered with the state. This Code section shall not be constructed

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to repeal any express limitations on such municipal authority contained in general law. (b) Nothing contained in this Code section shall be construed to authorize the municipal licensing or taxation of businesses, trades, or occupations operating motor vehicles required to be registered with the Public Service Commission of this state. 48-13-19. (a) Except as may be authorized by general law, no municipality may levy any tax upon an individual for the privilege of working within or being employed within the limits of the municipality. (b) Nothing contained in this Code section shall be construed to prohibit a municipality, when otherwise authorized, from levying any form of tax being levied by any municipality in this state on January 1, 1980. Section 8. Said article is further amended by striking in their entirety Code Section 48-13-9, relating to county license fees for carnivals and other itinerant shows, Code Section 48-13-10, relating to unlawful operation of an itinerant show without a license, and Code Section 48-13-10.1, relating to business license fees and occupation tax for wrecker services, which read as follows: 48-13-9. A county governing authority by order or resolution may regulate and impose a license fee not to exceed $1,000.00 per year upon each carnival, circus, road show, tent show, or any other itinerant show or entertainment located or held within the county and outside the corporate limits of a municipality. 48-13-10. (a) It shall be unlawful for any person to hold, operate, or conduct any show or entertainment described in Code Section 48-13-9 without having obtained a license or permit, when required, from the county governing authority. (b) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor and, upon conviction

Page 1312

thereof, shall be fined not less than $500.00 nor more than $1,000.00 or confined for a period of not less than one month nor more than 12 months, or both. Each day of holding, operating, or conducting the show or entertainment shall be deemed a separate offense. 48-13-10.1. (a) As used in this Code section, the term `wrecker service' means any person, firm, partnership, or corporation which is engaged solely or partially in the business of towing wrecked or disabled vehicles. (b) No county which is authorized to impose a business license fee or occupational tax shall impose any such fee or tax on any wrecker service unless the wrecker service either maintains its principal office or any branch office within the unincorporated area of such county or generates 50 percent of its gross income from business within the unincorporated area of such county. (c) No municipality which is authorized to impose a business license fee or occupational tax shall impose any such fee or tax on any wrecker service unless the wrecker service either maintains its principal office or any branch office within the incorporated area of such municipality or generates 50 percent of its gross income from business within the incorporated area of such municipality. (d) Subsections (b) and (c) of this Code section shall not prohibit counties or municipalities from enacting otherwise valid ordinances which regulate the manner in which wrecker services shall operate within their jurisdictions. Section 9. Said article is further amended by striking in their entirety Code Sections 48-13-11 through 48-13-17, and inserting in lieu thereof the following: 48-13-20. All license fees and business, occupation, and other taxes imposed or authorized by this chapter, except as otherwise specifically provided, shall be due and payable annually on January 1. In the event that any person commences business on any date after January 1 in any year, the

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tax shall be due and payable on the date of the commencement of the business. 48-13-21. Should any special, occupation, or sales tax or license fee imposed by this chapter remain due and unpaid for 90 days from the due date of the tax or fee, the person liable for the tax or fee shall be subject to and shall pay a penalty of 10 percent of the tax or fee due. 48-13-22. When any person commences business on or after July 1 in any year, the regulatory fee and the business or occupation tax for the remaining portion of the year shall be 50 percent of the tax imposed for the entire year, except that (1) local governments which tax according to the criterion described in paragraph (3) of subsection (a) of Code Section 48-13-10 are authorized to levy their customary rate on the gross receipts of the business or practitioner from the commencement of the business; and (2) the administrative fee authorized as a component of an occupation tax by subsection (d) of Code Section 48-13-10 shall not be reduced. 48-13-23. Each person subject to any special or occupation tax who is also licensed by the state shall post the state license in a conspicuous place in the licensee's place of business and shall keep the license there at all times while the license remains valid. 48-13-24. In any provision of this chapter where population controls the amount of tax or license fee to be paid, the most recent United States decennial census shall govern. 48-13-25. When a nulla bona entry has been entered by proper authority upon an execution issued by the tax collector or tax commissioner against any person defaulting on a special tax, the person against whom the entry is made shall not be allowed or entitled to have or collect any fees or charges whatever for services rendered after the entry of the nulla bona. If, at any time after the entry of nulla bona has been made, the person against whom the execution issues pays the tax in full together with all interest and costs accrued on the tax, the person may collect any fees and charges

Page 1314

due him or her as though he or she had never defaulted in the payment of the tax. 48-13-26. (a) In addition to the other remedies available to the state, counties, and municipalities for the collection of special taxes, occupation taxes, and license fees due the state, counties, and municipalities from persons subject to the tax or license fee who fail or refuse to pay the tax or fee, the officer charged with the collection of the tax or license fee shall issue executions against the delinquent taxpayers for the amount of the taxes or fees due when the taxes or fees become due. (b) The right of the state, counties, and municipalities to criminally prosecute persons violating the law or a county or municipal ordinance by failing to pay the special taxes, occupation taxes, or license fees or by refusing to register shall be in addition to the remedy of issuing executions against delinquent taxpayers as authorized by subsection (a) of this Code section. Section 10. This Act shall become effective on January 1, 1995. Section 11. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1993.

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COURT REPORTERS EXTENSIVE REVISION OF PROVISIONS RELATING THERETO. Code Sections 5-6-41, 9-11-27, 9-11-28, 9-11-30, 15-7-47, and 15-14-1 Amended. Code Title 15, Chapter 14, Article 2 Amended. No. 532 (House Bill No. 489). AN ACT To amend Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, so as to provide for reporting of court proceedings by a court reporter; to amend Title 9 of the Official Code of Georgia Annotated, relating to civil practice, so as to provide that depositions may be taken by a court reporter; to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to revise the definition of court reporting; to revise the qualifications of the members of the Board of Court Reporting of the Judicial Council; to revise various provisions of Article 2 of Chapter 14 thereof, The Georgia Court Reporting Act, so as to make the language in such Act gender neutral; to revise the qualifications for certification for court reporting; to provide for fees; to provide grounds for refusal to grant or revoke certificates; to provide for temporary permits; to provide for injunctions; to provide for penalties; to provide for power of judges to appoint or remove court reporters; 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 5 of the Official Code of Georgia Annotated, relating to appeal and error, is amended by striking Code Section 5-6-41, relating to reporting, preparation, and disposition of transcript of evidence, in its entirety and inserting in lieu thereof the following: 5-6-41. (a) In all felony cases, the transcript of evidence and proceedings shall be reported and prepared by a

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court reporter as provided in Code Section 17-8-5 or as otherwise provided by law. (b) In all misdemeanor cases, the trial judge may, in the judge's discretion, require the reporting and transcribing of the evidence and proceedings by a court reporter on terms prescribed by the trial judge. (c) In all civil cases tried in the superior and city courts and in any other court, the judgments of which are subject to review by the Supreme Court or the Court of Appeals, the trial judge thereof may require the parties to have the proceedings and evidence reported by a court reporter, the costs thereof to be borne equally between them; and, where an appeal is taken which draws in question the transcript of the evidence and proceedings, it shall be the duty of the appellant to have the transcript prepared at the appellant's expense. Where it is determined that the parties, or either of them, are financially unable to pay the costs of reporting or transcribing, the judge may, in the judge's discretion, authorize trial of the case unreported; and, when it becomes necessary for a transcript of the evidence and proceedings to be prepared, it shall be the duty of the moving party to prepare the transcript from recollection or otherwise. (d) Where a trial in any civil or criminal case is reported by a court reporter, all motions, colloquies, objections, rulings, evidence, whether admitted or stricken on objection or otherwise, copies or summaries of all documentary evidence, the charge of the court, and all other proceedings which may be called in question on appeal or other posttrial procedure shall be reported; and, where the report is transcribed, all such matters shall be included in the written transcript, it being the intention of this article that all these matters appear in the record. Where matters occur which were not reported, such as objections to oral argument, misconduct of the jury, or other like instances, the court, upon motion of either party, shall require that a transcript of these matters be made and included as a part of the record. The transcript of proceedings shall not be reduced to narrative form unless by agreement of counsel; but, where the trial is not reported or the transcript of the proceedings for any

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other reason is not available and the evidence is prepared from recollection, it may be prepared in narrative form. (e) Where a civil or criminal trial is reported by a court reporter and the evidence and proceedings are transcribed, the reporter shall complete the transcript and file the original and one copy thereof with the clerk of the trial court, together with the court reporter's certificate attesting to the correctness thereof. In criminal cases where the accused was convicted of a capital felony, an additional copy shall be filed for the Attorney General, for which the court reporter shall receive compensation from the Department of Law as provided by law. The original transcript shall be transmitted to the appellate court as a part of the record on appeal; and one copy will be retained in the trial court, both as referred to in Code Section 5-6-43. Upon filing by the reporter, the transcript shall become a part of the record in the case and need not be approved by the trial judge. (f) Where any party contends that the transcript or record does not truly or fully disclose what transpired in the trial court and the parties are unable to agree thereon, the trial court shall set the matter down for a hearing with notice to both parties and resolve the difference so as to make the record conform to the truth. If anything material to either party is omitted from the record on appeal or is misstated therein, the parties by stipulation, or the trial court, either before or after the record is transmitted to the appellate court, on a proper suggestion or of its own initiative, may direct that the omission or misstatement shall be corrected and, if necessary, that a supplemental record shall be certified and transmitted by the clerk of the trial court. The trial court or the appellate court may at any time order the clerk of the trial court to send up any original papers or exhibits in the case, to be returned after final disposition of the appeal. (g) Where a trial is not reported as referred to in sub-sections (b) and (c) of this Code section or where for any other reason the transcript of the proceedings is not obtainable and a transcript of evidence and proceedings is prepared from recollection, the agreement of the parties thereto or

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their counsel, entered thereon, shall entitle such transcript to be filed as a part of the record in the same manner and with the same binding effect as a transcript filed by the court reporter as referred to in subsection (e) of this Code section. In case of the inability of the parties to agree as to the correctness of such transcript, the decision of the trial judge thereon shall be final and not subject to review; and, if the trial judge is unable to recall what transpired, the judge shall enter an order stating that fact. (h) Where any amendment or other pleading or paper which requires approval or sanction of the court in any proceeding before being filed of record is disallowed or sanction thereof is refused, the amendment, pleading, or paper may nevertheless be filed, with notation of disallowance thereon, and shall become part of the record for purposes of consideration on appeal or other procedure for review. (i) In lieu of sending up a transcript of record, the parties may by agreement file a stipulation of the case showing how the questions arose and were decided in the trial court, together with a sufficient statement of facts to enable the appellate court to pass upon the questions presented therein. Before being transmitted to the appellate court, the stipulation shall be approved by the trial judge or the presiding judge of the court where the case is pending. (j) In all cases, civil or criminal, any party may as a matter of right have the case reported at the party's own expense. Section 2. Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended by striking Code Section 9-11-27, relating to depositions before action or pending appeal, in its entirety and inserting in lieu thereof the following: 9-11-27. (a) Before action. (1) Petition. A person who desires to perpetuate such person's own testimony or that of another person regarding any matter that may be cognizable in any court may file a verified petition in the superior court of the

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county where the witness resides. The petition shall be entitled in the name of the petitioner and shall show that the petitioner expects to be a party to litigation but is presently unable to bring it or cause it to be brought, the subject matter of the expected action and the petitioner's interest therein, the facts which the petitioner desires to establish by the proposed testimony and the petitioner's reasons for desiring to perpetuate it, the names or a description of the persons the petitioner expects will be adverse parties and their addresses so far as known, and the names and addresses of the persons to be examined and the substance of the testimony which the petitioner expects to elicit from each, and shall ask for an order authorizing the petitioner to take the depositions of the persons to be examined named in the petition, for the purpose of perpetuating their testimony. (2) Notice and service. The petitioner shall thereafter serve a notice upon each person named in the petition as an expected adverse party, together with a copy of the petition, stating that the petitioner will apply to the court at a time and place named therein for the order described in the petition. At least 20 days before the date of hearing the notice shall be served either within or outside the county in the manner provided for service of summons; but, if such service cannot with due diligence be made upon any expected adverse party named in the petition, the court may make such order as is just for service by publication or otherwise and shall appoint, for persons not served, an attorney who shall represent them and, in case they are not otherwise represented, shall cross-examine the deponent. The court may make such order as is just requiring the petitioner to pay a reasonable fee to an attorney so appointed. If any expected adverse party is a minor or an incompetent person and does not have a general guardian, the court shall appoint a guardian ad litem. (3) Order and examination. If the court is satisfied that the perpetuation of the testimony may prevent a failure or delay of justice, it shall make an order designating or describing the persons whose depositions

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may be taken and specifying the subject matter of the examination and whether the depositions shall be taken upon oral examination or written interrogatories. The depositions may then be taken by a certified court reporter, or as otherwise provided by the rules of the Board of Court Reporting, in accordance with this chapter; and the court may make orders of the character provided for by Code Sections 9-11-34 and 9-11-35. For the purpose of applying this chapter to depositions for perpetuating testimony, each reference therein to the court in which the action is pending shall be deemed to refer to the court in which the petition for such deposition was filed. (4) Use of deposition. If a deposition to perpetuate testimony is taken under this Code section or if, although not so taken, it would be otherwise admissible under the laws of this state, it may be used in any action involving the same parties and the same subject matter subsequently brought. (b) Pending appeal. If an appeal has been taken from a judgment of a trial court or before the taking of an appeal if the time therefor has not expired, the court in which the judgment was rendered may allow the taking of the depositions of witnesses to perpetuate their testimony for use in the event of further proceedings in the trial court. In such case the party who desires to perpetuate the testimony may make a motion in the trial court for leave to take the depositions, upon the same notice and service thereof as if the action were pending in the court. The motion shall show the names and addresses of persons to be examined, the substance of the testimony which the movant expects to elicit from each, and the reasons for perpetuating their testimony. If the court finds that the perpetuation of the testimony is proper to avoid a failure or delay of justice, it may make an order allowing the depositions to be taken and may make orders of the character provided for by Code Sections 9-11-34 and 9-11-35; and thereupon the depositions may be taken before a certified court reporter, or as otherwise provided by the rules of the Board of Court Reporting, and used in the same manner and under the same conditions as are prescribed

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in this chapter for depositions taken in actions pending in court. (c) Perpetuation by action. This Code section does not limit the power of a court to entertain an action to perpetuate testimony. Section 3. Said title is further amended by striking Code Section 9-11-28, relating to persons before whom depositions may be taken, in its entirety and inserting in lieu thereof the following: 9-11-28. (a) Within the United States and its possessions. Within the United States or within a territory or insular possession subject to the dominion of the United States, depositions shall be taken before an officer authorized to administer oaths by the laws of the United States or by the laws of the place where the examination is held or before a court reporter appointed by the court in which the action is pending or, if within this state, before a certified court reporter or as otherwise provided by the rules of the Board of Court Reporting. A person so appointed has power to administer oaths and take testimony. (b) In foreign countries. In a foreign state or country depositions shall be taken on notice before a secretary of embassy or legation, consul general, consul, vice-consul, or consular agent of the United States, or before such person or officer as may be appointed by commission or under letters rogatory. A commission or letters rogatory shall be issued only when necessary or convenient, on application and notice, and on such terms and with such directions as are just and appropriate. Officers may be designated in notices or commissions either by name or by descriptive title and letters rogatory may be addressed `To the Appropriate Judicial Authority in (here name the country).' (c) Disqualification for interest. No deposition shall be taken before a court reporter who is a relative, employee, attorney, or counsel of any of the parties, or who is a relative or employee of such attorney or counsel, or who is financially

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interested in the action, unless such disqualification is waived in writing by all parties to the action. Section 4. Said title is further amended by striking paragraph (1) of subsection (c) and subparagraph (f)(1)(A) of Code Section 9-11-30, relating to depositions upon oral examination, respectively, and inserting in lieu thereof the following: (1) Examination and cross-examination of witnesses may proceed as permitted at the trial under the rules of evidence. The authorized officer or court reporter before whom the deposition is to be taken shall put the witness on oath and shall personally, or by someone acting under the direction and in the presence of the authorized officer or court reporter, record the testimony of the witness. The testimony shall be taken stenographically or recorded by any other means ordered in accordance with paragraph (4) of subsection (b) of this Code section. If requested by one of the parties, the testimony shall be transcribed. (A) The officer shall certify on the deposition that the witness was duly sworn by the officer and that the deposition is a true record of the testimony given by the witness and shall designate the court reporter certification number. The officer shall then securely seal the deposition in an envelope marked with the title of the action, the court reporter certification number, and `Deposition of (here insert name of witness)' and shall promptly file it with the court in which the action is pending or send it by registered or certified mail to the clerk thereof for filing. Section 5. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking subsection (c) of Code Section 15-7-47, relating to providing of court reporters, in its entirety and inserting in lieu thereof the following: (c) Appointment of a court reporter or reporters, as defined in Article 2 of Chapter 14 of this title, for court proceedings in each court shall be made by the judge thereof; the compensation and allowances of reporters for the courts shall be paid by the county governing authority and shall be

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the same as that for reporters of the superior courts of this state. Section 6. Said title is further amended by striking Code Section 15-14-1, relating to power of superior court judges to appoint and remove, Code Section 15-14-2, relating to power of city court judges to appoint, and Code Section 15-14-3, relating to power of division judges to appoint and remove, respectively, in their entirety and inserting in lieu thereof the following: 15-14-1. The judges of the superior courts shall have power to appoint and, at their pleasure, to remove a court reporter, as defined in Article 2 of this chapter, for the courts of their respective circuits. The court reporter, before entering on the duties of the court reporter's office, shall be duly sworn in open court to perform faithfully all the duties required of the court reporter by law. It shall be the court reporter's duty to attend all courts in the circuit for which such court reporter is appointed and, when directed by the judge, to record exactly and truly or take stenographic notes of the testimony and proceedings in the case tried, except the arguments of counsel. 15-14-2. (a) The judges of the city courts of this state having concurrent jurisdiction with the superior courts of this state to try misdemeanor cases and to try civil cases where the amount involved exceeds $500.00, where not otherwise specifically provided for by law, may appoint an official court reporter, as defined in Article 2 of this chapter, whose compensation for reporting criminal and civil cases and for attendance upon court shall be the same as provided by the Judicial Council pursuant to Code Section 15-5-21. The court reporter reporting and transcribing civil cases shall be paid by the party or parties requesting the reporting or transcribing. (b) This Code section shall not apply to the city courts of this state where provision has been made by law prior to February 13, 1950, for the appointment of the official reporters of city courts.

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15-14-3. Each of the judges of the superior and city courts in all circuits where there may be more than one division, whether the same is civil or criminal, shall appoint and at such judge's pleasure remove a court reporter, as defined in Article 2 of this chapter, for such judge's respective division. The court reporter, before entering on the duties of the court reporter's office, shall be duly sworn in open court to perform faithfully all the duties required. It shall be the court reporter's duty to attend all sessions of the court for which such court reporter is appointed and, when directed by the judge, to record exactly and truly or take stenographic notes of the testimony and proceedings in the case tried, except the argument of counsel. Section 7. Said title is further amended by striking Article 2 of Chapter 14, relating to training and certification of court reporters, in its entirety and inserting in lieu thereof the following: ARTICLE 2 15-14-20. This article shall be known and may be cited as `The Georgia Court Reporting Act.' 15-14-21. It is declared by the General Assembly that the practice of court reporting carries important responsibilities in connection with the administration of justice, both in and out of the courts; that court reporters are officers of the courts; and that the right to define and regulate the practice of court reporting belongs naturally and logically to the judicial branch of the state government. Therefore, in recognition of these principles, the purpose of this article is to act in aid of the judiciary so as to ensure minimum proficiency in the practice of court reporting by recognizing and conferring jurisdiction upon the Judicial Council of Georgia to define and regulate the practice of court reporting. 15-14-22. As used in this article, the term: (1) `Board' means the Board of Court Reporting of the Judicial Council.

Page 1325

(2) `Certified court reporter' means any person certified under this article to practice verbatim reporting. (3) `Court reporter' means any person who is engaged in the practice of court reporting as a profession as defined in this article. The term `court reporter' shall include not only those who actually report judicial proceedings in courts but also those who make verbatim records as defined in paragraph (4) of this Code section. (4) `Court reporting' means the making of a verbatim record by means of manual shorthand, machine shorthand, closed microphone voice dictation silencer, or by other means of personal verbatim reporting of any testimony given under oath before, or for submission to, any court, referee, or court examiner or any board, commission, or other body created by statute, or by the Constitution of this state or in any other proceeding where a verbatim record is required. The taking of a deposition is the making of a verbatim record as defined in this article. 15-14-23. The Judicial Council of Georgia, as created by Article 2 of Chapter 5 of this title, is declared to be an agency of the judicial branch of the state government for the purpose of defining and regulating the practice of court reporting in this state. 15-14-24. (a) There is established a board which shall be known and designated as the `Board of Court Reporting of the Judicial Council.' It shall be composed of seven members, four members to be certified court reporters, two members to be representatives from the State Bar of Georgia, and one member to be from the judiciary, each of whom shall have not less than five years' experience in their respective professions. The initial board shall be appointed by the Judicial Council. The term of office shall be two years, and the Judicial Council shall fill vacancies on the board. (b) Any member of the board may be removed by the Judicial Council after a hearing at which the Judicial Council determines that there is cause for removal.

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15-14-25. Immediately and before entering upon the duties of their office, the members of the board shall take the oath of office and shall file the same in the office of the Judicial Council. Upon receiving the oath of office, the Judicial Council shall issue to each member a certificate of appointment. 15-14-26. The board shall each year elect from its members a chairperson, whose term shall be for one year, and who shall serve during the period for which elected and until a successor shall be elected. The board shall make all necessary rules and regulations to carry out this article, but the rules and regulations shall be subject to review by the Judicial Council. 15-14-27. The administrative and staff work of the board shall be among the duties of the Administrative Office of the Courts created by Code Section 15-5-22. The director of the Administrative Office of the Courts or a designee shall serve as secretary of the board and shall perform all duties which may be assigned by either the board or the Judicial Council to implement this article. 15-14-28. No person shall engage in the practice of verbatim court reporting in this state unless the person is the holder of a certificate as a certified court reporter or is the holder of a temporary permit issued under this article. 15-14-29. (a) Upon receipt of appropriate application and fees, the board shall grant a certificate as a certified court reporter to any person who: (1) Has attained the age of 18 years; (2) Is of good moral character; (3) Is a graduate of a high school or has had an equivalent education; and (4) Has, except as provided in subsection (b) of this Code section, successfully passed an examination in verbatim

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court reporting as prescribed in Code Section 15-14-30. (b) Any person who has attained the age of 18 years and is of good moral character, who submits to the board an affidavit under oath that the court reporter was actively and continuously, for one year preceding March 20, 1974, principally engaged as a court reporter, shall be exempt from taking an examination and shall be granted a certificate as a certified court reporter. (c) (1) Reasonable accommodation shall be provided to any qualified individual with a disability who applies to take the examination who meets the essential eligibility requirements for the examination and provides acceptable documentation of a disability, unless the provision of such accommodation would impose an undue hardship on the board. (2) Reasonable accommodation shall be provided to any qualified individual with a disability who applies for certification who meets the essential eligibility requirements for certification and provides acceptable documentation of a disability, unless the provision of such accommodation would impose an undue hardship on the board or the certification of the individual would pose a direct threat to the health, welfare, or safety of residents of this state. (3) The term `disability,' as used in paragraphs (1) and (2) of this subsection, means a physical or mental impairment that substantially limits one or more major life activities of such individual, a record of such an impairment, or being regarded as having such an impairment. 15-14-30. Every person desiring to commence the practice of court reporting in this state shall file an application for testing with the board upon such form as shall be adopted and prescribed by the board. At the time of making an application the applicant shall deposit with the board an examination fee to be determined by the board. Examinations

Page 1328

shall be conducted as often as may be necessary, as determined by the board, provided that examinations must be conducted at least once annually. Applicants shall be notified by mail of the holding of such examinations no later than ten days before the date upon which the examinations are to be given. Examinations shall be conducted and graded according to rules and regulations prescribed by the board. 15-14-31. Every certified court reporter who continues in the active practice of verbatim court reporting shall annually renew the certificate on or before April 1 following the date of issuance of the certificate under which the court reporter is then entitled to practice, upon the payment of a fee established by the board. Every certificate which has not been renewed on April 1 shall expire on that date of that year and shall result in the suspension of the court reporter's right to practice under this article, which suspension shall not be terminated until all delinquent fees have been paid or the court reporter has requalified by testing. After a period to be determined by the board, a suspended certificate will be automatically revoked and may not be reinstated without meeting current certification requirements. 15-14-32. Any person who has received from the board a certificate as provided for in this article shall be known and styled as a certified court reporter and shall be authorized to practice as such in this state and to use such title or the abbreviation `C.C.R.' in so doing. No other person, firm, or corporation, all of the members of which have not received such certificate, shall assume the title of certified court reporter, the abbreviation `C.C.R.,' or any other words or abbreviations tending to indicate that the person, firm, or corporation so using the same is a certified court reporter. 15-14-33. (a) The board shall have the authority to refuse to grant a certificate or temporary permit to an applicant therefor or to revoke the certificate or temporary permit of a person or to discipline a person, upon a finding by a majority of the entire board that the licensee or applicant has:

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(1) Failed to demonstrate the qualifications or standards for a certificate or temporary permit contained in this article or under the rules or regulations of the board. It shall be incumbent upon the applicant to demonstrate to the satisfaction of the board that all the requirements for the issuance of a certificate or temporary permit have been met, and, if the board is not satisfied as to the applicant's qualifications, it may deny a certificate or temporary permit without a prior hearing; provided, however, that the applicant shall be allowed to appear before the board if desired; (2) Knowingly made misleading, deceptive, untrue, or fraudulent representations in the practice of court reporting or on any document connected therewith; practiced fraud or deceit or intentionally made any false statements in obtaining a certificate or temporary permit to practice court reporting; or made a false statement or deceptive registration with the board; (3) Been convicted of any felony or of any crime involving moral turpitude in the courts of this state or any other state, territory, or country or in the courts of the United States. As used in this paragraph and paragraph (4) of this subsection, the term `felony' shall include any offense which, if committed in this state, would be deemed a felony without regard to its designation elsewhere; and, as used in this paragraph, the term `conviction' shall include a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been sought; (4) Been arrested, charged, and sentenced for the commission of any felony or any crime involving moral turpitude, where: (A) First offender treatment without adjudication of guilty pursuant to the charge was granted; or (B) An adjudication of guilt or sentence was otherwise withheld or not entered on the charge, except with respect to a plea of nolo contendere.

Page 1330

The order entered pursuant to the provisions of Article 3 of Chapter 8 of Title 42, relating to probation of first offenders, or other first offender treatment shall be conclusive evidence of arrest and sentencing for such crime; (5) Had a certificate or temporary permit to practice as a court reporter revoked, suspended, or annulled by any lawful licensing authority other than the board; or had other disciplinary action taken against the licensee or the applicant by any such lawful licensing authority other than the board; or was denied a certificate by any such lawful licensing authority other than the board, pursuant to disciplinary proceedings; or was refused the renewal of a certificate or temporary permit by any such lawful licensing authority other than the board, pursuant to disciplinary proceedings; (6) Engaged in any unprofessional, immoral, unethical, deceptive, or deleterious conduct or practice harmful to the public, which conduct or practice materially affects the fitness of the licensee or applicant to practice as a court reporter, or of a nature likely to jeopardize the interest of the public, which conduct or practice need not have resulted in actual injury to any person or be directly related to the practice of court reporting but shows that the licensee or applicant has committed any act or omission which is indicative of bad moral character or untrustworthiness; unprofessional conduct shall also include any departure from, or the failure to conform to, the minimal reasonable standards of acceptable and prevailing practice of court reporting; (7) Knowingly performed any act which in any way aids, assists, procures, advises, or encourages any unlicensed person or any licensee whose certificate or temporary permit has been suspended or revoked by the board to practice as a court reporter or to practice outside the scope of any disciplinary limitation placed upon the licensee by the board; (8) Violated a statute, law, or any rule or regulation of this state, any other state, the board, the United

Page 1331

States, or any other lawful authority without regard to whether the violation is criminally punishable, which statute, law, or rule or regulation relates to or in part regulates the practice of court reporting, when the licensee or applicant knows or should know that such action is violative of such statute, law, or rule, or violated a lawful order of the board previously entered by the board in a disciplinary hearing, consent decree, or certificate or temporary permit reinstatement; (9) Been adjudged mentally incompetent by a court of competent jurisdiction within or outside this state. Any such adjudication shall automatically suspend the certificate or temporary permit of any such person and shall prevent the reissuance or renewal of any certificate or temporary permit so suspended for as long as the adjudication of incompetence is in effect; or (10) Displayed an inability to practice as a court reporter with reasonable skill or has become unable to practice as a court reporter with reasonable skill by reason of illness or use of alcohol, drugs, narcotics, chemicals, or any other type of material. (b) For purposes of this Code section, the board may obtain through subpoena upon reasonable grounds any and all records relating to the mental or physical condition of a licensee or applicant, and such records shall be admissible in any hearing before the board. (c) When the board finds that any person is unqualified to be granted a certificate or temporary permit or finds that any person should be disciplined pursuant to subsection (a) of this Code section or the laws, rules, or regulations relating to court reporting, the board may take any one or more of the following actions: (1) Refuse to grant or renew a certificate or temporary permit to an applicant;

Page 1332

(2) Administer a public or private reprimand, but a private reprimand shall not be disclosed to any person except the licensee; (3) Suspend any certificate or temporary permit 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) Limit or restrict any certificate or temporary permit as the board deems necessary for the protection of the public; (5) Revoke any certificate or temporary permit; (6) Condition the penalty upon, or withhold formal disposition pending, the applicant's or licensee's submission to such care, counseling, or treatment as the board may direct; (7) Impose a requirement to pass the state certification test; or (8) Require monetary adjustment in a fee dispute involving an official court reporter. (d) In addition to and in conjunction with the actions described in subsection (c) of this Code section, the board may make a finding adverse to the licensee or applicant but withhold imposition of judgment and penalty or it may impose the judgment and penalty but suspend enforcement thereof and place the licensee on probation, which probation may be vacated upon noncompliance with such reasonable terms as the board may impose. (e) Any disciplinary action of the board may be appealed by the aggrieved person to the Judicial Council, which shall have the power to review the determination by the board. Initial judicial review of the final decision of the Judicial Council shall be had solely in the superior courts of the county of domicile of the board.

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(f) In its discretion, the board may reinstate a certificate or temporary permit which has been revoked or issue a certificate or temporary permit which has been denied or refused, following such procedures as the board may prescribe by rule; and, as a condition thereof, it may impose any disciplinary or corrective method provided in this Code section or any other laws relating to court reporting. (g) (1) The board is vested with the power and authority to make, or cause to be made through employees or agents of the board, such investigations the board may deem necessary or proper for the enforcement of the provisions of this Code section and the laws relating to court reporting. Any person properly conducting an investigation on behalf of the board shall have access to and may examine any writing, document, or other material relating to the fitness of any licensee or applicant. The board or its appointed representative may issue subpoenas to compel access to any writing, document, or other material upon a determination that reasonable grounds exist for the belief that a violation of this Code section or any other law relating to the practice of court reporting may have taken place. (2) The results of all investigations initiated by the board shall be reported solely to the board and the records of such investigations shall be kept for the board by the Administrative Office of the Courts, with the board retaining the right to have access at any time to such records. No part of any such records shall be released, except to the board for any purpose other than a hearing before the board, nor shall such records be subject to subpoena; provided, however, that the board shall be authorized to release such records to another enforcement agency or lawful licensing authority. (3) If a licensee is the subject of a board inquiry, all records relating to any person who receives services rendered by that licensee in the capacity as licensee shall be admissible at any hearing held to determine whether a violation of this article has taken place, regardless of any statutory privilege; provided, however, that any documentary

Page 1334

evidence relating to a person who received those services shall be reviewed in camera and shall not be disclosed to the public. (4) The board shall have the authority to exclude all persons during its deliberations on disciplinary proceedings and to discuss any disciplinary matter in private with a licensee or applicant and the legal counsel of that licensee or applicant. (h) A person, firm, corporation, association, authority, or other entity shall be immune from civil and criminal liability for reporting or investigating the acts or omissions of a licensee or applicant which violate the provisions of subsection (a) of this Code section or any other provision of law relating to a licensee's or applicant's fitness to practice as a court reporter or for initiating or conducting proceedings against such licensee or applicant, if such report is made or action is taken in good faith, without fraud or malice. Any person who testifies or who makes a recommendation to the board in the nature of peer review, in good faith, without fraud or malice, in any proceeding involving the provisions of subsection (a) of this Code section or any other law relating to a licensee's or applicant's fitness to practice as a court reporter shall be immune from civil and criminal liability for so testifying. (i) If any licensee or applicant after at least 30 days' notice fails to appear at any hearing, the board may proceed to hear the evidence against such licensee or applicant and take action as if such licensee or applicant had been present. A notice of hearing, initial or recommended decision, or final decision of the board in a disciplinary proceeding shall be served personally upon the licensee or applicant or served by certified mail, return receipt requested, to the last known address of record with the board. If such material is served by certified mail and is returned marked `unclaimed' or `refused' or is otherwise undeliverable and if the licensee or applicant cannot, after diligent effort, be located, the director of the Administrative Office of the Courts shall be deemed to be the agent for service for such licensee or applicant for purposes of this Code section, and service upon the director

Page 1335

of the Administrative Office of the Courts shall be deemed to be service upon the licensee or applicant. (j) The voluntary surrender of a certificate or temporary permit or the failure to renew a certificate or temporary permit by the end of an established penalty period shall have the same effect as a revocation of said certificate or temporary permit, subject to reinstatement in the discretion of the board. The board may restore and reissue a certificate or temporary permit to practice under the law relating to that board and, as a condition thereof, may impose any disciplinary sanction provided by this Code section or the law relating to that board. (k) Regulation by the board shall not exempt court reporting from regulation pursuant to any other applicable law. 15-14-34. Temporary employment of any person may be possible by obtaining a temporary permit from the board or from a judge in compliance with the rules and regulations of the Board of Court Reporting of the Judicial Council. The scope of the activities of the temporary permit holder shall be as provided in the rules of the board. 15-14-35. On the verified complaint of any person or by motion of the board that any person, firm, or corporation has violated any provision of this article, the board, with the consent of the Judicial Council, may file a complaint seeking equitable relief in its own name in the superior court of any county in this state having jurisdiction of the parties, alleging the facts and praying for a temporary restraining order and temporary injunction or permanent injunction against such person, firm, or corporation, restraining them from violating this article. Upon proof thereof, the court shall issue the restraining order, temporary injunction, or permanent injunction without requiring allegation or proof that the board has no adequate remedy at law. The right of injunction provided for in this Code section shall be in addition to any other remedy which the board has and shall be in addition to any right of criminal prosecution provided by law.

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15-14-36. Any persons who: (1) Represent themselves as having received a certificate or temporary permit as provided for in this article or practice as a certified court reporter without having received a certificate or temporary permit; (2) Continue to practice as court reporters in this state or use any title or abbreviation indicating they are certified court reporters after their certificates have been revoked; or (3) Violate any provision of this article shall be guilty of a misdemeanor. Each day of the offense is a separate misdemeanor. Section 8. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1993. INSPECTION OF PUBLIC RECORDS EXEMPTIONS FOR RESEARCH BY INSTITUTION OF HIGHER EDUCATION UNTIL PUBLICATION AND FOR PERSONALLY IDENTIFIABLE INFORMATION IN SUCH RESEARCH. Code Section 50-18-72 Amended. No. 533 (House Bill No. 522). 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 information collected by an institution of higher education in the conduct of a study or research publicly or privately supported on medical, scientific,

Page 1337

technical, scholarly, or artistic issues is not subject to the provisions of said article and that personally identifiable information pertaining to subjects participating in research on human subjects conducted by certain governmental agencies shall not be subject to said article; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, is amended in Code Section 50-18-72, relating to records for which public disclosure is not required, by striking subsections (b) and (c) and inserting in place thereof new subsections (b) and (c) to read as follows: (b) This article shall not be applicable to: (1) Any trade secrets obtained from a person or business entity which are of a privileged or confidential nature and required by law to be submitted to a government agency or to data, records, or information of a proprietary nature, produced or collected by or for faculty or staff of state institutions of higher learning, or other governmental agencies, in the conduct of or as a result of, study or research on commercial, scientific, technical, or scholarly issues, whether sponsored by the institution alone or in conjunction with a governmental body or private concern, where such data, records, or information has not been publicly released, published, copyrighted, or patented; or (2) Any data, records, or information developed, collected, or received by or on behalf of faculty, staff, employees, or students of an institution of higher education or any public or private entity supporting or participating in the activities of an institution of higher education in the conduct of, or as a result of, study or research on medical, scientific, technical, scholarly or artistic issues, whether sponsored by the institution alone or in conjunction with a governmental body or private entity until

Page 1338

such information is published, patented, otherwise publicly disseminated, or released to an agency whereupon the request must be made to the agency. This subsection applies to, but is not limited to, information provided by participants in research, research notes and data, discoveries, research projects, methodologies, protocols, and creative works. These limitations shall not be interpreted by any court of law to include or otherwise exempt from inspection the records of any athletic association or other nonprofit entity promoting intercollegiate athletics. (c) (1) All public records of hospital authorities shall be subject to this article except for those otherwise excepted by this article or any other provision of law. (2) All state officers and employees shall have a privilege to refuse to disclose the identity or personally identifiable information of any person participating in research on commercial, scientific, technical, medical, scholarly, or artistic issues conducted by the Department of Human Resources or a state institution of higher education whether sponsored by the institution alone or in conjunction with a governmental body or private entity. Personally identifiable information shall mean any information which if disclosed might reasonably reveal the identity of such person including but not limited to the person's name, address, and social security number. The identity of such informant shall not be admissible in evidence in any court of the state unless the court finds that the identity of the informant already has been disclosed otherwise. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1993. REGULATION OF CONSTRUCTION CONTRACTORS STATE CONSTRUCTION INDUSTRY LICENSING BOARD; POWERS; EXAMINATIONS; CERTIFICATES; SANCTIONS; CONTINUING EDUCATION; UTILITY MANAGERS AND FOREMEN; APPLICATIONS; GRACE PERIODS; BID LIMITS; STATE-WIDE LICENSURE; EXCEPTIONS. Code Title 43, Chapter 14 Revised. No. 534 (House Bill No. 653). AN ACT To amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, and other utility contractors, so as to define certain terms; to change the composition of the State Construction Industry Licensing Board; to change the manner of selection of a chairperson; to provide for succession of office; to provide that the various divisions of the board shall have authority to approve the examinations; to provide for certain additional licenses and certificates; to provide for continuing education requirements; to provide for exemptions; to change certain provisions regarding display of license by licensee; to provide for issuance of certain types of utility contractor licenses and certificates; to provide for certain duties of utility manager certificate holders and licensed utility contractors; to provide for license and certificate requirements; to provide for construction; to provide for applicability; to provide for exceptions; to provide for all related matters; to provide for editorial revisions; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, and other utility contractors, is amended by striking paragraphs (14), (15), and (16) of Code Section 43-14-2, relating to definitions, in their entirety and inserting in lieu thereof new paragraphs (14), (15), (16), and (17) to read as follows: (14) `Utility contractor' means a sole proprietorship, partnership, or corporation which is engaged in utility contracting under express or implied contract or which bids for, offers to perform, purports to have the capacity to perform, or does perform utility contracting under express or implied contract. (15) `Utility foreman' means any individual who is employed by a licensed contractor to supervise the construction, erection, alteration, or repair of utility systems. (16) `Utility manager' means any individual who is employed by a utility contractor to have oversight and charge of the construction, erection, alteration, or repair of utility systems. (17) `Utility system' means any system at least five feet underground including, but not limited to, water supply systems, sewerage and drainage systems, reservoirs and filtration plants, water and waste-water treatment plants, and pump stations. Section 2. Said chapter is further amended by striking Code Section 43-14-3, relating to the State Construction Industry Licensing Board, in its entirety and inserting in lieu thereof the following: 43-14-3. (a) There is created within the executive branch of state government the State Construction Industry Licensing Board. The board shall be assigned to the Secretary

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of State's office for administrative purposes and shall be under the jurisdiction of the joint-secretary. (b) The board shall be composed of 27 members as follows: (1) Five members known as the Division of Electrical Contractors, one of whom shall be a consulting engineer engaged in electrical practice, another of whom shall be the chief electrical inspector of a county or municipality and shall have served in such office for five years immediately preceding appointment to the board, and the remaining three of whom shall be engaged in the electrical contracting business; (2) Five members known as the Division of Master Plumbers and Journeyman Plumbers, one of whom shall be a full-time plumbing inspector of a county or municipality, three of whom shall be master or contracting plumbers, and one of whom shall be a journeyman plumber; (3) Five members known as the Division of Conditioned Air Contractors, one of whom shall be a licensed professional engineer engaged in mechanical practice, one of whom shall be the chief conditioned air inspector of a county or municipality and shall have served in such office for five years immediately preceding appointment, and three of whom shall be conditioned air contractors with more than five years of installation and service experience in the trade; (4) Five members known as the Division of Low-voltage Contractors, one of whom shall be an alarm system low-voltage contractor, one of whom shall be an unrestricted low-voltage contractor, one of whom shall be a telecommunication system low-voltage contractor, one of whom shall be a professional electrical engineer, and one of whom shall be the chief electrical inspector of a county or municipality;

Page 1342

(5) Five members known as the Division of Utility Contractors, three of whom shall be utility contractors, one of whom shall be a registered professional engineer, and one of whom shall be an insurance company representative engaged primarily in the bonding of construction projects; and (6) Two members who shall not have any connection with the electrical contracting, plumbing, or conditioned air contracting businesses whatsoever but who shall have a recognized interest in consumer affairs and consumer protection concerns. (d) All members shall be appointed by the Governor, subject to confirmation by the Senate, for four-year terms. (e) A member shall serve until a successor has been duly appointed and qualified. (f) The Governor shall make appointments to fill the unexpired portions of any terms vacated for any reason. In making such appointments, the Governor shall preserve the composition of the board as required by this chapter. Members shall be eligible for reappointment. (g) Any appointive member who, during his or her term, shall cease to meet the qualifications for original appointment shall thereby forfeit membership on the board. (h) Each member of the board shall take an oath of office before the Governor to faithfully perform the duties of such office. (i) The Governor may remove any member for failure to attend meetings, neglect of duty, incompetence, revocation or suspension of professional trade license, or other dishonorable conduct. (j) Members of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2.

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Section 3. Said chapter is further amended by striking Code Section 43-14-4, relating to election of the chairperson, meetings, and organization of the board, in its entirety and inserting in lieu thereof the following: 43-14-4. (a) The office of chairperson shall be rotated among the five divisions enumerated in Code Section 43-14-3 unless the board, through its rules and regulations, provides otherwise. Any vacancy in the office of chairperson shall be filled by the members for the unexpired term. The person selected to fill the vacancy shall be a member of the same division as the previous chairperson. (b) The board shall meet at the call of the chairperson or upon the recommendation of a majority of its members. (c) Each division within the board shall also elect from its membership a chairperson who shall serve for a term of two years. Any vacancy in the office of chairperson shall be filled by one of the members for the unexpired term. (d) Any member elected chairperson of a division may serve more than one consecutive term of office. (e) Each division shall carry out its powers and duties provided for in this chapter with the assistance of the executive director and staff of the board. (f) The divisions shall meet at the call of the chairperson. (g) Three members of each division shall constitute a quorum for the transaction of business of such division. Section 4. Said chapter is further amended by redesignating paragraph (5) of Code Section 43-14-5, relating to the general powers of the board, as paragraph (6) and inserting a new paragraph (5) to read as follows: (5) Determine qualifications for licensure or certification including such experience requirements as the board deems necessary;.

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Section 5. Said chapter is further amended by striking subsection (a) of Code Section 43-14-6, relating to powers and duties of the board, in its entirety and inserting in lieu thereof the following: (a) The Division of Electrical Contractors, with respect to applicants for a license to engage in or licensees engaging in the business of electrical contracting; the Division of Master Plumbers and Journeyman Plumbers, with respect to applicants for a license to engage in or licensees engaging in the business of plumbing as master plumbers or journeyman plumbers; the Division of Low-voltage Contractors, with respect to applicants for a license to engage in or licensees engaging in the business of low-voltage contracting; the Division of Utility Contractors with respect to applicants for a license to engage in or licensees engaging in the business of utility contracting and with respect to applicants for a certificate to be a utility manager or utility foreman or holders of a utility manager or utility foreman certificate; and the Division of Conditioned Air Contractors, with respect to applicants for a license to engage in or licensees engaging in the business of conditioned air contracting, shall: (1) Approve examinations for all applicants for licenses or certificates, except for utility contractor licenses and utility foreman certificates. The Division of Electrical Contractors shall approve separate examinations for Class I and Class II licenses. Class I licenses shall be restricted to electrical contracting involving single-phase electrical installations which do not exceed 200 amperes at the service drop or the service lateral, and Class II licenses shall be unrestricted. The Division of Master Plumbers and Journeyman Plumbers shall approve separate examinations for Master Plumber Class I, Master Plumber Class II, and Journeyman Plumbers. Master Plumber Class I licenses shall be restricted to plumbing involving single-family dwellings and one-level dwellings designed for not more than two families and commercial structures not to exceed 10,000 square feet in area. Master Plumber Class II licenses shall be unrestricted. The Division of Conditioned Air Contractors shall approve separate examinations for Class I and Class II licenses.

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Class I licenses shall be restricted to the installation, repair, or service of conditioned air systems or equipment not exceeding 175,000 BTU (net) of heating and five tons (60,000 BTU) of cooling. Class II licenses shall be unrestricted. The Division of Low-voltage Contractors shall approve separate examinations for Low-voltage Contractor Class LV-A, Low-voltage Contractor Class LV-T, Low-voltage Contractor Class LV-U, and Low-voltage Contractor Class LV-G. Class LV-A licenses shall be restricted to alarm and general system low-voltage contracting, Class LV-T licenses shall be restricted to telecommunication and general system low-voltage contracting, Class LV-G licenses shall be restricted to general system low-voltage contracting, and Class LV-U licenses shall be unrestricted and permit the performance of alarm, telecommunication, and general system low-voltage contracting; (2) Register and license or grant a certificate and issue renewal licenses and renewal certificates biennially to all persons meeting the qualifications for a license or certificate. The following licenses or certificates shall be issued by the divisions: (A) Electrical Contractor Class I; (B) Electrical Contractor Class II; (C) Master Plumber Class I; (D) Master Plumber Class II; (E) Journeyman Plumber; (F) Conditioned Air Contractor Class I; (G) Conditioned Air Contractor Class II; (H) Low-voltage Contractor Class LV-A; (I) Low-voltage Contractor Class LV-T;

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(J) Low-voltage Contractor Class LV-G; (K) Low-voltage Contractor Class LV-U; (L) Utility Contractor; Class A; (M) Utility Contractor; Class B; (N) Utility Contractor; Class U; (O) Utility Manager (certificate); and (P) Utility Foreman (certificate); (3) Investigate, with the aid of the joint-secretary, alleged violations of this chapter or other laws and rules and regulations of the board relating to the profession; (4) After notice and hearing, have the power to reprimand any person, licensee, or certificate holder, or to suspend, revoke, or cancel the license or certificate of or refuse to grant, renew, or restore a license or certificate to any person, licensee, or certificate holder upon any one of the following grounds: (A) The commission of any false, fraudulent, or deceitful act or the use of any forged, false, or fraudulent document in connection with the license or certificate requirements of this chapter or the rules and regulations of the board; (B) Failure at any time to comply with the requirements for a license or certificate under this chapter or the rules and regulations of the board; (C) Habitual intemperance in the use of alcoholic spirits, narcotics, or stimulants to such an extent as to render the license or certificate holder unsafe or unfit to practice any profession licensed or noncertified under this chapter;

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(D) Engaging in any dishonorable or unethical conduct likely to deceive, defraud, or harm the public; (E) Knowingly performing any act which in any way assists an unlicensed or noncertified person to practice such profession; (F) Violating, directly or indirectly, or assisting in or abetting any violation of any provision of this chapter or any rule or regulation of the board; (G) The performance of any faulty, inadequate, inefficient, or unsafe electrical, plumbing, low-voltage contracting, utility contracting, or conditioned air work likely to endanger life, health, or property. The performance of any work that does not comply with the standards set by state codes or by local codes in jurisdictions where such codes are adopted, provided that such local codes are as stringent as the state codes, or by other codes or regulations which have been adopted by the board, shall be prima-facie evidence of the faulty, inadequate, inefficient, or unsafe character of such electrical, plumbing, low-voltage contracting, utility contracting, or conditioned air work; provided, however, that the board, in its sole discretion, for good cause shown and under such conditions as it may prescribe, may restore a license to any person whose license has been suspended or revoked; (H) With respect to utility contractors, the bidding by such a utility contractor in excess of license coverage; (I) With respect to utility contractors, violations of Chapter 9 of Title 25; or (J) Any sanction issued in connection with Occupational Safety and Health Administration (OSHA) safety standards;

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(5) Review amendments to or revisions in the state minimum standard codes as prepared pursuant to Part 1 of Article 1 of Chapter 2 of Title 8; and the Department of Community Affairs shall be required to provide to the joint-secretary a copy of any amendment to or revision in the state minimum standard codes at least 45 days prior to the adoption thereof; and (6) Do all other things necessary and proper to exercise their powers and perform their duties in accordance with this chapter. Section 6. Said chapter is further amended by adding at the end of Code Section 43-14-6, relating to powers and duties of the licensing divisions, new subsections (e) and (f) to read as follows: (e) (1) With respect to Electrical Contractor Class I and Class II licenses, the Division of Electrical 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 electrical 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 conducted by manufacturers specifically to promote their products shall not be approved. (2) 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 division deems appropriate. (f) (1) With respect to utility foreman certificates and utility manager certificates issued under this chapter, the

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Division of Utility Contractors shall be authorized to require persons seeking renewal of such certificates 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 utility contracting provided or conducted by institutions under the State Board of Technical and Adult Education shall constitute acceptable continuing professional education programs for the purposes of this subsection. (2) 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 division deems appropriate. Section 7. Said chapter is further amended by striking Code Sections 43-14-8.2 and 43-14-8.3, relating to utility contracting licenses and certification of utility contracting foremen, in their entirety and inserting in lieu thereof new Code Sections 43-14-8.2, 43-14-8.3, and 43-14-8.4 to read as follows: 43-14-8.2. (a) For purposes of this Code section only, `division' means the `Division of Utility Contractors.' (b) After December 31, 1993, no sole proprietorship, partnership, or corporation shall have the right to engage in the business of utility contracting unless such business holds a utility contractor license and there is regularly connected with such business a person or persons who holds a valid utility manager certificate issued under this chapter. Such utility manager must be actually engaged in the performance of such business on a full-time basis and oversee the utility contracting work of all employees of the business. In cases where a sole proprietorship, partnership, or corporation has more than one permanent office, then each permanent office shall be registered with the division and at least one person who holds a valid utility manager certificate issued under this chapter shall be stationed in each office on a full-time

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basis and shall oversee the utility contracting work of all employees of that office. (c) Any corporation, partnership, or sole proprietorship desiring to qualify and be issued a utility contractor license under the provisions of this subsection shall: (1) Submit a completed application to the division on the form provided indicating: (A) The maximum bid limit requested by the applicant; (B) The names and addresses of proprietor, partners, or officers of such applicant; (C) The place and date such partnership was formed or such corporation was incorporated; and (D) The name of the qualifying utility manager holding a current certificate who is employed for each permanent office location of the business from which utility contracting is performed; (2) Submit its safety policy which must meet the minimum standards established by the board; (3) File a financial statement containing information as prescribed by the division; (4) Submit additional information as the division at its discretion may require; (5) Pay or have paid the required fees; and (6) Not be otherwise in violation of this chapter. (d) The decision of the division as to the qualifications of applicants shall, in the absence of fraud, be conclusive. (e) It shall be the duty of the utility manager certificate holders and the licensed utility contractor to notify the division,

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in accordance with board rules, of severance of connection between such utility contractor and the utility manager certificate holder or holders upon whom the qualification of the utility contractor rested. (f) In the event that a licensed utility contractor temporarily does not have employed a utility manager certificate holder to oversee its utility contracting work, upon notice by such utility contractor to the division within five days following the last day of employment of the utility manager certificate holder, the division shall grant the utility contractor a 90 day grace period in which to employ a utility manager certificate holder to oversee its utility contracting work before any action may be taken by the division to revoke the utility contractor's license. The division may, at its discretion, upon application by the utility contractor showing good cause grant one additional 90 day grace period. Grace periods totaling not more than 180 days may be granted during any two-year period. Failure to have employed a utility manager certificate holder to oversee the utility contracting work of the utility contractor shall be grounds for the revocation or suspension of the utility contractor license after a notice of hearing. (g) All applicants for renewal of utility contractor licenses provided for by this Code section shall be required to submit with the required fee a completed application on a form provided by the division. This application shall include a financial statement containing information prescribed by the division, the name and certificate number of the qualifying utility manager, and such other information as the division at its discretion may require. (h) Financial statements required by this Code section shall contain information as prescribed by the division. Such financial statements shall be reviewed by the joint-secretary or his or her designee but shall not be inspected or reviewed by members of the board or division unless there is a problem or controversy arising pursuant to the provisions of this Code section involving such financial statements. Such financial statements shall be confidential information and shall not be available for inspection by contractors or the general

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public. The licenses granted under this Code section shall stipulate the maximum limits on which that licensee is permitted to bid or perform in a single contract. (i) Utility contractor licenses shall set a limit on any single contract bid which the licensee may submit. The bid limit shall be based on the applicant's latest financial statement. The utility contractor license shall limit single contract bids based on the applicant's net worth as reported in its latest financial statement as follows: Class Bid Limit Minimum Net Worth A Not to exceed $500,000.00 $ 50,000.00 B Not to exceed $ 1 million 100,000.00 U Unlimited 200,000.00 Should the applicant's financial statement fail to substantiate the limits requested by the applicant, the division may consider the following: (1) The present market value in lieu of book value of listed assets when properly supported with substantiating evidence; and (2) A combined statement of the applicant that includes other wholly owned or substantially owned interests. (j) Any utility contractor desiring to change the bid limit of that utility contractor's license shall make application for revision of that license on the prescribed form furnished by the division. The application shall be supported by a current financial statement as prescribed by the board. Under no circumstances shall a utility contractor be permitted to bid in excess of that utility contractor's license bid limit prior to the time such revision is effected. The division on its own initiative may reclassify the license of a utility contractor if the licensee no longer qualifies for the original classification. (k) After December 31, 1993, it shall be unlawful for any contracting body to open or consider any bid for utility

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contracting unless the bidder has obtained the license required by this Code section and evidenced by the utility contractor license number written on the face of the bid envelope, unless otherwise provided. 43-14-8.3. (a) After December 31, 1993, no person may be employed as a utility manager unless that person holds a current utility manager certificate issued by the Division of Utility Contractors. (b) The division shall certify all applicants for certification under this chapter who satisfy the requirements of this chapter and the rules and regulations promulgated under this chapter. Persons wishing to qualify for utility manager certification shall submit a completed application form documenting required experience and other qualifications as prescribed by the board with the required fees and shall pass an examination. 43-14-8.4. (a) After December 31, 1993, no person may be employed as a utility foreman unless that person holds a current utility foreman certificate issued by the Division of Utility Contractors. (b) The division shall certify all applicants for certification under this chapter who satisfy the requirements of this chapter and the rules and regulations promulgated under this chapter. One requirement for such certification shall be the successful completion of a course of safety training in utility contracting approved by the division. In lieu of safety training any person desiring to be issued a utility foreman certificate may submit a completed application on or before June 30, 1994, which documents to the satisfaction of the division at least two years of experience as a utility foreman during the period of January 1, 1984, and December 31, 1993. Any person who does not submit a completed application for certification on or before June 30, 1994, must complete the required safety training order to be certified. (c) After December 31, 1993, no utility system shall be constructed, erected, altered, or repaired unless a certified utility manager or certified utility foreman who holds a current

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certification is present at the job site of such construction, erection, alteration, or repair of the utility system. Section 8. Said chapter is further amended by striking subsection (b) of Code Section 43-14-9, relating to display of licenses, in its entirety and inserting in lieu thereof the following: (b) All commercial vehicles used by licensees and certificate holders 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 work which a licensee or certificate holder purports to have the capacity to perform. Said registration number shall also be printed on all invoices and proposal forms. Section 9. Said chapter is further amended by striking Code Section 43-14-12, relating to suspension of or refusal to restore licenses and certificates, in its entirety and inserting in lieu thereof a new Code Section 43-14-12 to read as follows: 43-14-12. (a) Any municipal or county inspection authority which meets the standards established by the board shall be authorized, after notice and hearing, to suspend the license or certificate of competency of, or refuse to restore a license or certificate of competency to, any person or licensee upon the grounds set out in paragraph (4) of subsection (a) of Code Section 43-14-6; provided, however, that such suspension of a license by a local inspection authority shall be applicable only within the jurisdiction of such local authority. Any person aggrieved by an action of a local authority shall be entitled to an appeal to the appropriate division of the board and shall be entitled to a hearing. (b) This chapter shall not be construed to prohibit the governing authority of any county or municipality in the state from adopting and enforcing codes at the local level. (c) No provision of this chapter shall be construed as prohibiting or preventing a municipality or county from fixing,

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charging, assessing, or collecting any license fee, registration fee, tax, or gross receipt tax on any related business or on anyone engaged in any related business governed by this chapter. Section 10. Said chapter is further amended by striking Code Sections 43-14-13 and 43-14-14, which read as follows: 43-14-13. No provision of this chapter shall be construed as prohibiting or preventing a municipality or county from fixing, charging, assessing, or collecting any license fee, registration fee, tax, or gross receipt tax on any related business or on anyone engaged in any related business governed by this chapter. 43-14-14. Nothing in this chapter shall repeal or be construed as abrogating or otherwise affecting the power of any state department or agency to promulgate regulations, make inspections, or approve plans in accordance with any other applicable law., in their entirety. Section 11. Said chapter is further amended by striking Code Section 43-14-15, relating to applicability of the chapter, in its entirety and inserting in lieu thereof the following: 43-14-13. (a) This chapter shall apply to all installations, alterations, and repairs of plumbing, air-conditioning and heating, or electrical or low-voltage wiring or utility systems within or on public or private buildings, structures, or premises except as otherwise provided in this Code section. (b) Any person who holds a license issued under this chapter may engage in the business of plumbing, electrical contracting, conditioned air contracting, low-voltage contracting, or utility contracting but only as prescribed by the license, throughout the state; and except as provided in Code Section 43-14-12, no municipality or county may require such person to comply with any additional licensing requirements imposed by such municipality or county.

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(c) This chapter shall not apply to the installation, alteration, or repair of plumbing, air-conditioning and heating, utility systems, or electrical services, except low-voltage wiring services, up to and including the meters where such work is performed by and is an integral part of the system owned or operated by a public service corporation, an electrical, water, or gas department of any municipality in this state, a railroad company, a pipeline company, or a mining company in the exercise of its normal function as such. (d) This chapter shall not prohibit an individual from installing, altering, or repairing plumbing fixtures, air-conditioning and heating, air-conditioning and heating fixtures, utility systems, or electrical or low-voltage wiring services in a residential dwelling owned or occupied by such individual; 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 any applicable county or municipal resolutions, ordinances, codes, or inspection requirements. (e) This chapter shall not prohibit an individual employed on the maintenance staff of a facility owned by the state or by a county, municipality, or other political subdivision from installing, altering, or repairing plumbing, plumbing fixtures, air-conditioning and heating fixtures, utility systems, or electrical or low-voltage wiring services when such work is an integral part of the maintenance requirements of the facility; provided, however, that all such work must be done in conformity with all other provisions of this chapter and the orders, rules, and regulations of the board. (f) This chapter shall not prohibit any person from installing, altering, or repairing plumbing, plumbing fixtures, air-conditioning and heating fixtures, utility systems, or electrical or low-voltage wiring services in a farm or ranch service building or as an integral part of any irrigation system on a farm or ranch when such system is not located within 30 feet of any dwelling or any building devoted to animal husbandry. Nothing in this subsection shall be construed to limit the application of any resolution, ordinance, code, or

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inspection requirements of a county or municipality relating to such connections. (g) This chapter shall not apply to low-voltage wiring performed by public utilities, except that such portion of the business of those public utilities which involves the installation, alteration, repair, or service of telecommunication systems for profit shall be covered under this chapter. (h) This chapter shall not apply to the installation, construction, or maintenance of power systems or telecommunication systems for the generation or distribution of electric current constructed under the National Electrical Safety Code, which regulates the safety requirements of utilities; but the interior wiring regulated by the National Electrical Safety Code would not be exempt and must be done by an electrical contractor except as otherwise provided by law. (i) This chapter shall not apply to any technician employed by a municipal or county-franchised community antenna television (CATV) system or a municipally owned community antenna television system in the performance of work on the system. (j) This chapter shall not apply to regular full-time employees of an institution, manufacturer, or business who perform plumbing, electrical, low-voltage wiring, utility contracting, or conditioned air work when working on the premises of that employer. (k) This chapter shall not apply to persons licensed as manufactured or mobile home installers by the state fire marshal when: (1) Coupling the electrical connection from the service entrance panel outside the manufactured housing to the distribution panel board inside the manufactured housing; (2) Connecting the exterior sewer outlets to the above-ground sewer system; or

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(3) Connecting the exterior water line to the above-ground water system. (l) Any person qualified by the Department of Transportation to perform utility contracting for the department shall not be required to be licensed under Code Section 43-14-8.2 or certified under Code Section 43-14-8.3 in order to perform utility contracting for the department. (m) 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. (n) Any person who contracts with a licensed conditioned air contractor as part of a conditioned air contract to install, alter, or repair duct systems, control systems, or insulation is not required to hold a license from the Division of Conditioned Air Contractors. The conditioned air contractor must retain responsibility for completion of the contract, including any subcontracted work. Any person who contracts with a licensed conditioned air contractor to perform a complete installation, alteration, or repair of a conditioned air system must hold a valid license from the Division of Conditioned Air Contractors. Any person who contracts to perform for or on behalf of a conditioned air contractor to install, alter, or repair electrical, low-voltage, or plumbing components of a conditioned air system must hold a valid license from the appropriate division of the board. Section 12. Said chapter is further amended by striking Code Section 43-14-16, which reads as follows: 43-14-16. (a) This chapter shall not apply to: (1) The installation, construction, or maintenance of power systems or telecommunication systems for the generation or distribution of electric current constructed under the National Electrical Safety Code, which regulates

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the safety requirements of utilities; but the interior wiring regulated by the National Electrical Safety Code would not be exempt and must be done by an electrical contractor; or (2) Any technician employed by a municipal or county-franchised community antenna television (CATV) system or a municipally owned community antenna television system in the performance of work on the system. (b) Reserved. (c) This chapter shall not apply to any individual owner or lessee performing plumbing or related services upon residential property owned or leased by him and at which he resides. (d) This chapter shall not apply to regular, full-time employees of an institution, manufacturer, or business who perform plumbing, electrical, low-voltage wiring, utility contracting, or conditioned air work unless the employer is engaged in the practice of plumbing, electrical, low-voltage wiring, utility contracting, or conditioned air contracting. Such employees are only exempt when working on the premises of that employer. (e) Any person who holds a license issued to him under this chapter may engage in the business of plumbing, electrical contracting, low-voltage contracting, utility contracting, or conditioned air contracting, but only as prescribed by the license, throughout this state; and, except as provided in Code Section 43-14-13, no municipality or county may require such person to comply with any additional licensing requirements imposed by such municipality or county. (f) This chapter shall not prohibit any person from installing, altering, or repairing plumbing, plumbing fixtures, air-conditioning and heating fixtures, utility systems, or electrical or low-voltage wiring services in a farm or ranch service building. Nothing in this subsection shall be construed to limit the application of any resolution, ordinance, code, or

Page 1360

inspection requirements of a county or municipality relating to such connections. (g) This chapter shall not apply to manufactured housing service personnel who: (1) Couple the electrical connection from the service entrance panel outside the manufactured housing to the distribution panel board inside the manufactured housing; (2) Connect the exterior sewer outlets to the above-ground sewer system; or (3) Connect the exterior water line to the above-ground water system. Nothing in this subsection shall be construed to limit the application of any resolution, ordinance, code, or inspection requirements of a county or municipality relating to such connections. (h) This chapter shall in no way prohibit the governing authority of any county or municipality in the state from adopting and enforcing codes at the local level. (i) Any person qualified by the Department of Transportation to perform utility contracting for the department shall not be required to be licensed under Code Section 43-14-8.2 or certified under Code Section 43-14-8.3 in order to perform utility contracting for the department. (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

Page 1361

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, low-voltage, or plumbing components of a conditioned air system must hold a valid license from the appropriate division of the board., in its entirety. Section 13. Said chapter is further amended by redesignating Code Section 43-14-17 as 43-14-14. 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 15, 1993.

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FEDERAL INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT OF 1991 IMPLEMENTATION AT STATE LEVEL. Code Section 32-9-10 Enacted. No. 535 (House Bill No. 669). AN ACT To amend Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation, so as to provide for compliance with Section 3029 of the federal Intermodal Surface Transportation Efficiency Act of 1991; to provide for legislative purpose; to provide for a definition; to designate the Department of Transportation as the state agency responsible for implementation of said act; to define said department's powers for this purpose; to provide for safety program plans and the contents thereof; to provide for court orders; 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 32 of the Official Code of Georgia Annotated, relating to mass transportation, is amended by adding at the end a new Code section to read as follows: 32-9-10. (a) The purpose of this Code section is to implement Section 3029 of Public Law 102-240, the federal Intermodal Surface Transportation Efficiency Act of 1991, referred to in this Code section as the act. (b) For purposes of this Code section, the term `system' means a public transportation system having vehicles operated on a fixed guideway on steel rails, the steel of the wheels of such vehicles coming directly into contact with such rails, but excluding such systems that are subject to regulation by the Federal Railroad Administration. In addition, a `system' shall include all other public transportation systems that, under regulations issued pursuant to subsection (e) of the act, are subject to the act.

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(c) The department is designated as the agency of this state responsible for implementation of the act. (d) Each system operating in this state shall adopt and carry out a safety program plan that provides for the following: (1) The plan shall establish safety requirements with respect to the design, manufacture, and construction of the equipment, structures, and fixtures of the system; the maintenance of equipment, structures, and fixtures; operating methods and procedures and the training of personnel; compliance with federal, state, and local laws and regulations applicable to the safety of persons and property; protection from fire and other casualties; and the security of passengers and employees and of property; (2) The plan shall provide for measures reasonably adequate to implement the requirements established pursuant to paragraph (1) of this subsection; and (3) The plan shall establish lines of authority, levels of responsibility and accountability, and methods of documentation adequate to ensure that it is implemented. (e) The department shall have the following powers and duties: (1) It shall review the safety program plan of each system and all revisions and amendments thereof and if it finds that the plan conforms to subsection (d) of this Code section, shall approve it; (2) It shall monitor the implementation of each system's plan; (3) It shall have the power to require any system to revise or amend its safety program plan as may be necessary in order to comply with any regulations issued pursuant to subsection (e) of the act and any amendments or revisions thereof; and

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(4) It shall investigate hazardous conditions and accidents on each system and, as appropriate, require that hazardous conditions be corrected or eliminated. (f) If any system fails to comply with an order of the department to correct or to eliminate a hazardous condition, the department may apply for an order requiring such system to show cause why it should not do so. Such application shall be made to the superior court of the most populous county in which such system operates, as such population is determined according to the United States decennial census of 1990 or any future such census. If at the hearing upon such an order to show cause the court finds that the condition that is the subject of the order in fact creates an unreasonable risk to the safety of persons, property, or both, the court may order the system to comply with the department's order or to take such other corrective action as the court finds appropriate. Section 2. This Act shall become effective upon its approval by the Governor 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 15, 1993.

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LABOR AND INDUSTRIAL RELATIONS WORKERS' COMPENSATION; ADMINISTRATIVE LAW JUDGES; SERVICE ON STATE BOARD FOR APPEALS; EXPERIENCE MODIFICATION WORKSHEETS. Code Sections 34-9-47, 34-9-136, and 34-9-155 Amended. No. 536 (House Bill No. 677). AN ACT To amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to allow administrative law judges to be appointed by the State Board of Workers' Compensation to serve as a member of such board to review cases on appeal; to provide for the issuance of experience modification worksheets to an insured under a workers' compensation insurance policy; to provide that no person shall solicit membership or participation in any workers' compensation self-insurance fund unless such person has an agent's license or a counselor's license issued pursuant to Article 1 of Chapter 23 of Title 33 of the Official Code of Georgia Annotated or except under certain other 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. Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, is amended by striking subsection (b) of Code Section 34-9-47, relating to the creation of the trial and appellate divisions of the State Board of Workers' Compensation, and inserting in its place a new subsection (b) to read as follows: (b) The appellate division shall be composed of the three members of the board who shall serve as appellate administrative law judges. The chairman of the board shall serve as chief administrative law judge of the appellate division. An administrative law judge may be appointed by the board to serve as a member of the board to review cases on appeal; provided, however, not more than one administrative

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law judge may serve as a member of the board on any case and an administrative law judge who served as the hearing officer in a case may not serve as a member of the board to review the same case on appeal. An administrative law judge appointed to serve as a member of the board pursuant to this subsection shall be counted as a member for the purposes of the quorum requirement of Code Section 34-9-46. Section 2. Said chapter is further amended by striking Code Section 34-9-136, relating to statistical data submitted by an insurance company to a rating organization and verification by the employer, and inserting in its place a new Code Section 34-9-136 to read as follows: 34-9-136. (a) Before an insurance company is authorized to submit statistical data on an employer to any licensed rating organization for purposes of determining the employer's experience modification factor, the insurance company must verify with the employer the accuracy of the data. In so verifying, the insurance company shall provide to the employer: (1) the data to be submitted; and (2) a statement in boldface type, to be signed by an authorized representative of the employer, and submitted by the insurance company to the licensed rating organization along with the statistical data. Said statement shall indicate that the statistical data to be submitted have been reviewed by the authorized representative of the employer; that said data are accurate; and that an insurance company representative has explained to the employer's representative that the statistical data to be submitted may affect the employer's premium for workers' compensation insurance coverage. (b) When a licensed rating organization issues an insured's experience modification worksheet to the insured's workers' compensation insurance company, the licensed rating organization shall submit a copy of the worksheet to the insured. Section 3. Said chapter is further amended by designating the existing wording of Code Section 34-9-155, relating to admission of new members into workers' compensation

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self-insurance funds, as subsection (b) and by inserting immediately preceding such subsection the following: (a) No person shall solicit membership or participation in any fund unless such person: (1) Has a valid agent's license for property and casualty insurance or a counselor's license issued pursuant to Article 1 of Chapter 23 of Title 33; or (2) Is an officer, director, or employee of: (A) A professional association or trade association; or (B) A corporation with its income exempt pursuant to Section 115 of the United States Internal Revenue Code. 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 15, 1993.

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EMERGENCY TELEPHONE NUMBER 911 SYSTEM MILITARY BASES; APPLYING 911 CHARGES TO BILL; JOINT AUTHORITIES; CREATION AND ACTIVATION; POWERS; OFFICERS; EMPLOYEES; BUDGET; CONTRACTS. Code Sections 46-5-122 and 46-5-134 Amended. Code Section 46-5-138 Enacted. No. 537 (House Bill No. 719). AN ACT To amend Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to the emergency telephone number 911 system, so as to include military bases within the definition of local government; to allow service suppliers collecting 911 charges from subscribers located on military bases to apply these funds directly to the service supplier's bill for 911 service rather than remitting the funds to an Emergency Telephone System Fund; to authorize local governments to create an authority which shall be authorized to contract with such local governments for the purpose of operating a 911 system within the corporate boundaries of such local governments; to provide for the powers and functions of the authority; to provide for funding of the authority; to provide for the composition of the authority; to provide for a director and other personnel of the authority and their compensation and other benefits; to provide for the authority to submit financial records and its annual budget to the local governments; 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 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to the emergency telephone number 911 system, is amended by striking paragraph (5) of Code section 46-5-122, relating to definitions, and inserting in lieu thereof a new paragraph (5) to read as follows:

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(5) `Local government' means any city, county, military base, or political subdivision of Georgia and its agencies. Section 2. Said part is further amended by adding at the end of Code Section 46-5-134, relating to billing of subscribers, a new subsection (j) to read as follows: (j) In the event the local government is a federal military base providing emergency services to subscribers residing on the base, the service supplier is authorized to apply the `911' charges collected to the bill for `911' service rather than remit the funds to an Emergency Telephone System Fund. Section 3. Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to an emergency telephone number 911 system, is amended by adding following Code Section 46-5-137 a new Code Section 46-5-138 to read as follows: 46-5-138. (a) (1) By proper resolution of the local governing bodies, an authority may be created and activated by: (A) Any two or more municipal corporations; (B) Any two or more counties; or (C) One or more municipal corporations and one or more counties. (2) The resolutions creating and activating a joint authority shall specify the number of members of the authority, the number to be appointed by each participating county or municipal corporation, their terms of office, and their residency requirements. (3) The resolutions creating and activating joint authorities may be amended by appropriate concurrent resolutions of the participating governing bodies.

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(b) The public authority shall be authorized to contract with the counties or municipalities which formed the authority to operate an emergency `911' system for such local governments throughout the corporate boundaries of such local governments. Pursuant to such contracts, the local governments shall be authorized to provide funding to the authority from the Emergency Telephone System Fund maintained by each local government. No authority shall be formed until each local government forming the authority has imposed a monthly `911' charge. (c) Each authority shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions of this part, including, but without limiting the generality of the foregoing, the power: (1) To bring and defend actions; (2) To adopt and amend a corporate seal; (3) To make and execute contracts and other instruments necessary to exercise the powers of the authority; (4) To receive and administer gifts, grants, and devises of any property; (5) To operate emergency call answering services for law enforcement, emergency management, fire, and emergency medical service agencies 24 hours a day, seven days a week, 365 days a year; (6) To acquire, by purchase, gift, or construction, any real or personal property desired to be acquired to operate the emergency `911' system; (7) To sell, lease, exchange, transfer, assign, pledge, mortgage, dispose of, or grant options for any real or personal property or interest therein for any such purposes; and

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(8) To mortgage, convey, pledge, or assign any properties, revenues, income, tolls, charges, or fees owned or received by the authority. (d) The authority shall elect a chairperson and such other officers as deemed necessary by the authority. The authority shall select a director who shall be responsible for establishing operating standards and procedures and overseeing the operations of the emergency `911' system. The director may be an employee working in the operation of the emergency `911' system. The authority shall be responsible for hiring, training, supervising, and disciplining employees working in the operation of the emergency `911' system. An appropriate number of full-time and part-time employees shall be hired to operate the emergency `911' system. The authority shall determine the compensation of such employees and shall be authorized to provide other employee benefits. The authority shall submit its annual budget and a report of its financial records to the local governments which created the authority. (e) The authority may contract with a service supplier in the same manner that local governments are so authorized under the provisions of this part. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1993.

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EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA BENEFITS FOR RETIREMENT AT 55 FOR OFFICERS AND TROOPERS OF THE DEPARTMENT OF PUBLIC SAFETY, CONSERVATION RANGERS, ALCOHOL AND TOBACCO OFFICERS OR AGENTS, AND OFFICERS OR AGENTS OF THE GEORGIA BUREAU OF INVESTIGATION. Code Section 47-2-111 Enacted. No. 538 (House Bill No. 750). AN ACT To amend Article 6 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to retirement and eligibility for a retirement allowance, so as to provide a retirement allowance for certain members; to provide that certain persons shall be entitled to retire at age 55; 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 47 of the Official Code of Georgia Annotated, relating to retirement and eligibility for a retirement allowance, is amended by inserting at the end thereof the following: 47-2-111. (a) Any other provision of law to the contrary notwithstanding, any member stated in subparagraphs (B) through (E) of paragraph (1) of subsection (b) of Code Section 47-2-110 who is subject to the involuntary separation provisions of Code Section 47-2-123 and who retires upon or after attaining the age of 55, whether or not retirement at such age is required by law, shall upon application receive a retirement allowance which shall consist of: (1) In the case of a member with at least 20 years of service, the service retirement allowance which would have been payable upon service retirement at age 60 had

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the member continued in service to age 60 without further change in compensation; (2) In the case of a member with at least 25 years of service, 75 percent of the service retirement allowance which would have been payable upon service retirement at age 65 had the member continued in service without further change in compensation; or (3) In the case of a member with at least 30 years of service, the service retirement allowance which would have been payable upon service retirement at age 65 had the member continued in service without further change in compensation. Any provisions of this chapter to the contrary notwithstanding, in the application of the above paragraphs of this subsection relating to allowances other than for disability or death, projected retirement allowance computations shall be made on the basis of the member's highest total monthly earnable compensation, as reflected by monthly contributions made during the last 24 calendar months in which the member had made contributions, except that no salary increase by adjustment in compensation in any manner in excess of 10 percent during the last 12 months of membership service shall be included in the projected computation. (b) Any other provision of this chapter to the contrary notwithstanding, any member employed by the Uniform Division of the Department of Public Safety as an officer, a noncommissioned officer, or a trooper; by the Georgia Bureau of Investigation as an officer or agent; by the Department of Natural Resources as a conservation ranger; or by the Department of Revenue as an alcohol and tobacco officer or agent or as an officer or agent of the Special Investigations Unit shall be eligible to retire at age 55 if he or she has the minimum number of years of creditable service provided in Code Section 47-2-110, and upon retirement such member shall be paid not less than the service retirement allowance which would have been payable to such member upon service retirement at age 65 without a change in compensation and

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with the same number of years' creditable service to which such member is entitled at the time of retirement. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1993. REGIONAL DEVELOPMENT CENTERS MEMBERS, TERMS, BUSINESS CONDUCT, MEETINGS AND POWERS OF BOARDS; EXECUTIVE COMMITTEES; EXECUTIVE DIRECTOR; POWERS; EMPLOYEES; PARTISAN POLITICAL ACTIVITIES. Code Title 50, Chapter 8 Revised. No. 539 (House Bill No. 753). 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 change certain provisions relating to regional development centers; to change certain provisions relating to definitions; to change the provisions relating to the boards of regional development centers; to change the composition of such boards; to change the provisions relating to terms of office of members of such boards; to provide for the organization and conduct of business of such boards; to repeal certain provisions relating to the manner of expanding the membership of such boards; to provide for meetings of the boards; to provide for powers of said boards; to repeal certain provisions relating to executive committees of such boards; to provide for an executive director of each board and for an annual performance review of each such executive director; to change the provisions relating to powers of regional development centers; to change certain references; to change the provisions relating to prohibited employment of an employee of a regional development center or a nonprofit corporation; to prohibit certain employees of regional

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development centers or nonprofit corporations and members of a board or advisory committee of a regional development center or nonprofit corporation from engaging in certain activities with an entity which contracts with such a center or nonprofit corporation; to prohibit a director or chief administrative officer of a regional development center from participating in any partisan political activities; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, is amended by striking in its entirety Code Section 50-8-31, relating to definitions applicable to regional development centers, and inserting in lieu thereof a new Code Section 50-8-31 to read as follows: 50-8-31. As used in this article, the term: (1) `Board' means the board of a regional development center. (2) `Center' means a regional development center established under this article. (3) `Commissioner' means the commissioner of community affairs. (4) `Comprehensive plan' means any plan by a county or municipality covering such county or municipality or any plan by a regional development center covering the center's region proposed or prepared pursuant to the minimum standards and procedures for preparation of comprehensive plans and for implementation of comprehensive plans, established by the department in accordance with Article 1 of this chapter. (5) `Conflict' means any conflict, dispute, or inconsistency arising:

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(A) Between or among comprehensive plans for any counties or municipalities, as proposed, prepared, proposed to be implemented, or implemented; (B) Between or among comprehensive plans for any counties or municipalities and comprehensive plans for the region which includes such counties or municipalities, as such plans may be proposed, prepared, proposed to be implemented, or implemented; (C) With respect to or in connection with any action proposed to be taken or taken by any county, municipality, or other local government relating to or affecting regionally important resources, as defined by the department; or (D) With respect to or in connection with any action proposed to be taken or taken by any county, municipality, or other local government relating to or affecting developments of regional impact, as defined by the department. (6) `Constitution' means the Constitution of the State of Georgia. (7) `Contract' means any contract, agreement, or other legally binding arrangement. (8) `Coordinated and comprehensive planning' means planning by counties and municipalities and by regional development centers in accordance with the minimum standards and procedures. (9) `County board member' means any member of the board representing a county, determined pursuant to paragraph (1) of subsection (b) of Code Section 50-8-34. (10) `Department' means the Department of Community Affairs. (11) `Governing body' means the board of commissioners of a county, sole commissioner of a county, council,

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commissioners, or other governing authority for a county or municipality. (12) `Government' means any governmental unit on the federal, state, or local level and any department, agency, or authority of any such governmental unit and shall include all local governments, school districts, state agencies, and state authorities. (13) `Local government' means any county, municipality, or other political subdivision of the state; any regional development center; any public agency or public authority, except any state agency or state authority, created under the Constitution or by Act of the General Assembly; and shall include public agencies and public authorities which are created or activated pursuant to the Constitution or Act of the General Assembly or by action of the governing body of any county, municipality, or other political subdivision of the state, separately or in any combination, and shall include any group of counties or municipalities which forms the group to carry out jointly any lawful purposes but shall not include school districts. (14) `Local plan' means the comprehensive plan for any county or municipality. (15) `Minimum standards and procedures' means the minimum standards and procedures, including the minimum elements which shall be addressed and included, for preparation of comprehensive plans, for implementation of comprehensive plans, and for participation in the coordinated and comprehensive planning process, as established by the department. Minimum standards and procedures shall include any elements, standards, and procedures for such purposes prescribed by a regional development center for counties and municipalities within its region and approved in advance by the department, in accordance with Article 1 of this chapter. (16) `Municipal board member' means any member of the board representing a municipality, determined

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pursuant to paragraph (1) of subsection (b) of Code Section 50-8-34. (17) `Municipality' means any municipal corporation of the state and any consolidated city-county government of the state. (18) `Necessary' means necessary, desirable, or appropriate, as determined by the commissioner, unless the context clearly indicates a different meaning. (19) `Nonpublic board member' means any board member who is a resident of a county within the region, who is not an elected or appointed official or employee of any county or municipality, and who is elected as a nonpublic member for that county pursuant to paragraph (1) of subsection (b) of Code Section 50-8-34. (20) `Qualified local government' means a county or municipality which: (A) Has a comprehensive plan in conformity with the minimum standards and procedures; (B) Has established regulations consistent with its comprehensive plan and with the minimum standards and procedures; and (C) Has not failed to participate in the department's mediation or other means of resolving conflicts in a manner which, in the judgment of the department, reflects a good faith effort to resolve any conflict. (21) `Region' means the territorial area within the boundaries of operation for any regional development center, as such boundaries shall be established from time to time by the board of the department. (22) `Regional development center' means a regional development center established under this article.

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(23) `Regional plan' means the comprehensive plan for a region. (24) `State' means the State of Georgia. Section 2. Said chapter is further amended by striking in its entirety Code Section 50-8-34, relating to boards of regional development centers, and inserting in lieu thereof a new Code Section 50-8-34 to read as follows: 50-8-34. (a) The board of each regional development center shall establish policy and direction for the regional development center and shall perform such other functions as may be provided or authorized by law. (b) Membership on the board shall be determined as follows: (1) The board of each regional development center shall be comprised of not less than two nor more than five representatives from each member county served by the regional development center. The manner of selecting such regional development center board members shall be as prescribed by its bylaws, provided that the board shall have at least one elected or appointed municipal government official from each member county and at least one elected or appointed county government official from each member county. The bylaws of a regional development center may authorize the regional development center to include nonpublic board members; and (2) At the next regular meeting of each regional development center board held not less than 30 days following the effective date of this Code section, the chairperson of each regional development center board shall convene a meeting of the present membership of such board for the purpose of amending the regional development center's bylaws to provide for the election of the initial regional development center board in accordance with the provisions of paragraph (1) of this subsection. Not less than 30 nor more than 60 days following the adoption of such amended bylaws, the chairperson of

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each regional development center board shall convene a meeting of the present membership of each regional development center board to elect the initial regional development center board in accordance with the provisions of such amended bylaws. The terms of office of initial regional development center board members selected pursuant to this subsection shall commence upon such date and time as specified in the amended regional development center's bylaws. (c) The term of a member shall be for a period of one year and until the member's successor is elected and qualified. The term of a member shall terminate immediately upon: (1) Resignation by a member; (2) Death of a member or inability to serve as a member due to medical infirmity or other incapacity; or (3) Any change in local elective office or residence of a member which would cause the composition of the board not to comply with the requirements of subsection (b) of this Code section. (d) Each member of the board shall have one vote. Establishment of a quorum for purposes of the conduct of business shall be determined by the bylaws of the regional development center. (e) Each regional development center board shall elect from among its board members a chairperson, vice chairperson, and secretary who shall serve for a term of one year and until their successors are elected and qualified. Such elections shall be held annually at a meeting designated for that purpose in the regional development center's bylaws. (f) The board shall meet not less than ten times each year and at such times as provided by its bylaws. (g) Each board shall exercise the following powers:

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(1) The powers, duties, responsibilities, and functions enumerated in Code Section 50-8-35; (2) The appointment and removal of an executive director for the regional development center; (3) The establishment of such committees as the board shall deem appropriate; (4) The adoption of an annual work program for the regional development center; (5) The adoption of an annual budget; (6) The selection of an independent auditor for the regional development center; and (7) The determination of the policies and programs to be implemented and operated by the regional development center as may be provided or authorized by law. Section 3. Said chapter is further amended by adding between Code Section 50-8-34 and 50-8-35 a new Code Section 50-8-34.1 to read as follows: 50-8-34.1. (a) Each regional development center shall have an executive director who shall serve at the pleasure of the board and who shall be subject to appointment and removal by a majority vote of the members of the board. The executive director shall perform such duties as assigned by the board. (b) Each regional development center board shall require performance standards for measurement of the activities of the regional development center. The board shall conduct an annual performance review of the executive director of the regional development center measured by standards developed by the board. Section 4. Said chapter is further amended by striking in its entirety Code Section 50-8-35, relating to general powers

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of regional development centers, and inserting in lieu thereof a new Code Section 50-8-35 to read as follows: 50-8-35. (a) Each regional development center, as authorized by the board of such regional development center and consistent with federal and state law, shall perform the duties, responsibilities, and functions and may exercise the power and authority described in this Code section. Each center may exercise the following power and authority: (1) Each center may adopt bylaws and make rules and regulations for the conduct of its affairs; (2) Each center may make and enter into all contracts necessary or incidental to the performance of its duties and functions. Neither a center, nor any nonprofit corporation established or controlled by that center, may enter into any contract obligating that center or nonprofit corporation to perform services for any political subdivision, individual, or business entity located wholly outside the boundaries of that center's region, except that one center, on its own behalf and not on behalf or for the direct benefit of any political subdivision, individual, or business entity within that center's boundaries, may contract with another center to provide services for the benefit of one or both centers; (3) Each center may acquire and dispose of real and personal property; (4) Each center may utilize the services of the Department of Administrative Services; (5) Each center may prepare studies of the area's resources as they affect existing and emerging problems of industry, commerce, transportation, population, housing, agriculture, public services, local governments, and any other matters relating to area planning and development; (6) Each center may collect, process, and analyze, at regular intervals, the social and economic statistics for the region, which statistics are necessary to planning

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studies, and make the results available to the general public; (7) Each center may participate with local, state, or federal governmental agencies, educational institutions, and public and private organizations in the coordination and implementation of research and development activities; (8) Each center may cooperate with all units of local government and planning and development agencies within the center's region and coordinate area planning and development activities with those of the state and of the units of local government within the center's region as well as neighboring regions and with the programs of federal departments, agencies, and regional commissions; and provide such technical assistance, including data processing and grant administration services for local governments, as may be requested of it by a unit or units of local government within the center's region; and such technical assistance shall not be limited to planning and development activities but may include technical assistance of any nature requested by a unit or units of local government within the center's region; (9) Each center may carry out such other programs as its board or the department shall require from time to time; (10) Each center may, when appropriate, administer funds involving more than one political subdivision; (11) Each center may, upon the signed resolution of its board and written approval by each unit of local government affected, initiate, continue, or renew arrangements with the United States government, an adjoining state, this state, a unit of local government, any agency or instrumentality of the foregoing, or a public or private organization for the management, administration, or operation of human service programs by such regional development center; but, in the conduct of any such human service programs, a center shall not engage in the direct

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delivery of goods or services to individual consumers but may enter into contracts with other authorized entities, including units of local government, for the delivery of such goods or services by and in the name of such entities; and (12) Each center may provide the following benefits to its employees, their dependents, and survivors, in addition to any compensation or other benefits provided to such persons: (A) Retirement, pension, disability, medical, and hospitalization benefits, through the purchase of insurance or otherwise; (B) Life insurance coverage and coverage under federal old age and survivors' insurance programs; (C) Sick leave, annual leave, and holiday leave; and (D) Any other similar benefits including, but not limited to, death benefits. (b) Each center shall adopt personnel policies and practices with specific reference to job descriptions and qualifications. Minimum qualifications for the professional personnel of each regional development center shall be established by the board of the regional development center and the Board of Community Affairs. (c) Each center shall undertake and carry out such planning and technical assistance activities as its board or the department may deem necessary for the development, preparation, and implementation of comprehensive plans for the center's region and for municipalities and counties within the center's region and such planning and technical assistance activities as its board or the department may deem necessary for coordinated and comprehensive planning within the center's region. Such planning and technical assistance

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activities may include, but shall not be limited to, the following: (1) A center may coordinate and assist local governments in preparing local plans for submission to the center; (2) A center may provide technical planning assistance to local governments; (3) A center may develop and prepare a local plan for a county or municipality if the county or municipality enters into a contract with a center for that purpose; (4) A center may require that comprehensive plans within its region include elements in addition to those established by the department as minimum standards and procedures but, before imposing any such requirement, the center shall have received the department's approval of any additional elements to be included in such comprehensive plans; (5) A center may establish goals and objectives, consistent with those established by the Governor's Development Council or by the department, for its region; and (6) Each center shall prepare and adopt a regional plan and submit the regional plan to the department. The regional plan shall take into consideration local plans within the region. The regional plan may be prepared but shall not be adopted by the board until after a proposed regional plan has been made public and after the board has held, or caused to be held by a designated hearing officer, a public hearing on the regional plan, in accordance with such procedures as the department may establish. (d) Each center shall participate in compiling a Georgia data base and network, coordinated by the department, to serve as a comprehensive source of information available, in an accessible form, to local governments, state agencies, and members of the General Assembly.

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(e) A center shall serve as liaison with other governments, including federal government agencies and state agencies. In this capacity, a center may administer programs within the state upon the request of local governments and may administer federal or state government programs upon designation by the federal or state government. Each center shall be designated as the official planning agency for all state and federal programs to be carried out in the region if such designation is required and if the department concurs in such designation. A center may take all action and shall have all power and authority necessary to carry out its responsibilities, duties, and functions under any such state or federal programs. (f) (1) In order to accomplish the intent of subsection (e) of this Code section, each center is authorized to create nonprofit corporations to administer federal or state revolving loan programs or loan packaging programs. Each such nonprofit corporation must be authorized by the center's board and each unit of local government affected. (2) Employees and any other authorized representatives of a nonprofit corporation created pursuant to paragraph (1) of this subsection are authorized to expend nonpublic funds of such corporation for the business meals and incidental expenses of bona fide industrial prospects and other persons who attend any meeting at the request of the nonprofit corporation to discuss the location or development of new business, industry, or tourism within the center's region. All such expenditures shall be verified by vouchers showing date, place, purpose, and persons for whom such expenditures were made. The state auditor shall conduct an audit of such expenditures at least once every 12 months. (3) A nonprofit corporation shall keep books of account reflecting all funds received, expended, and administered by the nonprofit corporation which shall be independently audited at least once in each fiscal year during which a nonprofit corporation functions. The auditor's report shall be presented to the commissioner, who shall

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make such report available to each board member within the region and to the Board of Community Affairs. The books of account shall be kept in a standard, uniform format to be determined by the state auditor and the commissioner. Each nonprofit corporation shall update its books of account on a quarterly basis and shall present the quarterly update to the commissioner. The department shall conduct a performance audit of each nonprofit corporation at least once every three years. Section 5. Said chapter is further amended by striking in its entirety paragraph (7) of Code Section 50-8-60, relating to definitions applicable to conflicts of interest in contract administration involving regional development centers, and inserting in lieu thereof a new paragraph (7) to read as follows: (7) `Nonprofit corporation' means any nonprofit corporation created or controlled by a regional development center as expressly authorized by law, or as administratively authorized pursuant to paragraph (18) of Code Section 50-8-31 and subsection (f) of Code Section 50-8-35. Section 6. Said chapter is further amended by striking in its entirety Code Section 50-8-61, relating to prohibited employment of an employee of a regional development center or a nonprofit corporation, and inserting in lieu thereof a new Code Section 50-8-61 to read as follows: 50-8-61. (a) For the purposes of this chapter, when a center or nonprofit corporation administers a contract in which it procures goods or services or makes loans or otherwise directs the expenditure of funds, no employee who is compensated for his or her services by either the center or nonprofit corporation or any member of a board or advisory committee of the center or nonprofit corporation that plays a role in determining such contracts, loans, or procurement decisions shall also serve, during the period of any such contract, loan, or procurement decision, as a board member, officer, independent contractor, or paid employee of the entity contracting with, borrowing from, or otherwise receiving funds from the center or nonprofit corporation.

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(b) This Code section shall not preclude an employee of a center from serving, without compensation, as an officer of a nonprofit corporation for the purposes of executing loan transactions. Nor shall this Code section preclude a center and any nonprofit corporation that it creates or controls from entering into a contract with the other for the provision of staff services. In addition, this Code section shall not preclude an employee of a private financial institution from serving on a loan review or other advisory committee of a nonprofit corporation even when such financial institution participates in a loan of the nonprofit corporation. Further, this Code section shall not preclude a board member of a center from also serving as a member of a board or advisory committee of a nonprofit corporation created pursuant to paragraph (1) of subsection (f) of Code Section 50-8-35. (c) Any person who knowingly violates this Code section shall be subject to the penalties provided for in Code Section 50-8-66. Section 7. Said chapter is further amended by striking in its entirety Code Section 50-8-67, relating to the prohibition against a director or chief administrative officer of a regional development center from influencing the election of members of the board of a regional development center, and inserting in lieu thereof a new Code Section 50-8-67 to read as follows: 50-8-67. A director or chief administrative officer of a regional development center shall not actively or directly attempt to influence the election of persons as members of the board of such regional development center. A director or chief administrative officer of a regional development center shall not participate in any partisan political activities. The board of a regional development center may adopt, as part of its personnel policies, disciplinary measures to be imposed for noncompliance with this Code section.

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Section 8. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1993. SUPERIOR COURTS BAILIFFS; SELECTION; FILLING OF VACANCIES IN OFFICE OF SHERIFF; LOCAL LAW. Code Section 15-6-35 Enacted. Code Section 15-16-8 Amended. No. 540 (House Bill No. 764). AN ACT To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide for the selection of bailiffs in the superior courts; to authorize the provision by local law for alternative methods of filling vacancies in the office of sheriff; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by adding at the end of Article 1 of Chapter 6, relating to general provisions relative to superior courts, a new Code Section 15-6-35 to read as follows: 15-6-35. The sheriff shall have the right to select such bailiffs, with the approval of the court, as may be necessary to transact properly the business thereof. Whenever the public interests require it, the judge shall have the power to appoint such additional bailiffs as the judge deems necessary. Section 2. Said title is further amended by striking in its entirety subsection (a) of Code Section 15-16-8, relating to the filling of vacancies in the office of sheriff, and inserting in lieu thereof a new subsection (a) to read as follows:

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(a) Except as otherwise provided by local law, vacancies in the office of sheriff shall be filled and the proceedings thereafter shall be as in cases of vacancies in the office of clerk of the superior court, subject to the exception provided in subsection (b) of this Code section. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1993. GENERAL ASSEMBLY ETHICS COMMITTEES; SUBPOENAS; ISSUANCE; JUDICIAL REVIEW. Code Section 28-1-16 Enacted. No. 541 (House Bill No. 972). 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 provide procedures for the issuance of subpoenas by the Superior Court of Fulton County on behalf of the Committees on Ethics of the Senate and House of Representatives; to provide for applications for issuance, judicial review of applications, and issuance and enforcement of such subpoenas; to provide for recognition and preservation of confidential treatment under certain circumstances; 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 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions pertaining to the General Assembly, is amended by adding at its end a new Code Section 28-1-16 to read as follows:

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28-1-16. (a) If the Committee on Ethics of the Senate or House of Representatives determines that the effective functioning of the committee requires the issuance of compulsory process to secure the attendance of a witness or the production of documents and materials, or if a person whose conduct is called into question in an investigation or other proceeding requests the issuance of such compulsory process, the chairperson or acting chairperson shall make application in writing to the presiding judge of the Superior Court of Fulton County for the issuance of an appropriate subpoena. Such application shall: (1) Describe in general terms the investigation or other proceeding for which the issuance of subpoena is sought and identify the provisions of the Senate or House rules authorizing the committee to conduct such investigation or proceeding; (2) In the case of process to secure the attendance of a witness, identify the witness; the general nature of the questions to be propounded to the witness; and the reasons for believing that the testimony of the witness is likely to be relevant to the authorized scope of the investigation or proceeding; (3) In the case of process to secure the production of documents and materials, identify the person to whom the subpoena is to be directed; the general nature of the documents and materials in question; and the reasons for believing that such documents and materials are likely to be relevant to the authorized scope of the investigation or proceeding; (4) State whether confidential treatment of the application for and issuance of the subpoena is requested; (5) If the application is submitted on behalf of a person whose conduct is called into question, be accompanied by any materials in support of the application which such person desires to have transmitted to the court with the application; and

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(6) If the application is submitted on motion of the committee, be sought by the chair or acting chair only after notification to the person whose conduct is in issue that the subpoena will be sought. (b) The presiding judge shall act on such application within 48 hours after it is presented to the judge. If the judge finds that the committee is acting within the scope of the authority granted to it by the rules of the Senate or House and that the testimony or documents or materials sought to be elicited appear to be likely to be relevant to the authorized scope of the investigation or proceeding, the judge may cause an appropriate subpoena to be issued and transmitted to the chairperson or acting chairperson. If the judge deems it necessary or appropriate, the judge may hold a closed or open hearing with respect to his or her determination of this matter. (c) When authorized by the rules of the Senate and House, the confidential treatment of material and information in the course of investigations and other proceedings of the Committees on Ethics shall be recognized by law. Such confidential treatment shall be preserved in proceedings under this Code section as provided in this subsection. If the application for a subpoena requests confidential treatment, the court shall in any event take any and all steps necessary or appropriate to preserve the confidentiality of the application. The court may, but shall not be required to, issue the subpoena in such a manner as to preserve its confidentiality. If the court determines that a subpoena may be issued but confidential treatment is not warranted under the rules of the Senate or House, the judge shall so notify the chairperson or acting chairperson; and the chairperson or acting chairperson shall then have the option to: (1) Abandon the request for a subpoena, in which case the application shall remain confidential; or (2) Accept the determination of the court, in which case the subpoena shall issue, but the application and the issuance shall not be treated as confidential.

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(d) In case of refusal to obey a subpoena issued under this Code section to any person, the Superior Court of Fulton County, upon application by the chairman or acting chairman, may issue to the person an order requiring him or her to appear before the court to show cause why he or she should not be held in contempt for refusal to obey the subpoena. Failure to obey a subpoena may be punished by the court as contempt of court. (e) A subpoena issued under this Code section may be served at any place in the state and in any manner authorized in Code Section 24-10-23. Fees and mileage shall be paid and tendered as provided in Code Section 24-10-24, notwithstanding the general exemption of the state from tender of fees and mileage, and shall be in the form of a check issued by the Legislative Fiscal Office upon the written request of the chairperson or acting chairperson. (f) Any decision of the court under this Code section shall be appealable in the same manner as provided by law for the appeal of a final judgment in a civil action. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1993.

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STATE GOVERNMENT TELEPHONE NUMBERS ON STATE AGENCY STATIONERY; PUBLIC RECORDS; DISCLOSURE; PRIOR APPROVAL OF PRESIDING ADMINISTRATIVE LAW JUDGE NOT REQUIRED IN PROCEEDING RELATING TO PROFESSIONAL EDUCATION CERTIFICATE OR PERSONNEL. Code Section 50-18-1 Enacted. Code Section 50-18-70 Amended. No. 542 (Senate Bill No. 70). AN ACT To amend Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state printing and documents, so as to provide that stationery used by state agencies, state departments, and other state entities shall have printed thereon one or more telephone numbers to which responses and inquiries may be directed; to provide for definitions; to provide for applicability; to provide for limited use of noncomplying stationery; to provide for other related matters; to amend Code Section 50-18-70 of the Official Code of Georgia Annotated, relating to inspection of public records, so as to provide that in certain administrative proceedings parties may not access public records pertaining to the subject of the proceeding without the approval of the presiding administrative law judge; to provide an exception with regard to certain proceedings; 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 18 of Title 50 of the Official Code of Georgia Annotated, relating to state printing and documents, is amended by striking Article 1, currently designated as reserved, and inserting in its place a new Article 1 to read as follows:

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ARTICLE 1 50-18-1. (a) As used in this Code section, the term `state agency' means any state department, board, bureau, commission, authority, council, or committee or any other state agency or instrumentality. (b) All stationery used by any state agency for correspondence with members of the public shall have printed or typed thereon one or more telephone numbers to which responses or questions concerning such correspondence may be directed. (c) This Code section shall not apply to: (1) Stationery for the use of the office of the Governor; or (2) Stationery for the use of any officer or agency or other entity of the judicial branch of state government. (d) Subsection (b) of this Code section shall apply to all stationery ordered by state agencies after July 1, 1993. Until July 1, 1995, state agencies may continue to use stationery printed before July 1, 1993, which does not comply with subsection (b) of this Code section. Section 2. Said chapter is further amended by striking subsection (e) of Code Section 50-18-70, relating to inspection of public records, in its entirety and inserting in lieu thereof the following: (e) In a pending proceeding under Chapter 13 of this title, the `Georgia Administrative Procedure Act,' or under any other administrative proceeding authorized under Georgia law, a party may not access public records pertaining to the subject of the proceeding pursuant to this article without the prior approval of the presiding administrative law judge, who shall consider such open record request in the same manner as any other request for information put forth by a party in such a proceeding. This subsection shall not apply to any proceeding under Chapter 13 of this title, relating to

Page 1396

the revocation, suspension, annulment, withdrawal, or denial of a professional education certificate, as defined in Code Section 20-2-200, or any personnel proceeding authorized under Part 7 and Part 11 of Article 17 and Article 25 of Chapter 2 of Title 20. 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 15, 1993. STATE BOARD OF WORKERS' COMPENSATION ACCESS TO RECORDS OF FATAL CASES. Code Section 34-9-12 Amended. No. 543 (Senate Bill No. 103). AN ACT To amend Code Section 34-9-12 of the Official Code of Georgia Annotated, relating to records of the State Board of Workers' Compensation, so as to provide for access to the board's records of fatal cases by the Georgia Department of Labor and the United States Department of Labor Census of Fatal Occupational Injuries Program; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 34-9-12 of the Official Code of Georgia Annotated, relating to records of the State Board of Workers' Compensation, is amended by striking paragraph (b)

Page 1397

in its entirety and inserting in its place a new paragraph (b) to read as follows: (b) The records of the board, insofar as they refer to accidents, injuries, and settlements, shall not be open to the public but only to the parties satisfying the board of their interest in such records and their right to inspect them. The board shall provide data contained on Employers' First Report of Injury forms reporting fatalities to the Georgia Department of Labor and the United States Department of Labor for use in the Census of Fatal Occupational Injuries Program. Under such reasonable rules and regulations as the board may adopt, the records of the board as to any employee in any previous case in which such employee was a claimant shall be open to and made available to such claimant, to an employer or its insurance carrier which is called upon to pay compensation, medical expenses, or funeral expenses, and to any party at interest, except that the board may make such reasonable charge as it deems proper for furnishing information by mail and for copies of records. Section 2. This Act shall become effective upon its approval by the Governor 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 15, 1993.

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STATE DEPARTMENTS, AGENCIES, AND AUTHORITIES PURCHASE OF BUILDING MATERIALS AND FIXTURES TO TAKE LIFE CYCLE COSTS INTO ACCOUNT; LIFE CYCLE COSTS DEFINED. Code Sections 50-9-100 and 5-9-101 Enacted. No. 544 (Senate Bill No. 192). AN ACT To amend Chapter 9 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Building Authority, so as to define a certain term; to provide that such authority and all other state departments and agencies and authorities shall purchase building materials and fixtures based on life cycle costs; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 9 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Building Authority, is amended by inserting at the end thereof the following: ARTICLE 5 50-9-100. As used in this article, the term `life cycle costs' means the total costs associated with the use of building materials and fixtures, including the initial cost of acquisition and the cost of installation, operation, energy use, maintenance, and disposal of such material or fixture. 50-9-101. Any other provision of law to the contrary notwithstanding, the authority created by Article 1 of this chapter and all other state departments, agencies, and authorities shall purchase building materials and fixtures for use in the construction, reconstruction, renovation, and operation of state buildings and facilities taking into account life cycle costs in addition to acquisition cost.

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Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1993. PUBLIC OFFICERS OFFICE OF PLANNING AND BUDGET; POLICY COORDINATORS IN UNCLASSIFIED SERVICE; SALARY INCREASES; GOVERNOR'S DEVELOPMENT COUNCIL; PRIVATE SECTOR MEMBERS; ATTACHMENT TO OFFICE OF PLANNING AND BUDGET. Code Sections 45-12-72, 45-12-203, and 45-20-2 Amended. No. 545 (Senate Bill No. 29). AN ACT To amend Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Governor and the office of the Governor, so as to provide that certain positions of employment in the Office of Planning and Budget shall be in the unclassified service of the state merit system of personnel administration; to provide for the method of determination of compensation of such employees; to change the composition of the Governor's Development Council; to change the administrative attachment of said council; to amend Code Section 45-20-2, relating to defined terms relating to the state merit system of personnel administration, so as to make a conforming amendment for the foregoing; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 45-12-72 of the Official Code of Georgia Annotated, relating to establishment of the Office of

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Planning and Budget, is amended by striking subsection (c) and inserting in its place a new subsection to read as follows: (c) The administrative head of the Office of Planning and Budget is the director of the Office of Planning and Budget, who shall be appointed by the Governor to serve at the Governor's pleasure. The director shall be responsible for management of the office and shall exercise supervision and control over the office. The director of the Office of Planning and Budget is authorized to employ such other professional, technical, and clerical personnel as the director may deem necessary to carry out the duties prescribed in this part. Except as otherwise provided in this subsection, the employees of the Office of Planning and Budget shall be governed by the rules and regulations of the State Personnel Board, under Article 1 of Chapter 20 of this title. The Office of Planning and Budget shall pay its pro rata share of the administrative cost of operating the Merit System of Personnel Administration, in the manner prescribed in Article 1 of Chapter 20 of this title. All employees in the position classification policy coordinator shall be in the unclassified service of the state merit system. Any and all salary increases for such employees shall be based, in part, on each individual employee's job performance as measured by a standard operative appraisal system and, in part, on general increases given to all state employees. The Governor is authorized to delegate to the director of the Office of Planning and Budget such powers, duties, and authority under this part as the Governor deems advisable; and the Governor shall have the right to retract any such delegation at any time. Section 2. Said chapter is further amended by striking Code Section 45-12-203, relating to the composition of the Governor's Development Council, and Code Section 45-12-205, relating to administrative attachment of the council, and inserting in their respective places new Code sections to read as follows: 45-12-203. (a) Membership on the council shall be as follows: the Governor or the Governor's designee, the commissioner of community affairs, the commissioner of industry, trade, and tourism, the commissioner of natural resources, the commissioner of transportation, the director of

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the Office of Planning and Budget, the executive director of the Georgia Environmental Facilities Authority, and nine private sector members appointed by the Governor. Private sector members shall be selected in such a way that they represent the geographical and economic diversity of this state to the maximum extent feasible. All private sector members shall serve at the pleasure of the Governor. (b) The Governor shall designate the chair of the council. (c) The council shall hold meetings as often as the chair determines, but not more than 12 days each year. The chair may call special meetings upon adequate written, personal, telephone, or facsimile notice to members of the council. Nine members of the council shall constitute a quorum for conducting business. No member may act through a proxy, designee, or delegate except for the Governor as provided in subsection (a) of this Code section. The council may establish, from time to time, such additional rules and procedures as the council deems appropriate for conducting the council's business. These rules and procedures may be established in bylaws or in such other form as the council deems appropriate. 45-12-205. The council shall be attached to the Office of Planning and Budget for administrative purposes. The Department of Community Affairs and the Office of Planning and Budget shall provide technical support to the council as directed by the chair and approved by the Governor. Section 3. Code Section 45-20-2, relating to defined terms relating to the state merit system of personnel administration, is amended by striking subparagraph (a)(15)(C) and inserting in its place a new subparagraph to describe certain positions included in the unclassified service and to read as follows: (C) Officers, officials, and employees comprising the office of the Governor, except those officers, officials, and employees already covered by the state merit system by law or executive order; and all employees of the Office of Planning and Budget in the position classification policy coordinator,

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notwithstanding their previous inclusion in the classified service; 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 15, 1993. STATE GOVERNMENT OFFICE OF TREASURY AND FISCAL SERVICES CREATED AS SUCCESSOR TO FISCAL DIVISION OF DEPARTMENT OF ADMINISTRATIVE SERVICES; POWERS, DUTIES, AND ORGANIZATION; TRANSFER OF CERTAIN FUNCTIONS. Code Sections 15-2-23, 15-3-8, 15-6-31, and 50-5-2 through 50-5-9 Repealed. Code Title 50, Chapter 5A Enacted. Code Titles 2, 3, 8, 9, 10, 12, 15, 17, 19, 20, 21, 25, 31, 32, 33, 34, 36, 40, 43, 44, 45, 46, 47, 48, 49, 50, 51, and 52 Amended. No. 546 (Senate Bill No. 162). AN ACT To amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to repeal provisions relating to the Fiscal Division of the Department of Administrative Services; to create the Office of Treasury and Fiscal Services and a director of said office; to provide for said office and director to serve as successors to the Fiscal Division of the Department of Administrative Services and its director; to provide for powers, duties, and organization of the Office of Treasury and Fiscal Services; to provide for the transfer of certain functions of the fiscal division to certain other state government entities; to make conforming amendments to numerous other provisions of

Page 1403

the Official Code of Georgia Annotated; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 50 of the Official Code of Georgia Annotated, relating to state government is amended by repealing in its entirety each of the following Code sections and designating each such Code section as Reserved. The Code sections so repealed are: (1) Code Section 50-5-2, relating to creation of the Fiscal Division of the Department of Administrative Services and appointment of the director; (2) Code Section 50-5-3, relating to bonding of the director of the fiscal division; (3) Code Section 50-5-4, relating to liability of the director of the fiscal division; (4) Code Section 50-5-5, relating to recording and certification of the director's bond; (5) Code Section 50-5-6, relating to renewal of the bond under certain conditions; (6) Code Section 50-5-7, relating to execution upon occurrence of liability of the director; (7) Code Section 50-5-8, relating to duties of the fiscal division; and (8) Code Section 50-5-9, relating to payment of expenses of state government. Section 2. Said Title 50 is further amended by adding between Chapters 5 and 6 a new Chapter 5A to read as follows:

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CHAPTER 5A 50-5A-1. There is created the Office of Treasury and Fiscal Services. The director of the Office of Treasury and Fiscal Services shall be both appointed and removed by the State Depository Board and shall be in the unclassified service. The director shall hire the personnel for the office and shall supervise, direct, account for, organize, plan, and execute the functions vested in the office. Any reference in this chapter to the `director' shall mean the director of the Office of Treasury and Fiscal Services. 50-5A-2. The director shall post bond to the state in the sum of $200,000.00, with a bonding company duly licensed to do business in the state and approved by the Governor, the annual premium of the bond to be paid from funds appropriated to the Office of Treasury and Fiscal Services. The bond shall be conditioned as follows: (1) That the director faithfully discharge, execute, and perform all and singular the duties required of him or her by virtue of the office and the Constitution and laws of this state; (2) That the director faithfully account for and pay over all state moneys received by him or her from time to time by virtue of the office; and (3) That the director safely deliver to his or her successor all records, moneys, vouchers, accounts, and effects whatsoever belonging to the office. 50-5A-3. The surety may, by express stipulation in writing, limit its liability to a specific sum to be stated in the bond of the director, and all the property of the director to the full amount of the bond and the property of the securities to the amount for which they may be severally bound shall be liable for the faithful performance by the director of the duties of the office from the date of the execution of the bond. A lien is created in favor of the state upon the property of the director to the amount of the bond and upon the property of the securities upon the bond to the amount for

Page 1405

which they may be severally liable, from the date of the execution of the bond. 50-5A-4. The bond of the director, when duly executed and approved, shall be recorded in the Secretary of State's office and filed in the office of the Governor. A copy of the bond, when certified by one of the Governor's secretaries under the seal of the office of the Governor, or a certified copy taken from the records of the Secretary of State's office shall be received in evidence in any court in lieu of the original. 50-5A-5. The Governor, at all times when, in the Governor's opinion, the security or securities of the director have or are likely to become invalid or insufficient, shall demand and require the director forthwith to renew the bond to the state, in the amount and according to the form prescribed in Code Sections 50-5A-2 through 50-5A-4, and in case of neglect or refusal by any director to give bond, with security or securities, within ten days after the same is demanded and required by the Governor, such neglect or refusal shall be a disqualification under the law and shall create a vacancy in the office of the director. The State Depository Board shall forthwith appoint a fit and proper person to fill the vacancy occasioned thereby; and the appointee shall give bond and security in the same manner and upon the same terms as prescribed for the director. 50-5A-6. If the director fails to perform the duties of the office, misapplies or uses the funds of the state, or fails to account for and pay over any moneys that he or she may have received by virtue of the office, whereby the director becomes liable to the state, it shall not be necessary to bring an action on the official bond; but the Governor may issue an execution instanter against the director and the securities for the amount due the state by the director, with penalties and costs. The execution shall be directed to all and singular sheriffs of this state and shall be executed by them. The director and securities shall have only those defenses allowed tax collectors against executions issued against them by the state revenue commissioner.

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50-5A-7. It shall be the duty of the Office of Treasury and Fiscal Services: (1) To receive and keep safely all moneys which shall from time to time be paid to the treasury of this state, and to pay all warrants legally drawn on the treasury by the Governor and countersigned by the Comptroller General or, in the Comptroller General's absence, by the deputy comptroller general, and to pay all drafts of the President of the Senate and the Speaker of the House of Representatives for sums lawfully due the members and officers of their respective bodies; (2) To keep good and sufficient accounting records of every sum of money received into, or disbursed from, the state treasury, utilizing an accounting system in conformity with generally accepted accounting principles and approved by the state auditor; (3) To keep a true and faithful record of all warrants drawn by the Governor on the treasury and all drafts drawn on the treasury by the President of the Senate and the Speaker of the House of Representatives; (4) To keep a true and faithful record of the accounts with all designated state depositories in which the state's money is deposited, showing the principal amount and the interest earned in each depository; and (5) To keep safely certificates of stock, securities, state bonds, and other evidences of debt and to manage and control the same for the purposes to which they are pledged. 50-5A-8. The costs and expenses of the maintenance and support of every department, commission, bureau, and other branch or agency of the state government shall be paid out of funds in the state treasury by warrant of the Governor drawn on appropriations duly made by the General Assembly.

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50-5A-9. The Office of Treasury and Fiscal Services shall be assigned for administrative purposes only to the Department of Administrative Services, as provided in Code Section 50-4-3. 50-5A-10. The Office of Treasury and Fiscal Services and its director shall be in all respects the successor agency to, and shall assume all the powers and duties of, the former Fiscal Division of the Department of Administrative Services and its director. Without limiting the generality of the foregoing, the director of the Office of Treasury and Fiscal Services shall serve as a member of the Georgia State Financing and Investment Commission; and for that purpose the director of the Office of Treasury and Fiscal Services shall also be designated as the director of the Fiscal Division of the Department of Administrative Services. Section 3. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking Code Section 15-2-3, relating to oath and compensation of Justices of the Supreme Court, and inserting in its place a new Code section to read as follows: 15-2-3. (a) Before entering on the discharge of their duties, the Justices shall take the oath prescribed for judges of the superior courts, along with all other oaths required for civil officers. (b) The annual salary of each Justice of the Supreme Court shall be as specified in Code Section 45-7-4. The Justices shall also receive expenses and allowances as provided in Code Section 45-7-20. Such salary shall be paid in equal monthly installments. (c) The salary provided for in subsection (a) of this Code section shall be the total compensation to be paid by the state to the officials named in subsection (a) of this Code section and shall be in lieu of any and all other amounts to be paid from state funds.

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Section 4. Said Title 15 is further amended by repealing in its entirety Code Section 15-2-23, relating to the sheriff of the Supreme Court, and inserting in its place the following: 15-2-23. Reserved. Section 5. Said Title 15 is further amended by striking Code Section 15-2-43, relating to duties of the clerk of the Supreme Court, and inserting in its place a new Code section to read as follows: 15-2-43. The clerk of the Supreme Court shall have the following duties: (1) To keep an office at the seat of government where all books, records, archives, and the seal of the court shall remain; (2) To attend all sessions of the court and obey all its lawful orders; (3) To keep fair and regular minutes of the court's proceedings, a record of its judicial acts, a docket of its cases, and such other books as the court may require; (4) To certify, when required, upon payment of the lawful fees, all minutes, records, or files of the court; (5) To arrange the cases on the docket and to give notice in one of the newspapers printed at the place where the court is to be held, 20 days prior to its session, of the order of arrangement; (6) To make out a remittitur of every case, together with a certificate of the amount of the costs and by whom paid, which remittitur shall consist of a copy of the judgment of the court as entered on the minutes, and nothing more, and to transmit the remittitur as provided by the rules of the Supreme Court; (7) To issue and sign all writs and processes of every description issued under the authority of the court;

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(8) To administer oaths and affidavits in all cases, to take acknowledgments, and to attest deeds, mortgages, and other written instruments of like character; (9) To collect all costs due on cases in the Supreme Court and to pay over to the Office of Treasury and Fiscal Services all money arising from costs collected; (10) On or before the fifth day of each and every month, to submit in writing to the Office of Treasury and Fiscal Services, with a copy to the state auditor, a full and fair statement of each case in which costs have been collected during the month preceding the report, showing the amount collected and the amount not collected. If any balance due by the clerk has not been collected, aside from costs due in indigency cases, or has been collected but not paid over, then the clerk shall be liable to be ruled by the Office of Treasury and Fiscal Services in the Supreme Court, in term time, on the same terms as other officers are ruled; and (11) To discharge whatever other duties may be required by law or the court or which necessarily appertain to the office. Section 6. Said Title 15 is further amended by striking Code Section 15-2-45, relating to compensation of the clerk of the Supreme Court, and inserting in its place a new Code section to read as follows: 15-2-45. (a) The clerk of the Supreme Court shall receive as salary for services a sum as set by the Justices of the Supreme Court, payable in equal monthly installments from the appropriations for the operation of the Supreme Court. (b) All fees coming to the clerk of the Supreme Court shall be the property of the state and the same shall be paid into the state treasury. Section 7. Said Title 15 is further amended by striking Code Section 15-3-5, relating to the Judges of the Court of Appeals,

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and inserting in its place a new Code section to read as follows: 15-3-5. (a) Before entering on the discharge of their duties, the Judges shall take the oath prescribed for judges of the superior courts, along with all other oaths required for civil officers. (b) The annual salary of each Judge of the Court of Appeals shall be as specified in Code Section 45-7-4. The Judges shall also receive expenses and allowances as provided in Code Section 45-7-20. Such salary shall be paid in equal monthly installments. (c) The salary provided for in subsection (b) of this Code section shall be the total compensation to be paid by the state to the officials named in subsection (b) of this Code section and shall be in lieu of any and all other amounts to be paid from state funds. Section 8. Said Title 15 is further amended by repealing in its entirety Code Section 15-3-8, relating to the sheriff of the Court of Appeals, and inserting in its place the following: 15-3-8. Reserved. Section 9. Said Title 15 is further amended by striking Code Section 15-4-5, relating to reporters and assistant reporters of the Supreme Court and Court of Appeals, and inserting in its place a new Code section to read as follows: 15-4-5. The salaries of the reporter and the assistant reporter of the Supreme Court and Court of Appeals shall be payable in equal monthly installments, one-half from the appropriations for the operation of the Supreme Court and one-half from the appropriations for the operation of the Court of Appeals. Section 9.1. Said Title 15 is further amended by striking Code Section 15-6-29, relating to salary of judges, and inserting in its place a new Code section to read as follows:

Page 1411

15-6-29. (a) The annual salary of the judges of the superior courts shall be as provided in Code Section 45-7-4. The salary shall be paid by the Department of Administrative Services in 12 equal monthly installments. (b) The salary so fixed shall be the total compensation to be paid by the state to the superior court judges and shall be in lieu of any and all other amounts to be paid from the Department of Administrative Services, except as provided in Code Sections 15-6-30 and 15-6-32. Section 9.2. Said Title 15 is further amended by repealing in its entirety Code Section 15-6-31, relating to contingent expenses of superior court judges, and inserting in its place the following: 15-6-31. Reserved. Section 10. Said Title 15 is further amended by striking Code Section 15-14-6, relating to expense allowances for superior court reporters, and inserting in its place a new Code section to read as follows: 15-14-6. (a) The Department of Administrative Services is authorized and directed to pay from the state treasury the sums specified in subsection (b) of this Code section as contingent expense and travel allowance to each duly appointed reporter for the superior courts in all judicial circuits of this state, such sum being in addition to the compensation of the superior court reporters provided by law. (b) The amounts payable per month under this Code section to superior court reporters as contingent expense and travel allowance shall be as follows: (1) For reporters of judicial circuits consisting of only one county $ 80.00 (2) For reporters of judicial circuits consisting of two counties 140.00 (3) For reporters of judicial circuits consisting of three counties 200.00 (4) For reporters of judicial circuits consisting of four counties 260.00 (5) For reporters of judicial circuits consisting of five counties 320.00 (6) For reporters of judicial circuits consisting of six or more counties 380.00

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Any person who is a duly appointed reporter for the superior courts in more than one judicial circuit shall receive only one contingent expense and travel allowance, in the amount provided for the circuit consisting of the largest number of counties in which he or she is so appointed. (c) The contingent expense and travel allowance provided by this Code section shall be paid from the appropriations made by the General Assembly for the cost of operating the superior courts. The duly appointed reporters are declared to be officers of the superior courts. (d) Annually during the month of January the judge or chief judge of each judicial circuit shall certify to the Department of Administrative Services the names and addresses of all persons duly appointed as reporters for the superior courts in the judicial circuit and shall thereafter notify the department of the removal of such persons from office or the appointment of additional persons as superior court reporters, together with the effective date of such removal or appointment. (e) All laws enacted before April 5, 1961, applicable to any circuit or counties of this state and governing the compensation of court reporters therein shall remain in full force and effect. Section 11. Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended by striking Code Section 47-2-260, relating to membership in the Employees' Retirement System of Georgia by superior court judges and district attorneys, and inserting in its place a new Code section to read as follows:

Page 1413

47-2-260. (a) The provisions of this or any other law to the contrary notwithstanding, on and after April 1, 1969, any person appointed or elected as a judge of the superior court or as a district attorney who at the time of such appointment or election is a member of the Employees' Retirement System of Georgia shall be entitled to elect to continue as a member of the retirement system while holding office as a judge of the superior court or district attorney. All rights, credits, and funds in the retirement system which are possessed by any such member at the time of the member's appointment or election shall be continued in force and the member shall be entitled to all rights and benefits under the retirement system to which the member was entitled at the time of the member's appointment or election and to all rights subsequently acquired. (b) Within 30 days after appointment or election as a judge of the superior court or as a district attorney, any such person who elects to continue as a member of the retirement system shall notify the director of the Employees' Retirement System of Georgia and the Department of Administrative Services of that decision. Upon making such election and giving the required notice, a member who is subject to the provisions of this Code section shall not be required to become a member of or make contributions to the Superior Court Judges Retirement System provided for in Chapter 9 of this title or to the District Attorneys' Retirement System provided for in Chapter 13 of this title. (c) Employee contributions, including contributions for retirement allowances, survivors benefits under Code Section 47-2-128, and social security coverage, of members referred to in this Code section shall be deducted by the Department of Administrative Services from the compensation paid by the state to such members and remitted to the retirement system. (d) The Department of Administrative Services is authorized and directed to pay from the funds appropriated or otherwise made available for the operation of the judicial branch of government of this state the required employer contributions, including contributions for retirement allowances,

Page 1414

survivors benefits under Code Section 47-2-128, and social security coverage, and to remit those contributions to the retirement system. Section 12. Said Title 47 is further amended by striking Code Section 47-8-2, relating to creation of the Superior Court Judges Retirement Fund of Georgia, and inserting in its place a new Code section to read as follows: 47-8-2. There is created the Superior Court Judges Retirement Fund of Georgia. The trustees of the fund shall be the Governor, the director of the Office of Treasury and Fiscal Services, and an appointee of the Governor who is not the Attorney General. All payments to this fund shall be made to the board of trustees. Section 13. Said Title 47 is further amended by striking subsection (g) of Code Section 47-10-40, relating to membership in the Trial Judges and Solicitors Retirement Fund, and inserting in its place a new subsection to read as follows: (g) The provisions of this or any other law to the contrary notwithstanding, any member of the fund who, without any break in service, becomes a superior court judge shall have the right to remain a member of the fund while holding office as a superior court judge. The right granted by this subsection must be exercised by a member within 30 days after becoming a superior court judge and shall be exercised by sending written notification to the board of trustees of the fund and to the Board of Trustees of the Superior Court Judges Retirement System provided for in Chapter 9 of this title. The basis for employee contributions to the fund for a superior court judge who remains a member of the fund as authorized in this subsection shall be the state salary paid to such superior court judge. The employer contributions for any such member shall be determined by the board of trustees and shall be an amount sufficient, together with employee contributions and earnings of the fund, to fund the service and disability retirement benefits of such member under this chapter.

Page 1415

Section 14. Said Title 47 is further amended by striking Code Section 47-10-62, relating to contributions to the Trial Judges and Solicitors Retirement Fund, and inserting in its place a new Code Section to read as follows: 47-10-62. (a) The employee contributions with respect to judges and solicitors of inferior courts who are compensated by salaries paid by the governmental units which pay the costs of the operation of such courts shall be 7 percent of the amount of such salaries. A person to be designated by the governing authority of each such governmental unit shall report the amount of such salaries to the board by not later than the fifteenth day of each calendar month. The governing authorities of such governmental units are authorized and directed to deduct such employee contributions from the salaries of such judges and solicitors and to pay the contributions into the Trial Judges and Solicitors Retirement Fund. Such contributions shall be forwarded to the board at the same time the report of the salaries of such judges and solicitors is forwarded. The deduction from the salaries payable to such judges and solicitors of inferior courts shall be made, notwithstanding that such salaries fixed by law for such judges and solicitors are reduced thereby. Such judges and solicitors shall be deemed to consent and agree to the deductions made; and payment of such salaries, less such deductions, shall be a full and complete discharge of all claims and demands whatsoever for the services rendered by such judges and solicitors during the period covered by such payment. (b) From funds appropriated or otherwise available for the operation of superior courts, the Department of Administrative Services is authorized and directed to pay into the Trial Judges and Solicitors Retirement Fund monthly employer contributions, including contributions to fund any creditable service authorized by this chapter. Such amounts are to be determined by the board and, together with employee contributions and the earnings of the fund, shall be an amount sufficient to fund the service and disability retirement benefits under this chapter.

Page 1416

Section 15. Said Title 47 is further amended by striking Code Section 47-12-21, relating to creation of the District Attorneys Retirement Fund of Georgia, and inserting in its place a new Code section to read as follows: 47-12-21. (a) There is created the District Attorneys Retirement Fund of Georgia. (b) The board of trustees of the fund shall be the Governor, the director of the Office of Treasury and Fiscal Services, and an appointee of the Governor who is not the Attorney General. All payments to this fund shall be made to the board of trustees. Section 15.1. Said Title 47 is further amended by striking subsection (c) of Code Section 47-12-41, relating to payments into the District Attorneys Retirement Fund of Georgia, and inserting in its place a new subsection to read as follows: (c) Any district attorney who was not in office on February 17, 1949, and who had previously served as a district attorney in this state may qualify and be eligible to participate in the benefits provided by this chapter by paying 5 percent of the existing salary or annual fees of such district attorney, plus interest at 5 percent per annum from February 17, 1949, to the date of payment to the fund, as though he or she had been in office since that date. Such payment shall be made into the fund within six months after reentering upon the duties of district attorney. Such person shall continue to pay into the fund the amount of 5 percent of his or her salary or fees for each year thereafter until he or she is in at least his or her nineteenth year of service, including service prior to and subsequent to February 17, 1949. Section 16. Code Section 48-1-2 of the Official Code of Georgia Annotated, relating to definitions of terms applicable to state revenue and taxation laws, is amended by striking paragraph (10) and inserting in its place a new paragraph to read as follows: (10) Reserved.

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Section 17. Code Section 50-17-63 of the Official Code of Georgia Annotated, relating to deposit and investment of state funds, is amended by striking subsection (b) and inserting in its place a new subsection to read as follows: (b) All departments, boards, bureaus, and other agencies of the state shall report to the board, on such forms and at such times as the board may prescribe, such information as the board may reasonably require concerning deposits and withdrawals pursuant to this Code section and shall enable the board to determine compliance with this Code section. Interest earned on state funds withdrawn from the state treasury on approved budgets shall be remitted to the Office of Treasury and Fiscal Services by each department, board, bureau, or agency and placed in the general fund. The board may permit the director to invest in bonds, bills, certificates of indebtedness, notes, or other obligations of the United States and its subsidiary corporations and instrumentalities, which obligations can be deposited by a state depository in accordance with this law in lieu of a security bond; provided, however, that interest earned on the investment of motor fuel tax revenues shall be defined as motor fuel tax revenues and shall be appropriated in conformity with and pursuant to Article III, Section IX, Paragraph VI(b) of the Constitution of Georgia. Section 18. Each of following Code sections or parts of Code sections is amended by striking the term Fiscal Division of the Department of Administrative Services, Fiscal Division, or fiscal division and inserting in its place the term Office of Treasury and Fiscal Services: (1) Code Section 2-14-40, relating to license required for sale of bees. (2) Code Section 3-2-10, relating to disposition of taxes, penalties, interest, and fees relative to alcoholic beverages. (3) Code Section 8-3-303, relating to amounts credited to the State Housing Trust Fund for the Homeless.

Page 1418

(4) Code Section 8-3-304, relating to investments of the State Housing Trust Fund for the Homeless. (5) Code Section 8-3-305, relating to payments from the State Housing Trust Fund for the Homeless. (6) Code Section 8-3-309, relating to acceptance of federal funds for the State Housing Trust Fund for the Homeless. (7) Reserved. (8) Code Section 10-1-594, relating to licenses for buying services or clubs. (9) Code Section 10-10-3, relating to expenditures from the Seed Capital Fund. (10) Code Section 12-3-241, relating to lease of Jekyll Island to Jekyll IslandState Park Authority. (11) Code Section 12-4-101, relating to annual phosphate mining and license fees. (12) Code Section 12-5-482, relating to failure of local government to collect and remit amounts due for water supply projects. (13) Code Section 17-12-61, relating to appointment of attorneys for defense of indigents upon appeal. (14) Code Section 19-14-7, relating to authority of Department of Human Resources to accept federal funds for child abuse prevention programs. (15) Code Section 19-14-21, relating to source of funds for the State Children's Trust Fund. (16) Code Section 19-14-22, relating to investments of the State Children's Trust Fund.

Page 1419

(17) Code Section 19-14-23, relating to disbursements from the State Children's Trust Fund. (18) Code Section 20-2-564, relating to bonds of the Georgia Education Authority (Schools). (19) Code Section 20-2-891, relating to a health insurance fund for public school teachers. (20) Code Section 20-2-919, relating to investment of public school employees health insurance plan funds. (21) Code Section 20-3-55, relating to payment of appropriations to board of regents. (22) Code Section 20-3-63, relating to bonds of the board of regents. (23) Code Section 20-3-250.27, relating to the Tuition Guaranty Trust Fund. (24) Code Section 20-4-3, relating to federal aid funds for vocational education. (25) Code Section 21-2-13, relating to compensation of presidential electors. (26) Code Section 21-5-30, relating to contributions made to candidate or campaign committee or for recall of a public officer. (27) Code Section 25-11-9, relating to fees and grants under the Georgia Fire Sprinkler Act. (28) Code Section 31-7-23, relating to powers of the Georgia Building Authority (Hospital). (29) Code Section 31-8-35, relating to payments from the Nonresident Indigent Health Care Fund to hospitals. (30) Code Section 31-8-152, relating to creation of the Indigent Care Trust Fund.

Page 1420

(31) Code Section 31-8-157, relating to the Indigent Care Trust Fund. (32) Code Section 32-2-2, relating to powers and duties of the Department of Transportation. (33) Code Section 32-5-1, relating to receipt of federal funds for public roads. (34) Code Section 32-5-2, relating to appropriation of federal funds to the Department of Transportation. (35) Code Section 33-2-29, relating to disposition of amounts collected by the Commissioner of Insurance. (36) Code Section 33-5-32, relating to penalty for failure of surplus line broker to file quarterly affidavit or remit tax. (37) Code Section 33-21-17, relating to examinations of insurance organizations and providers. (38) Code Section 33-33-5, relating to establishment of the Riot Reinsurance Reimbursement Fund. (39) Code Section 33-35-15, relating to requirements for sponsors of prepaid legal services plans. (40) Code Section 34-8-177, relating to procedure for collecting delinquent Unemployment Compensation Fund contributions from public employers. (41) Code Section 34-9-129, relating to bonds of insurance companies doing workers' compensation business. (42) Code Section 34-9-352, relating to the Subsequent Injury Trust Fund. (43) Code Section 36-17-2, relating to computation of state grants to counties.

Page 1421

(44) Code Section 36-17-3, relating to disbursement and expenditure of state grants to counties. (45) Code Section 36-40-22, relating to a municipal corporation's eligibility for a state grant. (46) Code Section 36-40-24, relating to allocation of state grants to municipalities. (47) Code Section 36-40-42, relating to a municipal corporation's eligibility for a capital outlay grant from the state. (48) Code Section 36-40-44, relating to allocation of capital outlay grants. (49) Code Section 36-40-45, relating to payment and use of capital outlay grants. (50) Code Section 36-40-46, relating to procedures relative to audits concerning capital outlay grants. (51) Code Section 36-80-15, relating to allocation and expenditure of proceeds from timber sales from military installations and facilities. (52) Code Section 36-83-7, relating to state technical assistance as to local government investments. (53) Code Section 36-83-8, relating to the local government investment pool. (54) Code Section 40-2-131, relating to disposition of motor vehicle licensing and registration fees. (55) Code Section 40-9-39, relating to deposit of security as proof of a driver's financial responsibility. (56) Code Section 43-1-3, relating to the joint-secretary of the state examining boards.

Page 1422

(57) Code Section 43-13-9, relating to disposition of funds received under The Driver Training School License Act. (58) Code Section 44-2-191, relating to the Land Registration Assurance Fund. (59) Code Section 44-2-192, relating to investment of the Land Registration Assurance Fund. (60) Code Section 44-2-193, relating to limitation of actions against the Land Registration Assurance Fund. (61) Code Section 44-2-194, relating to parties defendant in actions against the Land Registration Assurance Fund. (62) Code Section 44-2-195, relating to judgments in action against the Land Registration Assurance Fund. (63) Code Section 45-8-1, relating to definitions relative to accounting for public funds. (64) Code Section 45-12-72, relating to establishment of the Office of Planning and Budget. (65) Code Section 45-12-78, relating to submission of budget estimates to and review by the Office of Planning and Budget. (66) Code Section 45-12-82, relating to requirement that quarterly work programs be filed and that funds not be allotted until programs approved. (67) Code Section 45-12-86, relating to monthly prorating of funds by Governor. (68) Code Section 45-14-20, relating to Office of Comptroller General. (69) Code Section 45-14-23, relating to annual report of Comptroller General to Governor.

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(70) Code Section 45-18-13, relating to investment of available funds from health insurance fund. (71) Code Section 46-8-123, relating to construction of extensions and branch railroads. (72) Code Section 47-1-5, relating to duty of governing authorities to make and file actuarial investigations and financial reports relative to retirement systems. (73) Code Section 47-2-21, relating to the Board of Trustees of the Employees' Retirement System of Georgia. (74) Reserved. (75) Code Section 47-3-21, relating to the Board of Trustees of the Teachers Retirement System of Georgia. (75.1) Code Section 47-3-66, relating to membership of teachers who are employed by independent school systems in the Teachers Retirement System of Georgia. (75.2) Code Section 47-3-67, relating to membership of teachers who are employed by certain county school systems in the Teachers Retirement System of Georgia. (75.3) Code Section 47-4-60, relating to contributions to the Public School Employees Retirement System. (76) Code Section 47-9-20, relating to the Superior Court Judges Retirement System. (77) Code Section 47-10-63, relating to designation of a person responsible for submitting reports and forwarding contributions to the Trial Judges and Solicitors Retirement Fund. (78) Code Section 47-13-20, relating to the District Attorneys' Retirement System.

Page 1424

(79) Code Section 47-16-21, relating to the Board of Commissioners of the Sheriffs' Retirement Fund of Georgia. (80) Code Section 47-18-41, relating to plans for oldage, survivors, and disability insurance coverage submitted by political subdivisions of the state. (81) Code Section 47-19-1, relating to the State Employees' Assurance Department. (82) Code Section 47-20-21, relating to triennial actuarial investigations of local retirement systems. (83) Code Section 48-2-17, relating to payment of taxes, penalties, and interest. (84) Code Section 48-2-82, relating to seizure and disposition of contraband articles. (85) Code Section 48-5-131, relating to retention of copy of insolvent list by county governing authority and collection of executions. (86) Code Section 48-5-304, relating to approval of tax digests when assessments under appeal. (87) Code Section 48-5-330, relating to financial aid to counties for programs to evaluate and equalize assessments. (88) Code Section 48-5-346, relating to effect of conditionally approving next subsequent tax digest. (89) Code Section 48-7-112, relating to employee tax refunds and credits. (90) Code Section 48-9-10, relating to refunds of motor fuel taxes, in general. (91) Code Section 48-9-36, relating to refunds of motor fuel taxes to motor carriers.

Page 1425

(92) Code Section 48-11-9, relating to seizure as contraband of unstamped cigars and cigarettes or nontaxpaid cigars. (93) Code Section 48-11-15, relating to procedure for refund of taxes on cigars under certain circumstances. (94) Code Section 48-11-16, relating to purchase of tax stamps on account by licensed distributors of cigars and cigarettes. (95) Code Section 48-13-31, relating to registration of nonresident contractors. (96) Code Section 48-14-3, relating to distribution of funds appropriated to counties for public road construction and maintenance. (97) Code Section 49-9-6, relating to receipt and disbursement of federal and state vocational rehabilitation funds. (98) Code Section 49-9-15, relating to retention of title to tools, equipment, or other items of value by Division of Rehabilitation Services. (99) Code Section 50-5-16, relating to liability insurance and self-insurance for state authorities. (100) Code Section 50-7-41, relating to lease of property to Geo. L. Smith II Georgia World Congress Center Authority. (101) Code Section 50-8-8, relating to grants and other disbursements of funds by the Department of Community Affairs. (102) Code Section 50-16-32, relating to the State Properties Commission.

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(103) Code Section 50-17-21, relating to definitions relative to the Georgia State Financing and Investment Commission. (104) Code Section 50-17-23, relating to general obligation and guaranteed revenue debts, sinking and common reserve funds, appropriations, investments, and taxation to pay debt service requirements. (105) Code Section 50-17-50, relating to the State Depository Board. (106) Code Section 50-17-62, relating to funds held by state depositories. (107) Code Section 50-23-20, relating to withholding state funds from local governments failing to collect and remit amounts when due. (108) Code Section 50-27-13, relating to management of the state lottery. (109) Code Section 51-12-5.1, relating to punitive damages in tort actions. (110) Code Section 52-2-9, relating to the Georgia Ports Authority. (111) Code Section 52-2-14, relating to conveyance of Medical Depot site to the Georgia Ports Authority and matters relative thereto. Section 19. Each of the following Code sections or parts of Code sections is amended by striking the term Fiscal Division of the Department of Administrative Services, Fiscal Division, or fiscal division and inserting in its place the term Department of Administrative Services: (1) Subsections (c) and (f) of Code Section 9-14-53, relating to habeas corpus clerk for certain judicial circuits.

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(2) Code Section 15-6-27, relating to alternative procedure for hiring secretary for superior court judge. (3) Code Section 15-6-28, relating to law clerks and court administrators for judicial circuits. (4) Code Section 15-6-28.1, relating to employment of law clerks by chief judges of circuits having institutions for carrying out death sentences. (5) Reserved. (6) Code Section 15-6-30, relating to travel expenses of superior court judges. (7) Reserved. (8) Code Section 15-18-12, relating to travel expenses for district attorneys. (9) Code Section 15-18-14, relating to assistant district attorneys. (10) Code Section 15-18-18, relating to alternate hiring procedure for secretaries for district attorneys. (11) Code Section 19-11-58, relating to Department of Human Resources designation as state information agency under the Uniform Reciprocal Enforcement of Support Act. (12) Code Section 19-11-59, relating to payment of district attorney's fee under the Uniform Reciprocal Enforcement of Support Act. (13) Code Section 45-9-84.1, relating to creation of the Georgia State Indemnification Fund. (14) Code Section 45-9-84.2, relating to funding for the Georgia State Indemnification Fund.

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(15) Code Section 45-9-84.3, relating to payments from the Georgia State Indemnification Fund. (16) Code Section 45-9-85, relating to indemnification for death or disability of certain employees. (17) Reserved. (18) Code Section 47-2-262, relating to membership in the Employees' Retirement System of Georgia of assistant district attorneys and employees of the Prosecuting Attorneys' Council. (19) Code Section 47-2-266, relating to membership in the Employees' Retirement System of Georgia of judicial employees. (20) Code Section 47-2-290, relating to membership in the Employees' Retirement System of Georgia of judges, solicitors, and other employees of state courts. (21) Code Section 47-8-67, relating to certain elections under the Superior Court Judges Retirement Fund of Georgia. (22) Code Section 47-9-26, relating to administrative expenses of the Superior Court Judges Retirement System Fund. (23) Code Section 47-9-74, relating to spouses benefits coverage for members of the Superior Court Judges Retirement Fund who are ineligible for spouses benefits coverage under that retirement fund. (24) Code Section 47-10-27, relating to administrative expenses of the Trial Judges and Solicitors Retirement Fund. (25) Code Section 47-12-43, relating to manner of payments to the District Attorneys Retirement Fund of Georgia.

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(26) Code Section 47-12-44, relating to transfer of membership and contributions from District Attorneys Retirement Fund of Georgia to the Employees' Retirement System of Georgia. (27) Code Section 47-18-40, relating to agreement between the state and federal government to provide social security coverage to employees of the state and its political subdivisions. (28) Code Section 47-18-43, relating to referendum on the question of social security coverage of district attorneys. (29) Code Section 47-18-44, relating to referendum on the question of social security coverage of superior court judges. Section 20. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1993. CONSERVATION AND NATURAL RESOURCES POLLUTION PREVENTION ASSISTANCE DIVISION; DEPARTMENT OF NATURAL RESOURCES. Code Title 12, Chapter 8, Article 8 Enacted. No. 547 (Senate Bill No. 200). AN ACT To amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, so as to define certain terms; to establish the Pollution Prevention Assistance Division of the Department of Natural Resources; to provide that participation in any assistance programs of the division shall be voluntary; to provide for the appointment of a

Page 1430

director of the division; to provide for the responsibility of the division and the authority of the director; to provide for a pollution prevention assistance plan; to provide for the confidentiality of certain information; to provide for certain reports; to provide for the transfer of the personnel and facilities of the Georgia Hazardous Waste Management Authority to the division; to provide for matters relative to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, is amended by inserting at the end thereof the following: ARTICLE 8 12-8-180. As used in this article, the term: (1) `Board' means the Board of Natural Resources. (2) `Commissioner' means the commissioner of natural resources. (3) `Division' means the Pollution Prevention Assistance Division of the Department of Natural Resources. (4) `Division director' means the director of the division. (5) `Environmental Protection Division' means the Environmental Protection Division of the Department of Natural Resources. 12-8-181. (a) There is established within the Department of Natural Resources the Pollution Prevention Assistance Division. The commissioner shall appoint a division director, subject to the approval of the board, who shall serve at the pleasure of the commissioner.

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(b) Any other provision of this article to the contrary notwithstanding, participation by private business and industries in the assistance activities of the division shall be voluntary. 12-8-182. (a) The division shall have responsibility for the administration of this article. (b) The division director shall assist the commissioner in instituting activities to fulfill the purposes of this article. (c) The board shall have the authority to promulgate and adopt rules and regulations to carry out the purposes of this article. (d) The Georgia Hazardous Waste Management Authority and the Environmental Protection Division may advise the director in furthering development of the division and facilitating an orderly transition of existing programs in source reduction, pollution prevention, and environmental waste reduction to the division. 12-8-183. (a) Not later than October 1, 1994, the division shall complete a pollution prevention assistance plan to achieve voluntary participation by business and industries within the state in programs and activities designed to prevent the pollution of the environment by the products and by-products of such business and industries. The plan shall establish the objectives of the division and address such matters as the division deems appropriate. (b) The division shall publish the plan developed pursuant to subsection (a) of this Code section for public comment and shall send a copy of the plan to the board, the Governor, the Speaker of the House of Representatives, and the President of the Senate for comment. The division shall seek and encourage public comment on the plan and shall document and consider such comments. (c) The division shall present a final plan to the commissioner within 60 days after publication for public comment. If the commissioner approves, the division shall implement

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the plan. The plan may be amended from time to time as required or appropriate, after public notice and comment. 12-8-184. The division shall not disclose to the public any information designated by law as confidential or proprietary provided by any business or industry in the course of developing and implementing pollution prevention and environmental waste reduction assessments and activities. Pollution prevention and environmental waste reduction reports and plans developed by or for any business or industry shall be the property of such business or industry, except as otherwise agreed to and except for such reports as otherwise required by law to be the property of the division. 12-8-185. The division shall advise the director of the Environmental Protection Division on rules and regulations of the Environmental Protection Division governing toxic substance production, use, transport, distribution, and release into the workplace or the environment. 12-8-186. On or before November 15, 1994, and biennially thereafter, the division shall prepare and present to the board, the Governor, the Speaker of the House of Representatives, and the President of the Senate a report of the division's operations and activities pursuant to this article and an assessment of the future hazardous waste disposal capacity needs of the state. The report shall review progress toward pollution prevention and environmental waste reduction goals, provide an evaluation of progress by businesses and industries in this state, and make any appropriate recommendations for legislative action. The report shall include a proposed work plan for the following biennium whichwill provide, to the extent possible, an evaluation of projects and strategies for bringing about voluntary pollution prevention and waste reduction, alternatives to toxic use, objectives, financing, and institutional innovations. The report may also include amendments to the plan required under Code Section 12-8-183. 12-8-187. The division may, at the direction of the commissioner, prepare the biennial report of hazardous waste generators required under Section 104(k) of the Superfund

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Amendments and Reauthorization Act of 1986 and prepare the capacity assurance plan required under 40 C.F.R. 262.41. 12-8-188. The division shall no less than biennially use the facility needs assessment model developed by the Georgia Hazardous Waste Management Authority to assess capacity, demand, generation, and other factors which may affect the determination of the need for a hazardous waste management facility in Georgia to be built with state support and involvement and shall include in the biennial report required by Code Section 12-8-186 a needs assessment report relative to the need for such a facility and the continued need for the assessment required by this Code section. 12-8-189. (a) On October 1, 1993, the staff and the physical and financial assets, property, records, and programs of the Georgia Hazardous Waste Management Authority shall be transferred to the division for administration and use by the division. Any funding subsequent to October 1, 1993, designated for or to such authority shall be directed to the division for administration and use by the division. Upon approval of the commissioner, the staff of the division may serve as staff to such authority for such periods of time as is determined by the commissioner to be necessary. (b) State programs of waste reduction, pollution prevention, and reporting implemented by other agencies, authorities, or divisions may be transferred, along with any financial and physical assets and records which are used in support of said programs, to the division for administration and use by the division. Section 2. This Act shall become effective on October 1, 1993. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1993.

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GEORGIA CONTROLLED SUBSTANCES ACT NOTICE OF SEIZURE OF PROPERTY. Code Section 16-13-49 Amended. No. 548 (House Bill No. 712). AN ACT To amend Code Section 16-13-49 of the Official Code of Georgia Annotated, relating to forfeitures under Article 2 of Chapter 13 of Title 16, known as the Georgia Controlled Substances Act, so as to change the provisions relating to notices of the seizure of property having an estimated value of $25,000.00 or less; to provide that such notices shall include statements relating to time limits within which a claim must be filled; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 16-13-49 of the Official Code of Georgia Annotated, relating to forfeitures under Article 2 of Chapter 13 of Title 16, known as the Georgia Controlled Substances Act, is amended by striking subsection (n) and inserting in lieu thereof a new subsection (n) to read as follows: (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, a statement that the owner of such property has 30 days within which a claim must be filed, and the violation of law alleged;

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(2) A copy of the notice, which shall include a statement that the owner of such property has 30 days within which a claim must be filed, 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; (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;

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(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. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1993. PUBLIC RECORDS INSPECTION; EXEMPTION FOR COMMERCIAL PURPOSES REPEALED. Code Section 50-18-70 Amended. No. 549 (House Bill No. 246). AN ACT To amend Code Section 50-18-70 of the Official Code of Georgia Annotated, relating to inspection of public records, so as to provide that no public officer or agency shall be required to prepare reports, summaries, or compilations not in existence at the time of the request; to repeal subsection (g) 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 50-18-70 of the Official Code of Georgia Annotated, relating to inspection of public records, is

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amended by striking in its entirety subsection (d) of Code Section 50-18-70, which reads as follows: (d) No public officer or agency shall be required to provide access to public records which are to be used for commercial purposes. The requesting party shall sign a statement agreeing not to use information gathered pursuant to said request for commercial purposes. Commercial purposes shall not include news-gathering requests for information or legitimate research for educational, scientific, or public purposes. No public officer or agency shall be required to prepare reports, summaries, or compilations not in existence at the time of the request; provided, however, that parts of records subject to public disclosure should be made available as provided in subsection (g) of Code Section 50-18-72., and inserting in its place the following: (d) No public officer or agency shall be required to prepare reports, summaries, or compilations not in existence at the time of the request. Section 2. Said Code section is further amended by striking subsection (g), which reads as follows: (g) No public officer or agency shall be required to provide access to public records which are to be used for commercial solicitation. No public officer or agency shall be required to prepare reports, summaries, or compilations not in existence at the time of the request; provided, however, that parts of records subject to public disclosure should be made available as provided in subsection (g) of Code Section 50-18-72., in its entirety. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1993. EDUCATION COUNCIL FOR SCHOOL PERFORMANCE; MEMBERSHIP; DUTIES, POWERS, AND COMPENSATION. Code Section 20-2-284 Enacted. No. 550 (Senate Bill No. 73). AN ACT To amend Part 12 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the effectiveness of educational programs, so as to provide for findings; to provide for a definition; to provide for a Council for School Performance and its membership, organization, compensation and expenses, and powers and duties; to provide for duties of the Department of Education; to provide for reports; 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 the effectiveness of educational programs, is amended by adding at the end a new Code section to read as follows: 20-2-284. (a) The General Assembly finds that a Council for School Performance would enhance the public's access to information concerning the performance of public schools and public school systems. Such information shall measure outcomes of the state's investment in each public school and each public school system. Such information shall also specifically describe how each public school and each

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public school system has utilized moneys derived from the Georgia Lottery for Education. (b) As used in this Code section, the term `council' means the Council for School Performance established in subsection (c) of this Code section. (c) There is created and established a Council for School Performance composed of seven members. Six of the members shall be public members, four of whom shall be appointed by the Governor. One public member shall be appointed by the Speaker of the House of Representatives and one public member shall be appointed by the President of the Senate, neither of which members shall be a member of the General Assembly. The public members shall serve at the pleasure of the appointing authority. The State School Superintendent shall serve as the seventh member and shall have the same vote on the council as any other member. (d) The Governor shall select a chairperson for the council from among the six public members. Four members shall constitute a quorum for the transaction of business. Members of the council shall receive no compensation for their services upon the council but shall be entitled to receive the travel allowance provided in Code Section 50-19-7 for their travel expenses when necessary in carrying out the duties of their office. (e) The council shall not be a part of the Department of Education but shall be an independent entity attached to the Office of Planning and Budget for administrative purposes only, as set forth in Code Section 50-4-3. The council is authorized to enter into contracts to fulfill its duties under this Code section. (f) The Department of Education shall cooperate fully with the council. Specifically, the Department of Education is directed to collect and provide to the council information regarding individual public schools and individual public school systems which the council deems necessary to discharge its duties under this Code section.

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(g) The Council for School Performance shall issue an annual report no later than December 1 of each year, commencing December 1, 1994. The report shall be an impartial evaluation of the progress made by each public school and each public school system in meeting national, state, and local educational goals. The report shall include information concerning outcomes of the state's investment in each public school and each public school system as well as a description of how each public school and each public school system utilized moneys derived from the Georgia Lottery for Education. The report shall be published in a format that can be easily understood by parents and other members of the community who are not professional educators. Copies of the report shall be provided to the Governor, Lieutenant Governor, Speaker of the House of Representatives, and to the chairpersons of the Education Committees of the Georgia Senate and House of Representatives. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1993. EDUCATION GRANTS FOR EDUCATIONAL PROGRAMS; CHARTER SCHOOL STATUS; TERMS OF CHARTER. Code Section 20-2-255 Enacted. No. 551 (Senate Bill No. 74). AN ACT To amend Part 9 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to grants for educational programs, so as to provide for legislative intent; to provide for definitions; to provide for petitions for charter school status and their review and approval; to provide for criteria and procedures for charter schools and petitions therefor; to provide

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for petition resubmissions and for technical assistance relating thereto; to provide for terms of the charter and for charter renewals; to provide for reports; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Part 9 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to grants for educational programs, is amended by adding at the end a new Code section to read as follows: 20-2-255. (a) It is the intent of the General Assembly that this Code section provide a means whereby local schools may choose to substitute a binding performance based contract approved by both state and local boards of education, called a charter, for state and local rules, regulations, policies, and procedures and the applicability of the other provisions of this title. (b) For purposes of this Code section, the term: (1) `Charter' means a performance based contract between the state board, a local board of education, and a local school, the terms of which are approved by the local board of education and by the state board for an initial three-year period. Each performance based contract will exempt a school from state and local rules, regulations, policies, and procedures and from the provisions of this title according to the terms of the contract. (2) `Charter school' means a school that is operating under the terms of a charter granted by the state board. (3) `Local board' means a county or independent board of education exercising control and management of a local school system pursuant to Article VIII, Section V of the Constitution.

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(4) `Local school' means a public school in Georgia which is under the management and control of a local board. (5) `Petition' means a proposal to enter into a performance based contract between the state board and a local school whereby the local school obtains charter school status. (6) `State board' means the State Board of Education. (c) Any local school may petition the state board for charter school status in accordance with a schedule approved by the state board. Such petitions must: (1) Be approved by the local board of education; (2) Be freely agreed to by over two-thirds of the faculty and instructional staff members by secret ballot at the school initiating the petition; (3) Be agreed to by over two-thirds of the parents present at a meeting called for the purpose of deciding whether to initiate the petition; (4) Describe a plan for school improvement that addresses how the school proposes to work toward improving student learning and meeting the national and state education goals; (5) Outline proposed performance criteria that will be used during the initial three-year period of the charter to measure progress of the school in improving student learning and in meeting the national and state education goals; (6) Describe how the faculty, instructional staff, and parents of students enrolled in the school will be involved in developing the petition, developing and implementing the improvement plan, and identifying performance criteria; and

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(7) Describe how the concerns of faculty, instructional staff, and parents of students enrolled in the school will be solicited and addressed in evaluating the effectiveness of the improvement plan. (d) The state board is authorized and directed to establish criteria and procedures for charter schools. Each year, the state board must review petitions for charter school status received from local schools. The state board is directed to approve such petitions and to grant charter school status to local schools whose petitions, in the opinion of the state board: (1) Provide a plan for improvement at the school level for improving student learning and for meeting the national and state education goals; (2) Include a set of performance based objectives and student outcome based objectives for the term of the charter and the means for measuring those objectives on at least a yearly basis; (3) Include an agreement to provide a yearly report to parents, the community, the local board, and the state board which indicates the progress made by the charter school in the previous year in meeting the performance objectives; and (4) Include a proposal to directly and substantially involve the parents of students enrolled in the school as well as the faculty, instructional staff, and the broader community in the process of creating the petition and in carrying out the terms of the charter. (e) The state board may allow local schools to resubmit petitions for charter school status if the original petition was, in the opinion of the state board, deficient in one or more respects. The Department of Education is authorized and directed to provide technicalk assistance to the faculty and instructional staff of local schools in the creation or modification of these petitions.

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(f) The state board will include in the terms of each charter: (1) A mechanism for declaring the charter null and void if over two-thirds of the faculty and instructional staff of the school request the state board to withdraw the charter or if, at any time, in the opinion of the state board, the school enjoying charter school status fails to fulfill the terms of the charter; (2) Clear performance based and student outcome based objectives and the means to measure those objectives on at least a yearly basis; (3) A mechanism for updating the terms of each charter, agreed to by all parties and subject to the approval of over two-thirds of the faculty and instructional staff, based upon the yearly progress reports given the state board by the charter school; (4) A provision that the expenditure controls contained in Code Section 20-2-167 may be relaxed only for those direct instructional expenditures actually made by each charter school for the students of that school; and (5) A provision to exempt the school from state rules, regulations, policies, and procedures and from other provisions of this title, unless otherwise specified. (g) Any request for petition to obtain charter school status sent by a local school to a local school board shall be forwarded by the local school board to the State Board of Education. If a local school board disapproves a local school's request for petition, the local school board must inform the faculty of the local school of the reasons for such disapproval, and a copy of these reasons must be forwarded to the state board. The state board may, at its discretion, request a hearing to receive further information from the local school board and the local school faculty. (h) The state board is authorized to renew charters on a one-year or multiyear basis, not to exceed three years, for

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local schools after the initial three-year period, provided all parties to the original charter approve such renewal with a vote of over two-thirds of the faculty and instructional staff. (i) The state board will report to the General Assembly each year on the status of the charter school program. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 19, 1993. HEALTH COUNTY BOARDS; CHANGE IN COMPOSITION AND POWERS; DEPARTMENT OF HUMAN RESOURCES, DIVISION OF MENTAL HEALTH, MENTAL RETARDATION, AND SUBSTANCE ABUSE; GOVERNOR'S ADVISORY COUNCIL FOR MENTAL HEALTH, MENTAL RETARDATION, AND SUBSTANCE ABUSE; DUTIES. Code Titles 31 and 37 Amended. No. 552 (House Bill No. 100). AN ACT To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to change the composition and powers of county boards of health; to change certain definitions relating to hospitals and other institutions; to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to change certain definitions; to provide for legislative findings and purposes; to change powers and duties of the Department of Human Resources and the Division of Mental Health, Mental Retardation, and Substance Abuse; to provide

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for rules, regulations, and standards and provide for their availability; to clarify certain provisions regarding the use of psychologists and physicians; to change the manner of adopting rules and regulations of the Board of Human Resources and the department thereof; to change the provisions regarding hearings and appeals of actions of that department and injunction proceedings by that department and relating to confidentiality and inspection warrants; to change the organizations and methods through which mental disability services are provided; to change definitions; to provide for mental health, mental retardation, and substance abuse regions and provide boards and planning units for such regions in place of certain advisory councils; to change certain duties of the Governor's Advisory Council for Mental Health, Mental Retardation, and Substance Abuse; to provide for appointment of members to such boards and the terms and qualifications and compensation and expenses of such members; to provide for vacancies on and organization, bylaws, and meetings of such boards; to provide for personnel for such boards and funding therefor and for the functions, duties, and powers of those boards; to provide for the distribution of funds; to provide for audits; to provide for community mental health, mental retardation, and substance abuse service boards and the areas thereof, the appointment of members of such boards, and the terms and qualifications of those members; to provide for county participation in those boards; to provide for county boards of health to serve as community service boards; to provide for community service board personnel, organization, bylaws, duties, powers, and responsibilities; to provide for personnel status, benefits, and compensation; to provide for exemption from taxation; to change the provisions relating to state disability services plans; to provide for coordination of disability services; to provide for open meeting and records; to provide for emergency services; to provide for fees and accounting therefor and use thereof; to provide for venue; to provide for legal assistance; to delete certain provisions relating to minor child drug screening; to provide for access to records and certain restrictions relating thereto; to provide for statutory construction; to change the duties and expiration date of the State Commission on Mental Health, Mental Retardation, and Substance Abuse Service Delivery and to change a specific repealer relating to that commission; to provide for all related matters; to provide

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for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards of health, is amended by striking paragraph (4) of subsection (a) of Code Section 31-3-2, relating to composition of the county boards of health, and inserting in its place a new paragraph (4) to read as follows: (4) One member to be appointed by the governing authority of the county shall be a consumer, a representative of a consumer, or a person from an advocacy agency or group, which member will represent on the board the county's consumers of health services;. Section 2. Said chapter is further amended by striking paragraph (6) of subsection (a) of Code Section 31-3-4, relating to powers of county boards of health, and inserting in its place a new paragraph (6) to read as follows: (6) Make contracts and establish fees for the provision of public health services provided by county boards of health, including but not limited to environmental health services, which fees may be charged to persons or to establishments and premises within the county for inspection of such establishments, premises, structures and appurtenances thereto, or for other county board of health services. All such fees may be used to defray costs of providing such local services and shall supplement but not replace state or federal funding. No person shall be denied services on the basis of that person's inability to pay. The scope of services, operating details, contracts, and fees approved by the county board of health shall also be approved by the district director of health. No fees for environmental health services may be charged unless the schedule of fees for such services has been approved by the county governing authority;.

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Section 3. Said chapter is further amended by adding a new Code Section 31-3-12.1 immediately following Code Section 31-3-12, to read as follows: 31-3-12.1. In addition to any other power authorized by law, the county governing authority may authorize the county board of health to enter into a contract with a regional or community mental health, mental retardation, and substance abuse service board created under Chapter 2 of Title 37 to provide certain mental health, mental retardation, and substance abuse services based on the contractual agreement between the parties. Further, a county governing authority may authorize a county board of health, wherever applicable, to serve as the community mental health, mental retardation, and substance abuse service board, provided that the county governing authority, the board of health, and any other affected county governing authority acts pursuant to subsection (e) of Code Section 37-2-6. In the event that the county governing authority exercises the authority granted by this Code section, Chapter 2 of Title 37, or Code Section 37-2-6, the county board of health shall appoint a director for mental health, mental retardation, and substance abuse or a supervisor of the specific service which is being provided by the county board of health, whichever is applicable, who shall meet the requirements established by the regional mental health, mental retardation, and substance abuse service board. The director for mental health, mental retardation, and substance abuse, or the service supervisor, shall not be required to be a physician and shall be a person other than the director of the county board of health appointed pursuant to Code Section 31-3-11. Further, such director for mental health, mental retardation, and substance abuse shall report directly to the county board of health and shall have no formal reporting relationship with the director of the county board of health. Section 4. Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, is amended by striking subparagraph (A) of paragraph (1) of Code Section 31-7-1, relating to definitions, and inserting in its place the following:

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(A) Reserved;. Section 5. Chapter 1 of Title 37 of the Official Code of Georgia Annotated, relating to general provisions, is amended by striking Code Section 37-1-1, relating to definitions, and inserting in its place a new Code Section 37-1-1 to read as follows: 37-1-1. As used in this title, the term: (1) `Board' means the Board of Human Resources. (2) `County board of health' means a county board of health established in accordance with Chapter 3 of Title 31 and includes its duly authorized agents. (2.1) `Community service board' means a public community mental health, mental retardation, and substance abuse service board established pursuant to Code Section 37-2-6, which governs the provision of certain disability services not provided by other public or private providers under contract with the regional board. (2.2) `Consumer' means a natural person who has been or is a recipient of disability services as defined in Code Section 37-2-2. (3) `Department' means the Department of Human Resources and includes its duly authorized agents and designees. (4) `Peace officer' means any federal, city, or county police officer, any officer of the Georgia State Patrol, or any sheriff or deputy sheriff. (5) `Penal offense' means a violation of a law of the United States, this state, or a political subdivision thereof for which the offender may be confined in a state prison or a city or county jail or any other penal institution.

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(6) `Physician' means any person duly authorized to practice medicine in this state under Chapter 34 of Title 43. (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. (6.2) `Regional board' means a regional mental health, mental retardation, and substance abuse board established in accordance with Code Section 37-2-4.1. (7) `Resident' means a person who is a legal resident of the State of Georgia. Section 6. Said chapter is further amended by adding a new Code Section 37-1-2 to read as follows: 37-1-2. (a) The General Assembly finds that a comprehensive range of quality services and opportunities is vitally important to the existence and well-being of persons with mental health, mental retardation, and substance abuse problems and their families. The General Assembly further finds that the state has an obligation and a responsibility to develop and implement planning and service delivery systems which focus on a core set of consumer oriented, community based values and principles, which includes but is not limited to the following: (1) Consumers and families should have choices about services and providers and should have substantive input into the planning and delivery of all services; (2) A single point of accountability should exist for fiscal, service, and administrative issues to ensure better coordination of services among all programs and providers and to promote cost-effective, efficient service delivery and administration;

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(3) The system should be appropriately comprehensive and adaptive to allow consumers and their families to access the services they desire and need; (4) Public programs are the foundation of the service planning and delivery system and they should be valued and nurtured; at the same time, while assuring comparable standards of quality, private sector involvement should be increased to allow for expanded consumer choice and improved cost effectiveness; (5) Decision making should reside at the local level, with the primary authority vested in local government, consumers, families, advocates, and other interested local parties; (6) The system should ensure that the needs of consumers who are most in need are met at the appropriate service levels; at the same time, prevention strategies should be emphasized for those disabilities which are known to be preventable; (7) The system should be designed to provide the highest quality of services utilizing flexibility in funding, incentives, and outcome evaluation techniques which reinforce quality, accountability, efficiency, and consumer satisfaction; (8) The functions of service planning, coordination, contracting, resource allocation, and client assessment should be separated from the actual service delivery programs; (9) Consumers and families should have a single, community based point of entry into the system; and (10) Consumers, staff, providers, and governing board members should receive ongoing training and education, and should have access to key management resources such as information systems and technical and professional support services.

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(b) Local governments, specifically county governing authorities, have provided outstanding leadership and support for mental health, mental retardation, and substance abuse programs, and the General Assembly finds that their investments, both personal and capital, should be valued and utilized in any improved system. As such, the state and any new governing structure should take special precautions to ensure that the county governing authorities have an expanded level of input into decision making and resource allocation and that any services or programs should continue to use and expand their use of county facilities and resources wherever appropriate and possible. (c) The purpose of Chapter 1 and Chapter 2 of this title is to provide for a comprehensive and improved mental health, mental retardation, and substance abuse service planning and delivery system in this state which will develop and promote the essential public interests of the state and the citizens thereof. These provisions should be constructed liberally to achieve their purposes. Section 7. Said chapter is further amended by striking Code Section 37-1-20, relating to the Division of Mental Health, Mental Retardation, and Substance Abuse, and inserting in its place a new Code Section 37-1-20 to read as follows: 37-1-20. (a) There shall be a Division of Mental Health, Mental Retardation, and Substance Abuse within the Department of Human Resources and a director thereof whose qualifications meet standards set by the board. (b) The department, through the division, shall: (1) Establish, administer, and supervise the state programs for mental health, mental retardation, and substance abuse; (2) Direct, supervise, and control the medical and physical care, treatment, and rehabilitation provided by the institutions and programs under its control, management, or supervision;

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(3) Have authority to contract for services with: public or private hospitals; hospital authorities; medical schools and training and educational institutions; departments and agencies of this state; regional boards; county or municipal governments; any person, partnership, corporation, or association, whether public or private; the United States government or the government of any other state; (4) Establish and support programs for the training of professional and technical personnel as well as regional boards and community service boards; (5) Have authority to conduct research into the causes and treatment of disability and into the means of effectively promoting mental health; (6) Assign specific responsibility to one or more units of the division for the development of a disability prevention program. The objectives of such program shall include, but are not limited to, monitoring of completed and ongoing research related to the prevention of disability, implementation of programs known to be preventive, and testing, where practical, of those measures having a substantive potential for the prevention of disability; (7) Assign specific responsibility to one or more units of the division for the development of programs designed to serve disabled infants, children, and youth. To the extent practicable, such units shall cooperate with the Georgia Department of Education and the University System of Georgia in developing such programs; (8) Make and administer budget allocations to regional boards to fund the operation of mental health, mental retardation, and substance abuse services in accordance with approved regional programs and plans; (9) Coordinate in consultation with providers, professionals, and other experts the development of appropriate outcome measures for client centered service delivery systems and, in conjunction with and on behalf of

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regional boards and other providers, evaluate the efficacy of the state, regional, and community service boards through the regular assessment of the impact of the programs upon individuals receiving treatment; (10) Establish, operate, supervise, and staff programs and facilities for the treatment of disability throughout this state; (11) Disseminate information about available services and the facilities through which such services may be obtained; (12) Establish within the division or under the jurisdiction of the regional boards or both a unit which shall receive and consider complaints from individuals receiving services, make recommendations to the director of the division regarding such complaints, and ensure that the rights of individuals receiving services are fully protected; and (13) Exercise all powers and duties provided for in this title or which may be deemed necessary to effectuate the purposes of this title. Section 8. Said chapter is further amended by striking Code Section 37-1-22, relating to standards, rules and regulations, and inserting in its place a new Code Section 37-1-22 to read as follows: 37-1-22. The board shall adopt and promulgate written rules, regulations, and standards as may be deemed necessary to effectuate the purposes of this title and which shall be the basis of state financial participation in mental health, mental retardation, and substance abuse programs. Section 9. Said chapter is further amended by striking Code Section 37-1-23, relating to rules of practice and procedure, and inserting in its place a new Code Section 37-1-23 to read as follows:

Page 1455

37-1-23. The board is directed to prescribe rules of practice and procedure in order to implement this chapter. The department, the division, and the regional boards are directed to make the board's and the department's rules available for distribution. Section 10. Said chapter is further amended by striking Code Section 37-1-24, relating to use of a psychologist or physician, and inserting in its place a new Code Section 37-1-24 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 service board 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 11. Said chapter is further amended by striking Article 3, relating to promulgation of rules and regulations, and inserting a new Article 3 to read as follows: ARTICLE 3 37-1-40. All rules and regulations of the Board of Human Resources shall be adopted pursuant to Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' Section 12. Said chapter is further amended by striking Article 4, relating to hearings, appeals, and evidence, and inserting in its place a new Article 4 to read as follows: ARTICLE 4 37-1-50. (a) No license, permit, or certificate or other similar right shall be revoked or suspended without opportunity for a hearing as provided in Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' Any such hearing or appeal related thereto shall be conducted in accordance with such Act.

Page 1456

(b) The department is authorized and empowered to employ and appoint hearing examiners to conduct hearings, issue compulsory process, administer oaths, and submit their findings and recommendations to the appointing agency; provided, however, that any such examiner shall be a member of the State Bar of Georgia in good standing. 37-1-51. Reserved. 37-1-52. Reserved. 37-1-53. Notwithstanding any other provision of law to the contrary, the department is authorized by regulation to classify as confidential and privileged documents, reports, and other information and data obtained by them from persons, firms, corporations, municipalities, counties, and other public authorities and political subdivisions where such matters relate to secret processes, formulas, and methods or where such matters were obtained or furnished on a confidential basis. All matters so classified shall not be subject to public inspection or discovery and shall not be subject to production or disclosure in any court of law or elsewhere until and unless the judge of the court of competent jurisdiction, after in camera inspection, determines that the public interest requires such production and disclosure or that such production and disclosure may be necessary in the interest of justice. This subsection shall not apply to clinical records maintained pursuant to Code Sections 37-3-166, 37-3-167, 37-4-125, 37-4-126, 37-7-166, and 37-7-167. Section 13. Said chapter is further amended by striking paragraph (2) of Code Section 37-1-70, relating to definitions regarding inspection warrants, and inserting in its place a new paragraph to read as follows: (2) `Mental health law' means Code Sections 37-3-7, 37-3-8, and 37-4-4, Chapter 6 of this title, and any rule or regulation duly promulgated thereunder. Section 14. Said chapter is further amended by striking Code Section 37-1-71, relating to persons who may obtain

Page 1457

inspection warrants, and inserting in its place a new Code Section 37-1-71 to read as follows: 37-1-71. The commissioner or the commissioner's delegate, in addition to other procedures now or hereafter provided, may obtain an inspection warrant under the conditions specified in this chapter. Such warrant shall authorize the commissioner or the commissioner's delegate to conduct a search or inspection of property either with or without the consent of the person whose property is to be searched or inspected if such search or inspection is one that is elsewhere authorized under the rules and regulations duly promulgated under this title. Section 15. Said chapter is further amended by striking Part 2 of Article 5, relating to injunctions, and inserting in its place a new Part 2 to read as follows: Part 2 37-1-90. The Department of Human Resources is empowered to institute appropriate proceedings for injunction in the courts of competent jurisdiction in this state for the purpose of enjoining a violation of any provision of this title as now existing or as may be hereafter amended or of any regulation or order duly issued by the board or department. The department is also empowered to maintain action for injunction to abate any public nuisance which is injurious to the public health, safety, or comfort. Such actions may be maintained notwithstanding the fact that such violation also constitutes a crime and notwithstanding that other adequate remedies at law exist. Such actions may be instituted in the name of the department in the county in which a violation of any provision of this title occurs. Section 16. Chapter 2 of Title 37 of the Official Code of Georgia Annotated, relating to administration of mental health, mental retardation, substance abuse, and other disability services, is amended by striking Article 1, relating to general provisions, in its entirety and inserting a new Article 1 to read as follows:

Page 1458

ARTICLE 1 37-2-1. (a) The State of Georgia recognizes its responsibility for its citizens who are mentally ill or mentally retarded or who suffer from certain developmental disabilities including epilepsy, cerebral palsy, autism, and other neurologically handicapping conditions or who abuse alcohol, narcotics, or other drugs and recognizes an obligation to such citizens to meet their needs through a coordinated system of community facilities, programs, and services. (b) It is the policy of this state to provide adequate mental health, mental retardation, substance abuse, and other disability services to all its citizens. It is further the policy of this state to provide such services through a unified system which encourages cooperation and sharing of resources among all providers of such services, both governmental and private. (c) It is the purpose of this chapter to enable and encourage the the development of comprehensive, preventive, early detection, rehabilitative, and treatment disability services; to improve and expand community service boards for the disabled; to provide continuity of care through integration of county, area, regional, and state services and facilities for the disabled; to provide for joint disability services and the sharing of manpower and other resources; and to monitor and restructure the system of providing disability services in the State of Georgia to make better use of the combined public and private resources of the state and local communities. (d) The provisions of this chapter shall be liberally construed to achieve the objectives set forth in this Code section. 37-2-2. As used in this chapter, the term: (1) `Area' means a Community Mental Health, Mental Retardation, and Substance Abuse Service Area.

Page 1459

(2) `Commissioner' means the commissioner of human resources. (2.1) `Community service board' means a public community mental health, mental retardation, and substance abuse service board established pursuant to Code Section 37-2-6, which governs the provision of certain public disability services not provided by other public or private providers under contract with the regional board. (2.2) `Consumer' means a natural person who has been or is a recipient of disability services as defined in this Code section. (3) `Director' means the director of the division. (4) `Disability' means: (A) Mental or emotional illness; (B) Mental retardation; (C) Other neurologically handicapping conditions which require treatment similar to that for the mentally retarded including epilepsy, cerebral palsy, and autism; or (D) The abuse of, addiction to, or dependence upon alcohol, narcotics, or other drugs. (4.1) `Disability services' means services to the disabled or services which are designed to prevent or ameliorate the effect of a disability. (5) `Disabled' means any person or persons who have a disability. (6) `Division' means the Division of Mental Health, Mental Retardation, and Substance Abuse of the Department of Human Resources.

Page 1460

(7) `Hospital' means a state owned or state operated facility providing services which include but are not limited to inpatient care and the diagnosis, care, treatment, or habilitation of the disabled. (8) `Regional board' means a regional mental health, mental retardation, and substance abuse board established in accordance with Code Section 37-2-4.1. (8.1) `Regional planning unit' or `unit' means a regional mental health, mental retardation, and substance abuse planning unit created under Code Section 37-2-4.1. (9) `Substance abuse' means the abuse of, addiction to, or dependence upon alcohol, narcotics, or other drugs. 37-2-2.1. There shall be created within the Department of Human Resources a Division of Mental Health, Mental Retardation, and Substance Abuse. 37-2-3. (a) Based on recommendations of the State Commission on Mental Health, Mental Retardation, and Substance Abuse Service Delivery submitted to the Board of Human Resources pursuant to Code Section 37-2-34, the board shall designate boundaries for mental health, mental retardation, and substance abuse regions, which shall serve as the initial boundaries for establishment of the regional boards and units as prescribed in Code Section 37-2-4.1. (b) The division, with input from the regional boards and with the approval of the commissioner, shall designate Community Mental Health, Mental Retardation, and Substance Abuse Service Areas, which, effective July 1, 1994, shall serve as boundaries for the establishment and operation of community service boards within this state for the purpose of delivering certain disability services. For the period through June 30, 1995, and thereafter as the division deems appropriate, the boundaries for the areas and the operation of community service boards shall be the same boundaries as the Community Mental Health, Mental Retardation, and Substance Abuse Services Areas which were in effect as of July 1, 1993. After July 1, 1995, the division, with input from

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the regional boards, shall consider requests from a county or group of counties for recommended changes to the boundaries of the community service boards. (c) To the extent practicable, the boundaries for regional boards and units and community service boards shall not subdivide any county unit or conflict with any districts established by the department and the state relating to the planning for or delivery of health services. In dividing the state into areas, the board, the department, and the division shall take into consideration such factors as geographic boundaries, roads and other means of transportation, population concentrations, city and county lines, other relevant community services, and community economic and social relationships. Consideration shall also be given to the existence of facilities and personnel available in the areas for the delivery of disability services. 37-2-4. (a) The Governor shall appoint, fund, and provide staff assistance to a Governor's Advisory Council for Mental Health, Mental Retardation, and Substance Abuse, referred to in this chapter as the `Governor's council.' The Governor's council shall consist of no more than 30 and no less than 15 members, who shall be representative of professional and lay individuals, organizations, and state agencies associated or involved with services for the disabled. Such members shall be fairly representative of all disability groups. The term of each member of the Governor's council shall be for three years, provided that of the members first appointed, ten shall be appointed for a term of one year, five for a term of two years, and the remainder, if any, for a term of three years. Vacancies shall be filled by similar appointment for unexpired terms. The director shall be an ex officio, nonvoting member. (b) The Governor's council shall advise the Governor, the board, the department, and the division as to the efficacy of the state disability services programs, the need for legislation relating to the disabled, the need for expansion or reduction of specific disability services programs, and the need for specific changes in the state disability services programs. The Governor's council shall review and prepare written

Page 1462

comments on proposed state plans and on standards, rules, and regulations promulgated by the division. Such comments shall be submitted to the director, the board, the commissioner of the department, and to any other individual or agency deemed appropriate. The Governor's council shall further receive and consider complaints and grievances submitted in writing by individuals, associations, or agencies involved with the delivery or receipt of disability services and, if deemed appropriate, shall make recommendations to the Governor, the board, the department, or the division with respect to such complaints or grievances. The Governor's council shall also provide guidance and assistance to the regional boards, hospitals, community service boards, and other private or public providers in the performance of their duties. 37-2-4.1. (a) There are created within the division regional mental health, mental retardation, and substance abuse planning units. The number of those units and the regions within which they shall operate shall be established from time to time as necessary by the board. In accordance with Code Section 37-2-3, the board shall initially establish the boundaries of each region based on the recommendations of the State Commission on Mental Health, Mental Retardation, and Substance Abuse Service Delivery pursuant to Code Section 37-2-34; provided, however, that any county with a population of 400,000 or more as of the United States decennial census of 1990 or any future such census may not be combined with any other county for the purpose of creating such a region without the approval of the county governing authority. (b) There is created a separate regional mental health, mental retardation, and substance abuse board as the governing body for each regional planning unit established under subsection (a) of this Code section. Each such board shall provide and facilitate coordinated and comprehensive planning and service delivery for its region in conformity with minimum standards and procedures established by the division. Each such board shall be designated with such identifying words before the term `regional mental health, mental retardation, and substance abuse board' as that regional

Page 1463

board may, from time to time, choose and designate by official action. 37-2-5. (a) Each regional board shall establish policy and direction for disability services planning, delivery, and evaluation, including outcome evaluation, within the region, and shall perform such other functions as may be provided or authorized by law. (b) Membership on the regional board within an established region shall be determined as follows: (1) Each county with a population of 50,000 or less according to the United States decennial census of 1990 or any future such census shall appoint one member to the board; (2) Each county with a population of more than 50,000 according to the United States decennial census of 1990 or any future such census shall appoint one member for each population increment of 50,000 or any portion thereof; (3) The appointment or appointments for each county shall be made by the county governing authority; and (4) The county governing authority shall appoint a consumer of disability services, a family member of a consumer, an advocate for disability services, or a local leader or businessperson with an interest in mental health, mental retardation, and substance abuse; provided, however, that for counties with more than one appointment, the county governing authority shall seek to ensure that such appointments represent various groups and disability services. (b.1) A county governing authority may appoint the school superintendent, a member of the board of health, a member of the board of education, or any other elected or appointed official to serve on the regional board provided that such person meets the qualifications of paragraph (4) of

Page 1464

subsection (b) of this Code section, such person does not serve on the community service board, and such appointment does not violate the provisions of Chapter 10 of Title 45. (b.2) A member of the community services board may not also serve as a member of the regional board or be an employee or board member of any private or public group, organization, or service provider which contracts with or receives funds from the regional or community services boards. (c) In making appointments to the regional board, the various county governing authorities shall ensure that appointments are reflective of the cultural and social characteristics, including gender, race, ethnic, and age characteristics, of the regional and county populations. The county governing authorities are further encouraged to ensure that each disability group is viably represented on the regional board, and in so doing the county governing authority may consider suggestions for appointments from clinical professional associations as well as advocacy groups, including but not limited to the Georgia Mental Health Consumer Network, the Georgia Parent Support Network, the Georgia Alliance for the Mentally Ill, the American Association for Retired Persons, Georgians for Children, the Association for Retarded Citizens, the Mental Health Association of Georgia, the Georgia Network for People with Mental Retardation/Developmental Disabilities, the Georgia Association for the Prevention and Treatment of Substance Abuse, and their local chapters and affiliates. (d) Initial appointments to the regional board shall be made by August 1, 1993. Initial terms of the regional board shall be established in bylaws adopted pursuant to paragraph (e) of this Code section. Thereafter, the term of a member of the board shall be for a period of three years and until the member's successor is appointed and qualified. A member may serve no more than two consecutive terms. The term of a regional board member shall terminate upon resignation, death, or inability to serve due to medical infirmity or other incapacity, or such other reasonable condition as the regional board may impose under their bylaws. Vacancies on

Page 1465

the board shall be filled in the same manner as the original appointment. (e) Prior to December 31, 1993, each regional board shall adopt bylaws governing its operation and management. At a minimum, the bylaws shall provide for staggered initial terms of the initial board, requirements for an annual meeting to elect officers, a mechanism for ensuring that consumers of disability services and family members of consumers constitute at least approximately one-half of the appointments to the board, and a mechanism for ensuring that each disability service is equitably represented by appointments to the board. Any board member who serves an initial term of less than three years may be eligible to be reappointed for two full consecutive three-year terms. The chair and vice chair of the regional board shall be elected from among the members of the board, to serve a term of one year with the option of reelection for an additional one-year term. The bylaws shall provide for any other officers and their means of selection, as well as any necessary committees or subcommittees of the board. The bylaws may also provide for the appointment by the regional board of an advisory committee or advisory committees to work with the regional board in addressing various issues. Prior to their adoption by the regional board, the bylaws shall be submitted to the division for review and approval. The regional board must have the written approval of the director of the division prior to the adoption of bylaws. (f) The regional board shall meet not less than once every two months, beginning on July 1 and continuing through the next June 30, which time frame shall be the fiscal year for each regional board. (g) Each member of the regional board may, upon regional board approval, receive reimbursement for actual expenses not to exceed the per diem allowed legislative members of interim study committees of the General Assembly and the same mileage allowance for use of a personal car as that received by all other state officials and employees or a travel allowance of actual transportation cost if traveling by public carrier.

Page 1466

37-2-5.1. (a) Each regional board shall be served by an executive director, who shall be duly qualified and appointed by the director of the division, with the approval of the regional board. The executive director shall serve as the director of the regional mental health, mental retardation, and substance abuse planning unit, which shall be a unit of the division and shall be governed by the regional board. The executive director shall serve at the pleasure of the division director. An executive director may be appointed to serve the regional board only with such board's approval. At any time during the tenure of the executive director, the regional board may for good cause vote to request the removal of the executive director. Should such a vote for removal be taken and be approved by a majority of the full board membership, the board shall submit its request to the director of the division who shall in turn comply with the request of the board. The director of the division shall be authorized to appoint for a period not to exceed 12 months an interim executive director at any time that the position of executive director is vacant and prior to the appointment of a duly qualified and approved successor. (b) The executive director of the regional board may appoint such other staff and personnel to work for the unit as that executive director and board deem necessary and appropriate. The executive director and such staff and personnel shall be employees of the division. Expenses for the regional board, the employment of the executive director, other staff and personnel, and the operation of the unit office shall be charged against the funding allocated to the regional board for planning and service delivery within the established region. The department and the division may impose limits on the administrative and operating expenditures of the regional board and the unit. (c) (1) State, federal, and other funds appropriated to the department, the division, or both, and available for the purpose of funding the planning and delivery of disability services shall be distributed in accordance with this subsection. After July 1, 1995, all funds associated with services to clients residing within a given region shall be allocated through the appropriate regional board; `all

Page 1467

funds' shall include funding for hospitals, community service boards, private and public contracts, and any contracts relating to service delivery for clients within the given region. The division shall establish a minimum funding amount for regional boards conditioned upon the amount of funds appropriated and a supplemental funding formula to be used for the distribution of available state funds in excess of the minimum funding amount. The minimum funding amount shall be determined, in part, based on consumer service needs, service and program history, population based funding needs, infrastructure mandates, program efficiency and effectiveness, geographic distances, and other factors affecting the cost and level of service needs within each region. (2) The division shall establish guidelines to ensure that funding is allocated to community service boards and local services based on client population, past and future service delivery needs and capabilities, and in consideration of special needs populations, such as homeless and transient populations. The division shall ensure that funds are allocated based primarily on services to clients and in compliance with all federal, state, and regulatory requirements. (3) The division, in compliance with the provisions of the appropriations Act and other applicable laws, is authorized to move funds to and between community and institutional programs based on need, and the division shall ensure that the regional boards develop appropriate allocation and accounting mechanisms to move funds in a planned and rational manner between hospitals, community service boards, and other providers based on client needs and utilization. 37-2-5.2. (a) Each regional board shall have the following duties and functions: (1) To prepare, in consultation with consumers and families, community programs, hospitals, other public and private providers, and appropriate advisory and advocacy groups, an annual plan and mechanism for the

Page 1468

funding and provision of all disability services in the region. The plan shall be submitted to the division at a time and in the manner specified by the division so as to ensure that the plan is a basis for the annual appropriations request. The division shall provide technical and professional expertise to the regional board upon request. Such plan may include, by way of illustration without limitation, the following: (A) An estimate categorized by age group of the number of citizens residing in the region who require disability services and an estimate of the range of services needed for these citizens; (B) A description of all facilities and programs, both public and private, which are available or which should be developed to provide adequate disability services in the area; (C) An analysis of the regional availability of professional and other staff personnel trained in providing disability services and, if necessary, a proposal for recruitment and retention; (D) A list of all public and private providers currently providing or available to provide disability services in the region; (E) A description in order of priority of all proposed programs and disability services to be provided in the region, and the funds associated with the provision of these services, which description shall specifically address the interrelationship of programs and services and the mechanisms for ensuring effective client transition between and among such programs and services; (F) A comprehensive plan for regular meetings, consultations, and coordinated planning efforts with and among all service providers, such as community programs, hospitals, and private contractors, and professionals in the region, which plan shall at a minimum

Page 1469

address appropriate methods for sharing resources and expertise among service providers and professionals, mechanisms for resolving conflicts and resource allocation problems, and a process for ensuring ongoing dialogue among all providers regarding the most effective ways of meeting individual and community client needs; (G) An analysis of the opportunities for coordination of disability services with other regional boards, agencies, and organizations as required in Code Section 37-2-9, which analysis shall include an overview of those specialized services and programs offered in other regions which may provide the most cost-effective means of meeting specific client needs and therefore would be utilized by a regional board which did not have such specialized services or programs; (H) A statement of the anticipated administrative and operating budget for the regional board, the executive director, and the staff of the unit; (I) A detailed financial plan showing the costs of providing necessary disability services and all sources of revenue; and (J) A consumer satisfaction survey conducted during the previous year in a manner consistent with policies established by the division; (2) To provide, as funds become available, for client assessment and service authorization and coordination for each client receiving services within the region or funded by the regional board; (3) To exercise responsibility and authority within the region in all matters relating to the funding and delivery of disability services; provided, however, that with the exception of services authorized under paragraph (2) of this subsection the regional board may not engage in the direct delivery of goods or services to individual consumers

Page 1470

and is prohibited from providing on its own, without the use of an agent or agents, any direct disability services to consumers; (4) To receive and administer grants, gifts, moneys, and donations for purposes pertaining to the mental health, mental retardation, substance abuse, and other disability services; (5) To make contracts with any hospital, community service board, or other public or private providers without regard to regional or state boundaries for the provision of disability services, and to make and enter into all contracts necessary or incidental to the performance of duties and functions of the regional board and the unit; (6) To encourage the development, in cooperation with the division, of private and public providers of programs and disability services which respond to the needs of consumers and families of consumers within the region; (7) To submit annual reports to the division, the Governor's council, and such other agencies or individuals deemed appropriate, which reports shall evaluate the efficiency and effectiveness of disability services in the region; (8) To serve as the representative of the citizens of the area in regard to disability services; (9) To receive and consider complaints and grievances submitted in writing by individuals, associations, or agencies involved with the delivery or receipt of disability services and, if deemed appropriate, to seek resolution, through processes which may include impartial mediation and alternate dispute resolution, of such complaints and grievances with the appropriate hospital, community service board, or other private or public provider of service;

Page 1471

(10) To assure the highest achievable level of public awareness and understanding of both available and needed disability services; and (11) To visit regularly disability services facilities and programs which serve the region in order to evaluate the effectiveness and appropriateness of the facilities and programs in delivering services. (b) In addition to its duties and functions, each regional board shall also have the following power and authority: (1) To utilize the services of the Department of Administrative Services, the State Merit System for Personnel Administration, the state auditor, or any other agency of state, local, or federal government; (2) To participate with other regional boards, the division, the department, local, state, or federal government agencies, educational institutions, and public and private organizations in the coordination of planning, research, service development, and evaluation activities; (3) To work cooperatively with all units of county and local government, including the county boards of health, within the region; (4) To establish goals and objectives, not inconsistent with those established by the division and the development, for its region; and (5) To participate in the establishment and operation of a data base and network, coordinated by the division, to serve as a comprehensive management information system for disability services and programs. (c) It is the express intent of this chapter to confer upon the regional board the flexibility and authority necessary to contract with a wide range of public and private providers to ensure that clients are afforded cost-effective, locally based, and quality disability services. Regional boards are specifically authorized to contract directly with any

Page 1472

county governing authority, or any disability services organization created or designated by such county governing authority, any county board of health, any private or public provider, or any hospital for the provision of disability services. Such contracts may be made directly between the regional board and the contractor and shall not be required to go through the community service board. (d) The regional board may delegate any power, authority, duty, or function to its executive director or other staff. The executive director or other staff is authorized to exercise any such power, authority, duty, or function on behalf of the regional board. (e) Each regional board shall keep books of account reflecting all funds received, expended, and administered by the regional board which shall be independently audited, by an auditor approved by the Division, at least once in each fiscal year. The auditor's report shall be presented to the regional board, the division, and any other interested parties. The books of account shall be kept in a standard, uniform format to be determined by the state auditor and the department. Each regional board shall update its books of account on at least a quarterly basis and shall present the quarterly update to the division and any other interested parties. The division shall conduct a performance audit of each regional board at least once every three years. 37-2-6. (a) There shall be created community mental health, mental retardation, and substance abuse service boards, in conformity with the areas established pursuant to the subsection (b) of Code Section 37-2-3, which shall govern publicly funded programs for the purpose of providing certain disability services not provided by other public or private providers under contract with the regional board. The programs shall be governed by the community service boards, which shall be established as public agencies. (b) Each community service board shall consist of members appointed by the county governing authorities from nominations by the boards of health of the counties within the boundaries of the community service board.

Page 1473

Membership on such community service board shall be determined as follows: (1) Each county with a population of 50,000 or less according to the United States decennial census of 1990 or any future such census shall appoint one member to the board; (2) Each county with a population of more than 50,000 according to the United States decennial census of 1990 or any future such census shall appoint one member for each population increment of 50,000 or any portion thereof; (3) The appointment or appointments for each county shall be made by the county governing authority; (4) The county governing authority shall appoint a consumer of disability services, a family member of a consumer, an advocate for disability services, or a local leader or businessperson with an interest in mental health, mental retardation, and substance abuse; provided, however, that for counties with more than one appointment, the county governing authority shall seek to ensure that such appointments represent various groups and disability services; (5) The chief executive or a designee of the chief executive of each county governing authority or municipal governing authority which contributes funding or resources which equal or exceed one-half of 1 percent of the budget allocation from the regional board for disability services within the area governed by the community service board shall serve as an ex officio, voting member of the community service board; and (6) A member of the regional board may not also serve as a member of the community service board. (c) In making appointments to the community service board, the various county governing authorities shall ensure that appointments are reflective of the cultural and social

Page 1474

characteristics, including gender, race, ethnic, and age characteristics, of the regional and county populations. The county governing authorities are further encouraged to ensure that each disability group is viably and capably represented on the community service board, and in making nominations for such appointments the board of health shall consider suggestions from clinical professional associations as well as advocacy groups, including but not limited to the Georgia Mental Health Consumer Network, the Georgia Parent Support Network, the Georgia Alliance for the Mentally Ill, the Association for Retarded Citizens, the Mental Health Association of Georgia, the American Association of Retired Persons, Georgians for Children, the Georgia Network for People with Mental Retardation/Developmental Disabilities, the Georgia Association for the Prevention and Treatment of Substance Abuse, and their local chapters and affiliates. (d) Each county within the boundaries established for the community service board shall be required to participate with the board and the operation of the program through the community service board. Each community mental health, mental retardation, and substance abuse service area in existence on June 30, 1994, shall automatically be succeeded by the community service board for the same region as of July 1, 1994, and each such community service board shall be governed, from and after July 1, 1994, by this chapter. All contractual obligations, including but not limited to real estate leases, rentals, and other property agreements, other duties, rights, and benefits of such service area, or the county board of health involved in administering programs in such area, unless continued by the current service providers, shall automatically become duties, obligations, rights, and benefits of its respective successor community service board or other successor entity. (e) Notwithstanding any other provision of this chapter, a community service board may be constituted in a method other than that outlined in subsection (b) of this Code section if: (1) A board of health of a county desiring to be the lead county board of health for that county submits a

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written agreement to the division before July 1, 1993, to serve as the community service board and to continue providing disability services in that county after July 1, 1994, and the governing authority for that county adopts a resolution stating its desire to continue the provision of disability services through its board of health after July 1, 1994, and submits a copy of such resolution to the division before July 1, 1993; or (2) (A) The lead county board of health for a community mental health, mental retardation, and substance abuse service area, as designated by the divison on July 15, 1993, but which area excludes any county which meets the requirements of paragraph (1) of this subsection, submits a written agreement to the division and to all counties within such service area to serve as the community service board for that area and to continue providing disability services after July 1, 1994, which agreement shall be submitted between July 31, 1993, and December 31, 1993; and (B) Each county governing authority which is within the service area of a lead county board of health which has submitted an agreement pursuant to subparagraph (A) of this paragraph adopts a resolution stating its desire to continue the provision of disability services through such lead county board of health after July 1, 1994, and submits a copy of that resolution to the division, the regional board, and the lead county board of health between July 31, 1993, and December 31, 1993; and (3) The lead county board of health qualifying as such under paragraph (1) or (2) of this subsection agrees in writing to appoint a director for mental health, mental retardation, and substance abuse other than the director of the county board of health as stipulated in Code Section 31-3-12.1, to appoint an advisory council on mental health, mental retardation, and substance abuse consisting of consumers, families of consumers, and representatives from each of the counties within the boundaries of the community service board, and to comply with all

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other provisions relating to the delivery of disability services pursuant to this chapter. (f) If the conditions enumerated in subsection (e) of this Code section are not met prior to or on December 31, 1993, a community service board as provided in subsection (b) shall be established and appointed by January 31, 1994, to govern the provision of disability services within the boundaries of the community service board. Such community service board shall have the authority to adopt bylaws and undertake organizational and contractual activities after January 31, 1994; provided, however, that the community service board established pursuant to this Code section may not begin providing services to clients until July 1, 1994. (g) If a community service board is established pursuant to paragraph (2) of subsection (e) of this Code section, such community service board must operate as established at least until June 30, 1996; provided, however, that in each fiscal year following June 30, 1996, the counties included under the jurisdiction of such a community service board may vote to reconstitute the community service board pursuant to the provisions of subsection (b) of this Code section by passage of a resolution by a majority of the county governing authorities within the jurisdiction of the community service board prior to January 1, 1997, or each year thereafter. (h) Each community service board shall be responsible for adopting bylaws and operational policies and guidelines in conformity with procedures established by the division and the regional board. Those bylaws shall address board appointment procedures, initial terms of board members, the staggering of terms, a mechanism for ensuring that consumers of disability services and family members of consumers constitute a majority of the appointed board members, and a mechanism for ensuring equitable representation of the various disability groups. The regular term of office for each community service board member shall be two years. Vacancies on such board shall be filled in the same manner as the original appointment.

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37-2-6.1. (a) Each community service board shall be responsible for employing a program director, and other necessary staff, adopting an annual budget, and securing appropriate facilities, sites, and professionals necessary for the provision of disability services. (b) Each community service board, under the jurisdiction of its board, shall perform duties, responsibilities, and functions and may exercise power and authority described in this subsection. Each program may exercise the following power and authority: (1) Each community service board may adopt bylaws for the conduct of its affairs; provided, however, that the community service board shall meet at least quarterly, and that all such meetings and any bylaws shall be open to the public, as otherwise required under Georgia law; (2) Each community service board may make and enter into all contracts necessary and incidental to the performance of its duties and functions. (3) Each community service board may acquire and dispose of real and personal property; (4) Each community service board may contract to utilize the services of the Department of Administrative Services, the State Merit System of Personnel Administration, the state auditor, or any other agency of state, local, or federal government; (5) Each community service board may provide, either independently or through contract with appropriate state or local governmental entities, the following benefits to its employees, their dependents, and survivors, in addition to any compensation or other benefits provided to such persons: (A) Retirement, pension, disability, medical, and hospitalization benefits, through the purchase of insurance or otherwise, but medical and hospitalization

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benefits may only be provided through a contract with the State Personnel Board under the same conditions as provided for such benefits to state employees, and the State Personnel Board shall so contract for those benefits if requested; (B) Life insurance coverage and coverage under federal old age and survivors' insurance programs; (C) Sick leave, annual leave, and holiday leave; and (D) Any other similar benefits including, but not limited to, death benefits; (6) Each community service board may cooperate with all units of local government within the boundaries of the community service board as well as neighboring regions and with the programs of other departments, agencies, and regional commissions and boards; (7) Each community service board shall comply with the provisions of Chapter 20 of Title 45, relating to state personnel administration, and each employee of such board shall be a covered employee as defined in Code Section 45-20-2, subject to the rules and regulations of the state merit system; (8) Each community service board may receive and administer grants, gifts, contracts, moneys, and donations for purposes pertaining to the delivery of disability services; (9) Each community service board may make contracts and establish fees for the provision of disability services; provided, however, that such contract and fees shall be in compliance with guidelines established by the division and the regional board; and (10) Each community service board may accept appropriations or loans of funds, facilities, equipment, and

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supplies from the local governmental entities within their program boundaries. (c) Nothing shall prohibit a community service board from contracting with any county governing authority, private or other public provider, or hospital for the provision of disability services. (d) Each community service board exists for nonprofit and public purposes, and it is found and declared that the carrying out of the purposes of each community service board is exclusively for public benefit and its property is public property. Thus, no community service board shall be required to pay any state or local ad valorem, sales, use, or income taxes. 37-2-6.2. (a) Those employees whose job descriptions, duties, or functions as of June 30, 1994, included the performance of employment duties or functions which will become employment duties or functions of the personnel of the division or a hospital thereof or of a regional board or a community service board on July 1, 1994, which employees were eligible on June 30, 1994, for benefits under the Employees' Retirement System of Georgia and the State Merit System of Personnel Administration, whether in the classified or unclassified service, shall be deemed to be state employees and, if classified, members of the State Merit System of Personnel Administration. Each person thus deemed to be a state employee shall continue to be employed by the entity which is authorized or required on and after July 1, 1994, to perform the duties or functions which were authorized or required to be performed by that employee as of June 30, 1994, whether such entity is the division, a hospital thereof, a regional board, or a community service board, unless such employee resigns, is transferred by the department, or is terminated. Any such transfer or termination shall comply with the applicable rules and procedures of the State Merit System of Personnel Administration. Any such termination from state employment of a classified employee shall not result from the anticipated or actual employment or utilization by: (1) The department;

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(2) A regional board; (3) A community service board; (4) A hospital; or (5) Any private provider of disability services of any person who is not an employee of the state or a political subdivision thereof to perform the duties and functions of such terminated state personnel unless such termination and utilization is the result of a reduction in appropriations for such duties or functions or is the result of a reduction in force caused by any other state department or agency which has ceased to contract with the department for the services which had been provided by the terminated state personnel. While so employed to perform those duties and functions for a community service board, those employees shall remain employees of the state and shall continue to retain all of the employment benefits provided by the state although the department may delegate the control and supervision of such employees to the community service board to which they are assigned. Those employment benefits shall include without being limited to: health, dental, disability, and life insurance options; retirement or pension benefits; federal old age and survivors' insurance; sick, annual, and holiday leave; and coverage under the state merit system. This subsection is intended to maintain the status, position, and rights of persons who are the employees described in this subsection notwithstanding their subsequent performing of duties and functions for a regional board or a community service board. (b) On and after July 1, 1994, personnel of a community service board, other than those described in subsection (a) of this Code section, shall not be employees of the state. 37-2-7. (a) The division shall formulate and publish biennially a state plan for disability services which shall take into account the disability services plans submitted by the regional boards as required by Code Section 37-2-5.2. The state disability services plan shall be comprehensive and shall include public and private institutional and community

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services to the disabled. In developing the state plan, the division shall request input from the regional boards, the community service boards, hospitals, and other public and private providers. The plan shall include an overview of current services and programs and shall also present information on future program, service, educational, and training needs. (b) The plan shall address ways of eliminating, to the extent possible, detrimental delays and interruptions in the administration of disability services when moving an individual from one element of service to another in order to ensure continuity of care and treatment for persons receiving such services. (c) The plan shall further set forth the proposed annual budget of the division and the regional boards taking into account all financial data supplied pursuant to subparagraph (a)(1)(I) of Code Section 37-2-5.2. (d) The plan shall be submitted to the department, the Governor, the General Assembly, the Governor's council, the regional boards, the hospitals, the community service boards, and any other public or private provider requesting a copy of the plan. (e) At such time as the state plan is submitted, the division shall further submit an analysis of services provided, programs instituted, progress made, and the extent of implementation of the previous biennial plan. Such analysis shall measure the effectiveness and the efficiency of the methods of delivering services which ameliorate or prevent disability and restore health. This analysis shall further address the efforts of the division in coordinating services in accordance with Code Section 37-2-9. 37-2-8. Reserved. 37-2-9. To the maximum extent possible, disability services provided by the division and the regional boards, hospitals, community service boards, and other public and private providers shall be coordinated with related activities of the department and judicial, correctional, educational, social,

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and other health service agencies and organizations, both private and public. 37-2-9.1. (a) Each regional board and community service board shall comply with the provisions of Chapter 14 of Title 50, relating to open and public meetings, and Article 4 of Chapter 18 of Title 50, relating to inspection of public records, except where records or proceedings are expressly made confidential pursuant to other provisions of the law. (b) Each regional board, hospital, and community service board and other public and private providers are authorized to establish one or more advisory boards for the purpose of ensuring coordination with various agencies and organizations and providing professional and other expert guidance. 37-2-10. Notwithstanding any other provisions of law, the director, with the concurrence of the commissioner and the Governor, is authorized to establish and administer community programs on an emergency basis in the event one or more community service boards fail to assume responsibility for the establishment and implementation of an adequate range of disability services. 37-2-11. (a) It is the goal of the State of Georgia that every citizen be provided an adequate level of disability care through a unified system of disability services. To this end, the department through the division shall, to the maximum extent possible, allocate funds available for services so as to provide an adequate disability services program available to all citizens of this state. In funding and providing disability services, the division and the regional boards shall ensure that all providers, public or private, meet minimum standards of quality and competency as established by the department and the division. (b) Fees generated, if any, by hospitals, community service boards, and other private and public providers, providing services under contract or purview of the regional board, shall be reported to the regional board and applied wherever appropriate against the cost of providing, and increasing the

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quantity and quality of, disability services. The regional boards with guidance from the division shall be responsible for developing procedures to properly account for the collection, remittance and reporting of generated fees. The regional boards shall work with the community service boards and other public or private providers to develop an appropriate mechanism for accounting for the funds and resources contributed to local disability services by counties and municipalities within the area. Such contributions are not required to be submitted to either the community service board or the regional board; however, appropriate documentation and accounting entries shall make certain that the county or municipality is credited, and if necessary compensated, appropriately for such contribution of funds or resources. (c) No person shall be denied disability services provided by the state as defined in this chapter based on age, gender, race, ethnic origin, or inability to pay. 37-2-11.1. (a) Venue for the purpose of any action against a regional board or community service board shall be the county in which the principal office of such regional board or community program board is located. For purposes of this Code section, `principal office' shall be defined as the facility which houses the executive director or other such top administrator for the regional or community service board. (b) In any legal proceeding, a regional board and the regional unit shall be considered a unit of the division and shall be afforded the assistance of legal counsel from the Attorney General. (c) (1) The community service boards shall be public bodies, but shall not be considered agencies of the state, or any specific county or municipality. Such community service boards are public agencies in their own right and shall have the same immunity as provided for counties. No county shall be liable for any action, error, or omission of a community service board.

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(2) A community service board may employ or contract for legal counsel to assist in performing its duties and shall be authorized to appoint legal counsel to represent the community service board and its employees. The community service board may exercise any authority granted in Article 2 of Chapter 9 of Title 45, relating to the indemnification, defense, and insuring of members and employees of public bodies. 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 regional board shall be required to provide the department or the appropriate regional board 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 regional board unless otherwise specifically authorized by law. 37-2-12. Nothing in this chapter shall be construed to require the designation of any boundaries or the appointment of any board in a manner which conflicts with any federal law applicable thereto or regulations promulgated thereunder. Section 17. Said chapter is further amended by striking subsection (c) of Code Section 37-2-34, relating to powers and duties of the State Commission on Mental Health, Mental Retardation, and Substance Abuse Service Delivery, and inserting in its place a new subsection (c) to read as follows: (c) The commission shall complete its initial plan relating to reorganization of the service delivery system and make a report of its findings and recommendations including

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proposed legislation, if any, to the Governor and to the Board of Human Resources on or before December 1, 1992. The commission shall work with the Governor and the Board of Human Resources to monitor the implementation of organizational policies and programs it recommended in its initial report. In addition, the commission will consider any further statutory, organizational, budgetary, or operational changes which may be necessary and advisable to improve the state-wide mental health, mental retardation, and substance abuse system. The commission shall submit an annual update of its findings and recommendations to the Governor, the General Assembly, and the Board of Human Resources on December 1, 1993, and December 1, 1994. The commission shall stand abolished on December 31, 1994. Section 17.1. Chapter 3 of Title 37 of the Official Code of Georgia Annotated, relating to hospitalization of mentally ill persons, is amended by striking paragraph (3) of Code Section 37-3-1, relating to definitions, and inserting in its place the following: (3) `Community mental health center' means an organized program for the care and treatment of the mentally ill operated by a community service board or other appropriate public provider. Section 17.2. Said chapter is further amended by striking paragraph (1) of Code Section 37-3-61, relating to court ordered evaluation, and inserting in its place the following: (1) Any person may file an application executed under oath with the community mental health center 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 community mental health center 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.

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Section 17.3. Said chapter is further amended by striking Code Section 37-3-101, relating to transportation of patients generally, and inserting in its place the following: 37-3-101. The governing authority of the county of the patient's residence shall arrange for all required transportation of the patient. The type of vehicle employed shall be in the discretion of the governing authority of the county, provided that, whenever possible, marked vehicles normally used for the transportation of criminals or those accused of crimes shall not be used for the transportation of patients. The court shall, upon the request of the community mental health center, order the sheriff to transport the patient in such manner as the patient's condition demands. At any time the community mental health center is satisfied that the patient can be transported safely by family members or friends, such private transportation shall be encouraged and authorized. No female patient shall be transported at any time without another female in attendance who is not a patient, unless such female patient is accompanied by her husband, father, adult brother, or adult son. Section 17.4. Chapter 4 of said Title 37, relating to habilitation of mentally retarded persons, is amended by striking subsection (b) of Code Section 37-4-40.4, relating to evaluation for temporary care, and inserting in its place the following: (b) Within five days, Saturdays, Sundays, and holidays excluded, after a petition is filed authorizing the continued admission of a client under subsection (a) of this Code section, the staff of the facility in which the client is admitted and the representatives of the appropriate community mental retardation program in the client's community shall: (1) Conduct a comprehensive evaluation of the client; (2) Jointly develop an individualized program plan for the client; and

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(3) File a copy of the evaluation and plan with the court petitioned for a hearing under paragraph (1) of subsection (a) of Code Section 37-4-40.3. Section 17.5. Said chapter is further amended by striking Code Section 37-4-61, relating to transportation of clients generally, and inserting in its place the following: 37-4-61. The governing authority of the county of the client's residence shall arrange for all required transportation of the client. The type of vehicle employed shall be determined by the governing authority of the county, provided that, whenever possible, marked vehicles normally used for the transportation of criminals or those accused of crimes shall not be used for the transportation of clients. The court, upon the request of the community mental retardation program, shall order the sheriff to transport the client in such manner as the client's condition demands. At any time such community mental retardation program is satisfied that the client can be transported safely by family members or friends, such private transportation shall be encouraged and authorized. No female client shall be transported at any time without another female in attendance who is not a client, unless such female client is accompanied by her husband, father, adult brother, or adult son. Section 17.6. Chapter 6 of said Title 37, relating to day-care centers for the mentally retarded, is amended by striking Code Section 37-6-4, relating to grants-in-aid for purchase of day-care services, and inserting in its place the following: 37-6-4. The department is authorized and empowered to make grants-in-aid to county boards of health to purchase care and training for mentally retarded individuals from privately operated, nonprofit day-care centers provided these mentally retarded individuals have been certified as eligible for financial assistance. Section 17.7. Chapter 7 of said Title 37, relating to hospitalization of alcoholic and drug dependent persons, is amended by striking paragraph (6) of Code Section 37-7-1, relating to definitions, and inserting in its place the following:

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(6) `Community mental health center' means an organized program for the care and treatment of alcoholics, drug dependent individuals, or drug abusers operated by a community service board or other appropriate public provider. Section 17.8. Said chapter is further amended by striking paragraph (1) of Code Section 37-7-61, relating to petitions for court ordered evaluations, and inserting in its place the following: (1) Any person may file an application executed under oath with the community mental health center 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 community mental health center 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. Section 17.9. Said chapter is further amended by striking Code Section 37-7-101, relating to transportation of patients generally, and inserting in its place the following: 37-7-101. The governing authority of the county of the patient's residence shall arrange for all required transportation of the patient. The type of vehicle employed shall be in the discretion of the governing authority of the county, provided that, whenever possible, marked vehicles normally used for the transportation of criminals or those accused of crimes shall not be used for the transportation of patients. The court shall, upon the request of the community mental health center, order the sheriff to transport the patient in such manner as the patient's condition demands. At any time the community mental health center is satisfied that the patient can be transported safely by family members or friends, such private transportation shall be encouraged and authorized. No female patient shall be transported at any time without another female in attendance who is not a patient,

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unless such female patient is accompanied by her husband, father, adult brother, or adult son. Section 18. An Act creating a State Commission on Mental Health, Mental Retardation, and Substance Abuse Service Delivery, approved April 13, 1992 (Ga. L. 1992, p. 1357), is amended by striking Section 3 thereof and inserting in its place a new section to read as follows: Section 3. This Act shall stand repealed on December 31, 1994. Section 18.1. Nothing in this Act shall be construed to repeal any provision of Chapter 5 of Title 37 of the Official Code of Georgia Annotated, the Community Services Act for the Mentally Retarded. Section 19. This Act shall become effective on July 1, 1994; provided, however, that provisions relating to the establishment of regional and community service board boundaries and the appointments of regional boards and community service boards shall become effective on July 1, 1993, or upon whatever date is stipulated in the Act and provided, further, that the provisions authorizing a county board of health to agree to serve as the lead county board of health for only that county shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval. Section 19.1. This Act shall stand repealed on June 30, 1999. Section 20. All laws and parts of laws in conflict with this Act are repealed. Approved April 27, 1993.

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COMMERCIAL REAL ESTATE BROKER LIEN ACT LIENS OF COMMERCIAL REAL ESTATE BROKERS; CONDITIONS; ATTACHMENT; RECORDING; NOTICE; CIVIL ACTIONS; ESCROW ACCOUNTS; RELEASE. Code Title 44, Chapter 14, Article 8, Part 15 Enacted. No. 553 (House Bill No. 523). AN ACT To amend Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens, so as to provide a short title; to provide definitions; to provide for liens of commercial real estate brokers; to provide conditions for such liens; to provide for the attachment of such liens; to provide for recording of claims for liens; to provide for the contents of the lien notice and other matters relative to such notice; to provide for civil actions to enforce such liens; to provide for pleadings and other matters relative to such actions; to provide for escrow accounts in connection with claims for liens; to provide for release or extinguishment of such liens; 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 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens, is amended by adding a new Part 15 to read as follows: Part 15 44-14-600. This part shall be known and may be cited as the `Commercial Real Estate Broker Lien Act.' 44-14-601. As used in this part, the term: (1) `Broker' means a broker as defined in paragraph (2) of Code Section 43-40-1.

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(2) `Client' means a person or entity having an interest in real property that has entered into a written brokerage agreement with a real estate broker relative to such property. (3) `Commercial real estate' means any real estate other than real estate containing one to four residential units; real estate on which no buildings or structures are located and which is not zoned for nor available for commercial, multifamily, or retail use; or real estate classified as agricultural for tax assessment purposes. Commercial real estate shall not include single-family residential units such as condominiums, townhomes, mobile homes, or homes in a subdivision when sold, leased, or otherwise conveyed on a unit by unit basis even though these units may be part of a larger building or parcel of real estate containing more than four residential units. (4) `Conveyance' means a sale, lease, or other transfer of commercial real estate. (5) `Real estate' means real estate as defined in paragraph (8) of Code Section 43-40-1. 44-14-602. (a) Any real estate broker who is not an employee or independent contractor of another real estate broker shall have a lien, in the amount of the compensation agreed upon by and between the broker and the landlord or seller or other client or customer, upon commercial real estate or any interest in commercial real estate: (1) Arising out of a listing agreement or any other agreement for the management, sale, or lease of or otherwise conveying any interest in the commercial real estate as evidenced by a writing signed by the owner or its expressly authorized agent and with written notice to the party whose property may be liened, if different from the parties to the agreement; (2) As to which the broker or broker's employees or independent contractors have provided licensed services that result in the procuring of a person or entity ready,

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willing, and able to enter and who actually enters into a purchase or lease or otherwise accepts a conveyance of the commercial real estate or any interest in the commercial real estate upon terms acceptable to the owner as evidenced by an agreement or conveyance signed by the owner or its expressly authorized agent and with written notice to the party whose property may be liened, if different from the parties to the agreement; or (3) When a broker having a written agreement with a prospective buyer or tenant to represent the buyer or tenant as to the purchase, lease, or other conveyance of commercial real estate becomes entitled to compensation and with written notice to the party whose property may be liened, if different from the parties to the agreement. (b) A lien shall attach to the commercial real estate, or any interest in commercial real estate as described in subsection (a) of this Code section, upon the broker's recording a notice of lien in the county land records in the office of the clerk of the superior court in the county in which the real property or interest in the real property is located. (c) When payment to a broker is due in one lump sum and not paid, the claim for lien must be recorded within 90 days after the tenant takes possession of the leased premises or the transaction procured by the broker is closed. (d) When payment to a broker is due in installments, all or a portion of which is due only after a conveyance of the commercial real estate, any claim for lien for those payments due after conveyance may be recorded at any time subsequent to the conveyance so long as the claim for lien is recorded within 90 days of the date the payment was due and not paid. (e) If a broker has a written agreement with a client as provided for in paragraph (3) of subsection (a) of this Code section, then the lien shall attach to the client's interest upon the client's purchasing, leasing, or otherwise accepting a conveyance of the commercial real estate and the recording of a notice of lien by the broker in the county land records,

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in the office of the clerk of the superior court of the county in which the real property or interest in the real property is located, within 90 days after the later of purchase, lease, or other conveyance or transfer to the buyer or tenant or the failure of the buyer or tenant to compensate the broker or to cause the broker to be compensated pursuant to its agreement. (f) If a broker has a written management agreement for an improved property, then the claim for lien must be recorded within 90 days of the termination of the agreement. (g) If a broker claims a lien based upon an option to purchase or lease, the lien must be filed within 90 days of the date the transaction for which a commission or other fee is due or within 90 days of the date the transaction for sale, lease, or other conveyance is closed, whichever is later. (h) The lien notice shall state the name of the claimant, the name of the owner, a description of the property upon which the lien is being claimed, the amount for which the lien is claimed, and the real estate license number of the broker. The notice of lien shall recite that the information contained in the notice is true and accurate to the knowledge of the signatory. The lien notice shall recite that the broker has disclosed to all parties that a lien might be claimed under this part. The notice of lien shall be signed by the broker or by a person expressly authorized to sign on behalf of the broker and shall be verified. (i) The broker shall mail a copy of the notice of lien to the owner of the commercial real estate by certified mail. The broker's lien shall be void and unenforceable if recording does not occur within the time and in the manner required by this Code section. (j) (1) A broker may bring suit to enforce a lien in the superior court in the county where the property is located by filing a verified complaint and sworn affidavit that the lien has been recorded. Within one year after recording the lien, the broker claiming a lien shall commence proceedings by filing a complaint. Failure to commence

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proceedings within one year after recording the lien shall extinguish the lien. A broker claiming a lien based upon an option to purchase or lease shall, within six months after the transfer or conveyance of the commercial real estate under the exercise of the option, commence proceedings by filing a complaint. Failure to commence proceedings within this time shall extinguish the lien. (2) No subsequent notice of lien may be given for the same claim nor may that notice be asserted in any proceedings under this part. (3) A complaint under this subsection shall contain a brief statement of the contract or agreement on which the lien is founded, the date when the contract or agreement was made, a description of the services performed, the amount due and unpaid, a description of the property that is subject to the lien, and other facts necessary to state a claim for the payment of a commission, fee, or other compensation due the broker. The plaintiff shall make all interested parties, whose interest in the real estate is affected by the action, and of whom the plaintiff is notified or has knowledge, defendants to the action, and shall issue summons and provide service as in other civil actions. Complaint, answer, summons, service, and all other particulars of suit shall be made in accordance with Chapter 11 of Title 9, the `Georgia Civil Practice Act.' All liens claimed under this part shall be foreclosed as provided for in Code Section 44-14-530. (k) The costs and expenses of all proceedings brought under this part, including reasonable attorney's fees actually incurred, costs, and prejudgment interests due to the prevailing party, shall be borne by the nonprevailing party or parties. When more than one party is responsible for costs, fees, and prejudgment interests, the costs, fees, and prejudgment interests shall be equitably apportioned by the court among those responsible parties. 44-14-603. Prior recorded liens and liens for ad valorem taxes shall have priority over a broker's lien.

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44-14-604. Except as otherwise provided in this Code section, whenever a claim for lien has been filed with the clerk of a superior court that would prevent the closing of a transaction or conveyance, an escrow account shall be established from the proceeds from the transaction or conveyance in an amount sufficient to release the claim for lien. The requirement to establish an escrow account, as provided for in this Code section, shall not be cause for any party to refuse to close the transaction. These moneys shall be held in escrow until the parties' rights to the escrowed moneys have been determined by written agreement of the parties, by a court of law, or by any other process which may be agreed to by the parties for resolution of their dispute. Upon the escrow of funds in the amount of the claimed lien, the lien or claim of lien shall be automatically dissolved. Upon the release of the commercial real estate lien by the broker, the broker shall be deemed to have an equitable lien on the escrow funds pending a resolution of the broker's claim and the escrow shall not be released until a resolution is reached and agreed to by all necessary parties or ordered by a court. The parties are not required to follow this escrow procedure if alternative procedures which would allow the transaction to close are available and are acceptable to the transferee in the transaction. If the proceeds from the transaction are insufficient to release all liens claimed against the commercial real estate, including the broker's lien, then the parties are not required to follow the escrow procedure in this Code section. 44-14-605. (a) Whenever a claim for lien has been filed with the superior court and a condition occurs that would preclude the broker from receiving compensation under the terms of the broker's written agreement, the broker shall provide to the owner of record a written release or satisfaction of the lien. (b) Upon written demand of the owner, lienee, or other authorized agent served on the broker claiming the lien requiring that suit be commenced to enforce the lien or answer be filed in a pending suit, a suit shall be commenced or answer filed in a pending suit, within 90 days thereafter, or the lien shall be extinguished. Service of such demand shall be in

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the manner required by Chapter 11 of Title 9, the `Georgia Civil Practice Act,' for the service of a summons and complaint. (c) Whenever a claim for lien has been timely filed with the clerk of the superior court and is paid, or where there is failure to institute a suit to enforce the lien within the time provided by this part, the lien shall be invalid and the broker shall acknowledge satisfaction or release of the lien, in writing, on written demand of the owner within 30 days after payment or expiration of the time in which to perfect the lien. This release of the broker shall not be required to invalidate the lien. (d) The broker's right to file and record a lien provided for in this part shall be dissolved if the owner, purchaser from owner, lender providing a loan secured by commercial real estate, or other holder of lienable interest in commercial real estate shows that: (1) The lien has been waived in writing by the lien claimant or its expressly authorized agent; or (2) The owner or a person at whose instance the brokerage or management services were provided has given a sworn written statement that all such compensation due or to become due has been paid or has been waived in writing by the potential lien claimant; and (3) At the time the sworn written statement was obtained or given as part of a bona fide sale or a loan secured by the commercial real estate, the lien of record had not been previously canceled, dissolved, or expired. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 27, 1993.

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REGULATION OF RESPIRATORY CARE PROFESSIONALS RESPIRATORY CARE REDEFINED; CERTIFICATION; TEMPORARY PERMITS; RECIPROCITY; MISDEMEANOR OFFENSE TO PRACTICE WITHOUT CERTIFICATION; EXEMPTIONS; IMMUNITY FOR CERTAIN EMERGENCY CARE. Code Sections 43-34-142 through 43-34-145 and 43-34-150 Amended. Code Sections 43-34-147.1 and 43-34-147.2 Enacted. No. 554 (House Bill No. 491). AN ACT To amend Article 6 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, the Respiratory Care Practices Act, so as to change the provisions relating to definitions; to change the powers of the Composite State Board of Medical Examiners; to change the provisions regarding persons who may obtain certification without meeting certain requirements; to change the provisions relating to certification requirements; to provide for temporary permits and reciprocity; to prohibit certain practices and the use of certain terms and provide for exceptions and penalties; to provide for the applicability of a certain law; to provide for statutory construction; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 6 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, the Respiratory Care Practices Act, is amended by striking Code Section 43-34-142, relating to definitions, and inserting in its place the following Code section: 43-34-142. As used in this article, the term: (1) `Board' means the Composite State Board of Medical Examiners as created by Code Section 43-34-21.

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(2) `Respiratory care' means the rendering of services to patients with deficiencies or abnormalities which affect the pulmonary and cardiac systems and which services involve therapy, management, rehabilitation, diagnostic evaluation, education, or care of such patients with regard to such deficiencies or abnormalities. (3) `Respiratory care professional' means any person certified under this article to practice respiratory care. Section 2. Said article is further amended by striking paragraph (3) of Code Section 43-34-143, relating to powers of the board, and inserting in its place the following paragraph: (3) Examine for, approve, issue, deny, revoke, suspend, and renew the certification of respiratory care professional applicants and certificate holders under this article and conduct hearings in connection with these actions;. Section 3. Said article is further amended by striking Code Section 43-34-144, authorizing certain persons to obtain a certificate without examination, and inserting in its place the following Code section: 43-34-144. The board shall, upon application and payment of fees, issue a certification to perform respiratory care to persons who are not certified under this article but who were practicing respiratory care in this state upon the date this Code section becomes effective in 1993 upon written evidence of such practice verified under oath. Such persons shall complete their application for certification no later than 18 months following the date this Code section becomes effective in 1993. A person granted a certification under this Code section shall be subject to the other provisions of this article relating to persons granted such certifications under Code Section 43-34-145, including but not limited to continuing education requirements. Section 4. Said article is further amended by striking Code Section 43-34-145, relating to requirements for certification, and inserting in its place the following Code section:

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43-34-145. (a) Each applicant for certification as a respiratory care professional shall meet the following requirements: (1) Is at least 18 years of age; (2) Has submitted a completed application as required by the board; (3) Has submitted any fees required by the board; (4) Has successfully passed the entry level examination given by the National Board for Respiratory Care, Inc., or such other examination as the board may in its discretion administer or approve; and (5) Has met such other requirements as may be prescribed by the board. (b) In addition to the requirements specified in subsection (a) of this Code section, each applicant for certification under this chapter shall be working under the supervision or direction of a person licensed under Article 2 of this chapter and shall, in order to maintain certification, continue to work under the supervision or direction of a person licensed under Article 2 of this chapter. Section 5. Said article is further amended by adding following Code Section 43-34-147 the following Code sections: 43-34-147.1. Upon payment of a fee determined by the board, a temporary permit may be issued to practice respiratory care for a period of: (1) Twelve months to an applicant for certification under Code Section 43-34-147.2 providing that applicant presents written evidence verified by oath that the applicant was certified, licensed, or practicing respiratory care within the last 12 months in another state; or (2) Eighteen months to a person who is a graduate of an accredited respiratory therapy program accredited

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by the Committee on Allied Health Education and Accreditation, or the equivalent thereof as accepted by the board, pending completion of the other requirements for certification under this article. 43-34-147.2. An individual who has been granted certification, registration, licensure, or other authority by whatever name known to practice respiratory care in another state having requirements for such authority to practice which are substantially equal to or which exceed the requirements for a similar certificate in this state may petition the board for reciprocity in this state and, upon submission of an application and requisite fees and upon verification by oath and submission of evidence acceptable to the board, may be granted a certificate to practice respiratory care in Georgia. Section 6. Said article is further amended by striking Code Section 43-34-150, relating to the prohibition against the use of certain titles, and inserting in its place the following Code section: 43-34-150. (a) Unless certified under this article or exempted under subsection (b) of this Code section, no person shall: (1) Practice respiratory care; or (2) Represent himself or herself to be a respiratory care professional who is certified under this article. (b) The prohibition in subsection (a) of this Code section does not apply to: (1) The delivery of respiratory care by health care personnel who have been formally trained in these modalities and who are duly licensed to provide that care under any other provision of this title; (2) The practice of respiratory care which is an integral part of the program of study by students enrolled in a respiratory care education program recognized by the Joint Review Committee for Respiratory Therapy Education

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and the American Medical Association Committee on Allied Health Education and Accreditation (CAHEA) or the equivalent thereof as accepted by the board. Students enrolled in respiratory therapy education programs shall be identified as `student-RCP' and shall only provide respiratory care under direct clinical supervision; (3) Self-care by a patient or gratuitous care by a friend or family member who does not represent or hold himself or herself out to be a respiratory care professional; (4) Respiratory care services rendered in the course of an emergency or disaster; (5) Persons in the military services or working in federal facilities when functioning in the course of their assigned duties; (6) The performance of respiratory care diagnostic testing by individuals who are certified or registered as pulmonary function technologist by the National Board for Respiratory Care, or equivalent certifying agency, as recognized by the board; (7) The delivery, assembly, setup, testing, and demonstration of oxygen and aerosol equipment upon the order of a physician licensed under Article 2 of this chapter; or (8) Persons who perform limited respiratory care procedures under the supervision of a certified respiratory care professional in a hospital or nursing home when the board has defined the competencies required to perform such limited respiratory care procedures. (c) Any person violating the prohibition of subsection (a) of this Code section shall be guilty of a misdemeanor. (d) Practitioners regulated under this article shall be covered pursuant to Code Section 51-1-29.

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(e) Nothing in this article shall be construed to permit the practice of medicine as defined by this chapter. 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 27, 1993. MOTOR FUEL TAX LAW DEFINITIONS ADDED; MINIMUM DOCUMENTATION FOR INTERSTATE AND INTERNATIONAL SHIPMENTS; REPORTS BY TERMINAL OPERATORS; EXPORT EXEMPTIONS; VIOLATIONS; RULES. Code Sections 48-9-2, 48-9-3, 48-9-9, and 48-9-17 Amended. No. 555 (House Bill No. 630). AN ACT To amend Article 1 of Chapter 9 of Title 48 of the Official Code of Georgia Annotated, known as the Motor Fuel Tax Law, so as to define terms relating to the importation, exportation, and storage of such motor fuels; to establish minimum documentation for interstate and international shipments of motor fuels; to provide for reports by operators of terminals; to provide penalties for violations; 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 48 of the Official Code of Georgia Annotated, known as the Motor Fuel Tax Law, is amended by adding between paragraphs (5) and (6) of

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Code Section 48-9-2, relating to definitions applicable in said article, a new paragraph (5.1) to read as follows: (5.1) `Export and import' means: (A) When motor fuels are sold for export and delivered across the boundaries of this state by or for the seller, such action is presumed to be an export from the place of origin and an import into the destination state or country by the seller; and (B) When motor fuels are purchased for export and transported across the boundaries of this state by or for the purchaser, such action is presumed to be an export from the place of origin and an import into the destination state or country by the purchaser. Section 2. Said article is further amended by adding between paragraphs (8) and (9) of Code Section 48-9-2, relating to definitions applicable in said article, a new paragraph (8.1) to read as follows: (8.1) `Loading rack' means that part of a terminal facility by which motor fuels are physically removed from the terminal facility into transport tank trucks, marine vessels, or rail cars. Section 3. Said article is further amended by adding between paragraphs (15) and (16) of Code Section 48-9-2, relating to definitions applicable in said article, a new paragraph (15.1) to read as follows: (15.1) `Terminal' means a motor fuel storage and distribution facility that is supplied by pipeline or marine vessel and from which motor fuels may be removed by either a loading rack or user pipeline. However, the term does not include any facility at which petroleum blend stocks and additives are used to manufacture products other than motor fuel and from which no motor fuel is removed. Section 4. Said article is further amended by adding at the end of Code Section 48-9-3, relating to levy of excise tax

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and taxation of motor fuels not commonly sold or measured by the gallon, a new subsection (d) to read as follows: (d) No export from this state shall be recognized as being exempt from tax under paragraphs (2) and (3) of subsection (b) of this Code section unless the exporter informs the seller and the terminal operator of the intention to export and causes to be set out the minimum information specified in subsection (e) of Code Section 48-9-17 on the bill of lading or equivalent documentation under which the motor fuel is transported. In the event that the motor fuel is delivered to any point other than that which is set out on the bill of lading or equivalent documentation, the legal incidence of the tax shall continue to be imposed exclusively upon the exporter who caused the export documentation to be issued and no exemption shall be recognized until suitable proof of exportation has been provided to the commissioner. Section 5. Said article is further amended by striking in its entirety subparagraph (a)(1)(A) of Code Section 48-9-9, relating to reports of motor fuel deliveries, and inserting in lieu thereof a new subparagraph (A) to read as follows: (A) Each of the following companies and carriers transporting motor fuel either in interstate or in intrastate commerce to points within this state: (i) Every railroad company; (ii) Every street, suburban, or interurban railroad company; (iii) Every pipeline company; (iv) Every water transportation company; (v) Every common or contract carrier; and (vi) Every operator of a terminal;. Section 6. Said article is further amended by striking subsections (d) and (f) of Code Section 48-9-9, relating to reports

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of motor fuel deliveries, and inserting in their place new subsections (d) and (f), respectively, to read as follows: (d) (1) Every person transporting motor fuel over the public highways or navigable waters of this state shall have in such person's possession an invoice, bill of sale, or other document which identifies: (A) The true name and address of the person from whom the motor fuel was received; (B) The number of gallons originally received; (C) The true name and address of every person who has received any part of the fuel; (D) The number of gallons delivered to such persons; and (E) The state of destination as represented to the transporter by the person who arranged the transportation. (2) Failure to produce such invoice, bill of sale, or other document when demanded or failure of a document produced upon demand to meet the requirements of this Code section shall be prima-facie evidence of a violation of this article. (3) The transporter shall leave a copy of the invoice, bill of lading, or other documentation with each person who receives the fuel into bulk storage for resale. (f) Every person purchasing or otherwise acquiring motor fuel in bulk quantities for sale, use, or other disposition in this state who is not required to be licensed as a distributor by this article may be required to file by the twentieth day of each calendar month a report on forms prescribed by the commissioner to account for all such motor fuel acquired during the preceding calendar month. Every operator of a terminal who receives motor fuel in bulk for storage

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shall include on a report to the commissioner the names of all persons who are storing fuel in the terminal and the quantity received, stored, and delivered during the month on behalf of each such account. The report shall specify what portion of the deliveries recorded for each account were within the terminal to others and what portion was removed from the terminal facility via the loading rack. The report shall identify the state or country of destination of the deliveries as reflected on the bills of lading issued by the terminal operator. Section 7. Said article is further amended by adding at the end of Code Section 48-9-17, relating to violations of said article and penalties, new subsections (e) and (f) to read as follows: (e) (1) It shall be unlawful for any person to import or export motor fuels across the boundaries of this state without a bill of lading from the terminal of origin or equivalent documentation setting out, in addition to the information required by subsection (d) of Code Section 48-9-9, at least the location of the terminal of origin and state or country of destination. The form, procedure, acceptable equivalent documentation, and any additional information shall be set out in rules and regulations as adopted by the commissioner. (2) Any person who violates paragraph (1) of this subsection shall be guilty of a misdemeanor. (f) (1) It shall be unlawful for any retail dealer, distributor, or bulk user in this state knowingly to accept delivery of motor fuel that is not accompanied by a bill of lading, invoice, or other shipping document, as specified in paragraph (3) of subsection (d) of Code Section 48-9-9, issued by the terminal operator which sets out on its face Georgia as the state of destination. (2) Any person who violates paragraph (1) of this subsection shall be guilty of a misdemeanor and become jointly liable with the distributor of the motor fuels for the taxes due under this article.

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(3) In the event the shipment of motor fuel did not originate from a terminal whose operator is obligated to set out this information, the commissioner is authorized to adopt by rules or regulations equivalent documentation requirements. The commissioner is further authorized to adopt rules and regulations setting out procedures to amend such documentation should the shipment have to be diverted from its original destination. Section 8. All laws and parts of laws in conflict with this Act are repealed. Approved April 27, 1993. INSURANCE SMALL BUSINESS PROTECTION ACT OF 1993; WORKERS' COMPENSATION POLICIES; CANCELLATION OR NONRENEWAL NOTICES; CERTIFIED MAIL. Code Section 33-24-47 Amended. No. 556 (Senate Bill No. 240). AN ACT To provide a short title; to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide that, with regard to policies of workers' compensation, certain insurance cancellation or nonrenewal notice requirements shall be satisfied by the dispatching of the notice by certified mail, return receipt requested; to provide for the time of the dispatching of such notice; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. This Act shall be known and may be cited as the Small Business Protection Act of 1993.

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Section 2. 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, relating to notices of termination, increases in premium rate, or changes restricting coverage, and inserting in its place a new Code Section 33-24-47 to read as follows: 33-24-47. (a) Each insurer licensed to transact business in this state which issues or issues for delivery in this state policies or contracts of insurance insuring risks or residents in this state and insuring against liability for loss of, damage to, or injury to persons or property shall comply with the provisions of this Code section. This Code section shall not apply to personal automobile or personal property and casualty insurance policies. Cancellation of a policy for failure of the named insured to discharge when due any obligations in connection with the payment of premiums or cancellation for any reason of a policy that has been in effect for less than 60 days shall be governed by the provisions of Code Section 33-24-44. (b) A notice of termination, including a notice of cancellation or nonrenewal, by the insurer, a notice of an increase in premiums, other than an increase in premiums due to a change in risk or exposure, including a change in experience modification or resulting from an audit of auditable coverages, which exceeds 15 percent of the current policy's premium, or a notice of change in any policy provision which limits or restricts coverage shall be delivered to the insured in person or by depositing the notice in the United States mail, to be dispatched by at least first-class mail to the last address of record of the insured, at least 45 days prior to the termination date of such policy; provided, however, that a notice of cancellation or nonrenewal of a policy of workers' compensation insurance shall be controlled by the provisions of subsection (f) of this Code section. In those instances where an increase in premium exceeds 15 percent, the notice to the insured shall indicate the dollar amount of the increase. The insurer may obtain a receipt provided by the United States Postal Service as evidence of mailing such notice or such other evidence of mailing as prescribed or accepted by the United States Postal Service.

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(c) The failure of an insurer to comply with the requirements of subsection (b) of this Code section shall entitle the policyholder to purchase, under the same premiums and policy terms and conditions, an additional 30 day period of insurance coverage beyond the termination date of such policy; provided, however, that the policyholder shall tender the premium amount, computed on a pro rata basis, to the insurer on or before the termination date. No provision of this Code section shall be construed as requiring the insurance coverage under a policy to be extended for more than 30 days from the termination date stated in such policy. There shall be no liability on the part of and no cause of action of any nature shall arise against the Commissioner or the Commissioner's employees or against any insurer, its authorized representatives, its agents, its employees, or any firm, person, or corporation furnishing to the insurer information as to reasons for cancellation or nonrenewal for any statement made by any of them and in written notice of cancellation or nonrenewal or in any other communication, oral or written, specifying the reasons for cancellation or nonrenewal or providing information pertaining thereto or for statements made or evidence submitted at any formal or informal hearing conducted in connection therewith. (d) This Code section shall not apply to policies canceled in accordance with the provisions of Chapter 22 of this title. (e) Cancellation by the insured shall be accomplished in accordance with Code Section 33-24-44.1. (f) A notice of cancellation or nonrenewal of a policy of workers' compensation insurance shall be dispatched to the insured by certified mail, return receipt requested, to the last address of record of the insured at least 75 days prior to the termination date of such policy. The workers' compensation insurer shall retain the receipt of mailing provided by the United States Postal Service as evidence of mailing.

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Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 27, 1993. SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY LICENSING; PROVISIONAL LICENSES; EXEMPTION FOR CERTIFIED EMPLOYEES OF EDUCATIONAL INSTITUTIONS; CONDITIONS AND LIMITATIONS FOR PROVISIONAL LICENSES. Code Sections 43-44-3, 43-44-7, and 43-44-8 Amended. No. 557 (Senate Bill No. 88). AN ACT To amend Chapter 44 of Title 43 of the Official Code of Georgia Annotated, relating to speech-language pathology and audiology, so as to change the provisions relating to definitions; to change an exemption from licensing; to provide for the granting of provisional licenses to certain persons employed in educational institutions under certain conditions; 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 44 of Title 43 of the Official Code of Georgia Annotated, relating to speech-language pathology and audiology, is amended by adding at the end of Code Section 43-44-3, relating to definitions, the following paragraph: (3.1) `Provisional license' means any temporary license issued by the board pursuant to standards and procedures determined by the board or pursuant to paragraph (1) of subsection (c) of Code Section 43-44-8. Except for a provisional license granted pursuant to paragraph (1) of subsection

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(c) of Code Section 43-44-8, a provisional license shall not be granted for a total period of time to exceed one year. Section 2. Said chapter is further amended by striking paragraph (1) of subsection (b) of Code Section 43-44-7, relating to persons requiring licenses, and inserting in its place a new paragraph to read as follows: (1) Licensure is not required of a speech-language pathologist certified by the Department of Education or Professional Standards Commission or successor agency while that person is working as an employee of an educational institution, provided that no fees are charged for the services either directly or through a third party. Section 3. Said chapter is further amended by adding at the end of Code Section 43-44-8, relating to licensing requirements, a new subsection to read as follows: (c) (1) Notwithstanding any other provisions of this chapter, any person certified by the Department of Education, the Professional Standards Commission, or any successor agency as an audiologist and not licensed by the board as of June 30, 1993, and working as an employee of an educational institution for at least nine months prior to July 1, 1993, shall be granted a provisional license by the board to practice audiology if application therefor showing that such person meets the requirements of this paragraph is made to the board no later than December 31, 1993. A person who is granted a provisional license pursuant to this paragraph shall have that provisional license renewed by the board only upon compliance with the other requirements of this chapter relating to license renewal, including but not limited to meeting any continuing education requirements established for license renewal. A person granted a provisional license pursuant to this paragraph shall be authorized to practice and to hold himself or herself out as being authorized to practice audiology only while that person is working as an employee of an educational institution and if no fees are charged for such services either directly or through a third party.

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(2) Notwithstanding any other provision of this chapter, no person licensed as an audiologist under paragraph (1) of subsection (c) of this Code section shall be entitled to engage in the practice of selling or dispensing hearing aids unless such person meets all requirements for licensure as an audiologist contained in subsection (a) of this Code section. (3) Notwithstanding any other provision of this chapter, a provisional license granted under paragraph (1) of this subsection shall expire as of July 1, 1997, and shall not be subject to renewal thereafter. Section 4. Section 2 of this Act shall become effective January 1, 1994. The remaining provisions of this Act shall become effective upon the approval of this Act 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 27, 1993. INSURANCE WORKERS' COMPENSATION POLICIES; PREMIUM REDUCTION; DRUG-FREE WORKPLACE. Code Section 33-9-40.2 Enacted. Code Title 34, Chapter 9, Article 11 Enacted. No. 558 (House Bill No. 811). AN ACT To amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to insurance rates, underwriting rules, and related organizations, so as to provide for a premium reduction applicable to policies of workers' compensation insurance if the insured under such policy establishes and maintains a drug-free workplace program which complies with certain requirements;

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to provide for matters relative to such discounts; to authorize rules and regulations by the Commissioner of Insurance; to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide for intent; to provide definitions; to provide requirements for a drug-free workplace program which will enable an employer to qualify for a premium discount applicable to such employer's policy of workers' compensation insurance; to provide for substance abuse testing and procedures relative thereto; to provide for Employee Assistance Programs; to provide for employee education and supervisor training; to provide for applicability and construction; to provide for confidentiality of certain information; to provide for certification by the State Board of Workers' Compensation and fees relative thereto; to authorize rules and regulations by the State Board of Workers' Compensation; 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 9 of Title 33 of the Official Code of Georgia Annotated, relating to insurance rates, underwriting rules, and related organizations, is amended by adding immediately following Code Section 33-9-40.1, relating to rates of workers' compensation policies issued to business entities with a majority interest being held by the same person, a new Code Section 33-9-40.2 to read as follows: 33-9-40.2 (a) For each policy of workers' compensation insurance issued or renewed in the state on and after July 1, 1993, there shall be granted by the insurer a 5 percent reduction in the premium for such policy if the insured has been certified by the State Board of Workers' Compensation as having a drug-free workplace program which complies with the requirements of Article 11 of Chapter 9 of Title 34 and has notified its insurer in writing of such certification. (b) (1) The premium discount provided by this Code section shall be applied to an insured's policy of workers' compensation insurance pro rata as of the date the insured

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receives certification by the State Board of Workers' Compensation and shall continue for a period not to exceed four years; provided, however, an insurer shall not be required to credit the actual amount of the premium discount to the account of the insured until the final premium audit under such policy. Certification by an insured shall be required for each of the four years in which such premium discount is granted. Thereafter, any premium discount pursuant to this article shall be determined from the insured's experience rating plan or in the case of an insured not rated upon experience, as provided in paragraph (2) of this subsection. (2) With respect to an insured which is not rated upon experience, any premium discount given an insured pursuant to this article after the initial four-year period provided in paragraph (1) of this subsection shall be determined by the Commissioner based upon data received from the rating and statistical organization designated by the Commissioner pursuant to this chapter. (c) The workers' compensation insurance policy of an insured shall be subject to an additional premium for the purposes of reimbursement of a previously granted premium discount and to cancellation in accordance with the provisions of the policy if it is determined by the State Board of Workers' Compensation that such insured misrepresented the compliance of its drug-free workplace program with the provisions of Article 11 of Chapter 9 of Title 34. (d) Each insurer shall make an annual report to the rating and statistical organization designated by the Commissioner pursuant to this chapter illustrating the total dollar amount of drug-free workplace premium credit. Standard earned premium figures reported pursuant to this subsection on the aggregate calls for experience must reflect the effects of such credits. The net standard premium will then be the basis of any premium adjustment. The drug-free workplace credits must be reported under a unique classification code or unit statistical reports submitted to the rating and statistical organization designated by the Commissioner pursuant to Chapter 9 of this title.

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(e) The Commissioner shall be authorized to promulgate rules and regulations necessary for the implementation and enforcement of this Code section. Section 2. Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, is amended by adding a new Article 11 to read as follows: ARTICLE 11 34-9-410. It is the intent of the General Assembly to promote drug-free workplaces in order that employers in this state be afforded the opportunity to maximize their levels of productivity, enhance their competitive positions in the marketplace, and reach their desired levels of success without experiencing the costs, delays, and tragedies associated with work related accidents resulting from substance abuse by employees. 34-9-411. As used in this article, the term: (1) `Alcohol' means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced. (2) `Chain of custody' means the methodology of tracking specified materials, specimens, or substances for the purpose of maintaining control and accountability from initial collection to final disposition for all such materials, specimens, or substances and providing for accountability at each stage in handling, testing, and storing materials, specimens, or substances and reporting test results. (3) `Confirmation test,' `confirmed test,' or `confirmed substance abuse test' means a second analytical procedure used to identify the presence of a specific drug or metabolite in a specimen. The confirmation test must be different in scientific principle from that of the initial test procedure. This confirmation method must be capable of providing requisite specificity, sensitivity, and quantitative accuracy.

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(4) `Drug' means amphetamines, cannabinoids, cocaine, phencyclidine (PCP), methadone, methaqualene, opiates, barbiturates, benzodiazepines, propoxyphene, or a metabolite of any such substances. An employer may test an individual for any or all of these. (5) `Employee' means any person who works for salary, wages, or other remuneration for an employer. (6) `Employee Assistance Program' means a program designed to assist in the identification and resolution of job performance problems associated with employees impaired by personal concerns. A minimum level of core services must include consultation and training; professional, confidential, appropriate, and timely problem assessment services; short-term problem resolution; referrals for appropriate diagnosis, treatment, and assistance; follow-up and monitoring; employee education; and quality assurance. (7) `Employer' means a person or entity that is subject to the provisions of this chapter but shall not include the state or any department, agency, or instrumentality of the state; any county; any county or independent school system; any municipal corporation; or any employer which is self-insured for the purposes of this chapter. (8) `Initial test' means a sensitive, rapid, and reliable procedure to identify negative and presumptive positive specimens. All initial tests shall use an immunoassay procedure or an equivalent procedure or shall use a more accurate scientifically accepted method approved by the National Institute on Drug Abuse as such more accurate technology becomes available in a cost-effective form. (9) `Job applicant' means a person who has applied for a position with an employer and has been offered employment conditioned upon successfully passing a substance abuse test and may have begun work pending the results of the substance abuse test.

Page 1517

(10) `Nonprescription medication' means a drug or medication authorized pursuant to federal or state law for general distribution and use without a prescription in the treatment of human disease, ailments, or injuries. (11) `Prescription medication' means a drug or medication lawfully prescribed by a physician for an individual and taken in accordance with such prescription. (12) `Reasonable suspicion testing' means substance abuse testing based on a belief that an employee is using or has used drugs or alcohol in violation of the employer's policy drawn from specific objective and articulable facts and reasonable inferences drawn from those facts in light of experience. Among other things, such facts and inferences may be based upon, but not limited to, the following: (A) Observable phenomena while at work such as direct observation of substance abuse or of the physical symptoms or manifestations of being impaired due to substance abuse; (B) Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance; (C) A report of substance abuse provided by a reliable and credible source; (D) Evidence that an individual has tampered with any substance abuse test during his or her employment with the current employer; (E) Information that an employee has caused or contributed to an accident while at work; or (F) Evidence that an employee has used, possessed, sold, solicited, or transferred drugs while working or while on the employer's premises or while operating the employer's vehicle, machinery, or equipment.

Page 1518

(13) `Rehabilitation program' means an established program capable of providing expert identification, assessment, and resolution of employee drug or alcohol abuse in a confidential and timely service. This service shall in all cases be provided by persons licensed or appropriately certified as health professionals to provide drug or alcohol rehabilitative services. (14) `Specimen' means tissue, blood, breath, urine, or other product of the human body capable of revealing the presence of drugs or their metabolites or of alcohol. (15) `Substance' means drugs or alcohol. (16) `Substance abuse test' or `test' means any chemical, biological, or physical instrumental analysis administered for the purpose of determining the presence or absence of a drug or its metabolites or of alcohol. (17) `Threshold detection level' means the level at which the presence of a drug or alcohol can be reasonably expected to be detected by an initial and confirmatory test performed by a laboratory meeting the standards specified in this article. The threshold detection level indicates the level at which a valid conclusion can be drawn that the drug or alcohol is present in the employee's specimen. 34-9-412. If an employer implements a drug-free workplace program substantially in accordance with Code Section 34-9-413, the employer shall qualify for certification for a 5 percent premium discount under such employer's workers' compensation insurance policy as provided in Code Section 33-9-40.2. 34-9-413. (a) A drug-free workplace program must contain the following elements: (1) Written policy statement as provided in Code Section 34-9-414;

Page 1519

(2) Substance abuse testing as provided in Code Section 34-9-415; (3) Resources of employee assistance providers maintained in accordance with Code Section 34-9-416; (4) Employee education as provided in Code Section 34-9-417; and (5) Supervisor training in accordance with Code Section 34-9-418. (b) In addition to the requirements of subsection (a) of this Code section, a drug-free workplace program must be implemented in compliance with the confidentiality standards provided in Code Section 34-9-420. 34-9-414. (a) One time only, prior to testing, all employees and job applicants for employment must be given a notice of testing. In addition, all employees must be given a written policy statement from the employer which contains: (1) A general statement of the employer's policy on employee substance abuse which shall identify: (A) The types of testing an employee or job applicant may be required to submit to, including reasonable suspicion or other basis used to determine when such testing will be required; and (B) The actions the employer may take against an employee or job applicant on the basis of a positive confirmed test result; (2) A statement advising an employee or job applicant of the existence of this article; (3) A general statement concerning confidentiality; (4) The consequences of refusing to submit to a drug test;

Page 1520

(5) A statement advising an employee of the Employee Assistance Program, if the employer offers such program, or advising the employee of the employer's resource file of assistance programs and other persons, entities, or organizations designed to assist employees with personal or behavioral problems; (6) A statement that an employee or job applicant who receives a positive confirmed test result may contest or explain the result to the employer within five working days after written notification of the positive test result; and (8) A statement informing an employee of the provisions of the federal Drug-Free Workplace Act or Chapter 23 of Title 45, the `Drug-Free Public Work Force Act of 1990,' if applicable to the employer. (b) An employer not having a substance abuse testing program in effect on July 1, 1993, shall ensure that at least 60 days elapse between a general one-time notice to all employees that a substance abuse testing program is being implemented and the beginning of the actual testing. An employer having a substance abuse testing program in place prior to July 1, 1993, shall not be required to provide a 60 day notice period. (c) An employer shall include notice of substance abuse testing on vacancy announcements for those positions for which testing is required. A notice of the employer's substance abuse testing policy must also be posted in an appropriate and conspicuous location on the employer's premises, and copies of the policy must be made available for inspection by the employees or job applicants of the employer during regular business hours in the employer's personnel office or other suitable locations. 34-9-415. (a) All testing conducted by an employer shall be in conformity with the standards and procedures established in this article and all applicable rules adopted by the State Board of Workers' Compensation pursuant to this article. However, an employer shall not have a legal duty

Page 1521

under this article to request an employee or job applicant to undergo testing. (b) An employer is required to conduct the following types of tests in order to qualify for the workers' compensation insurance premium discounts provided under Code Section 34-9-412: (1) An employer must require job applicants to submit to a substance abuse test after extending an offer of employment. Limited testing of job applicants by an employer shall qualify under this paragraph if such testing is conducted on the basis of reasonable classifications of job positions; (2) An employer must require an employee to submit to reasonable suspicion testing; (3) An employer must require an employee to submit to a substance abuse test if the test is conducted as part of a routinely scheduled employee fitness-for-duty medical examination that is part of the employer's established policy or that is scheduled routinely for all members of an employment classification or group; (4) If the employee in the course of employment enters an Employee Assistance Program or a rehabilitation program as the result of a positive test, the employer must require the employee to submit to a substance abuse test as a follow-up to such program. However, if an employee voluntarily entered the program, follow-up testing is not required. If follow-up testing is conducted, the frequency of such testing shall be at least once a year for a two-year period after completion of the program and advance notice of the testing date shall not be given to the employee; and (5) If the employee has caused or contributed to an on the job injury which resulted in a loss of worktime, the employer must require the employee to submit to a substance abuse test.

Page 1522

(c) Nothing in this Code section shall prohibit a private employer from conducting random testing or other lawful testing of employees. (d) All specimen collection and testing under this Code section shall be performed in accordance with the following procedures: (1) A specimen shall be collected with due regard to the privacy of the individual providing the specimen, and in a manner reasonably calculated to prevent substitution or contamination of the specimen; (2) Specimen collection shall be documented, and the documentation procedures shall include: (A) Labeling of specimen containers so as to reasonably preclude the likelihood of erroneous identification of test results; and (B) An opportunity for the employee or job applicant to record any information he or she considers relevant to the test, including identification of currently or recently used prescription or nonprescription medication or other relevant medical information. The providing of information shall not preclude the administration of the test, but shall be taken into account in interpreting any positive confirmed results; (3) Specimen collection, storage, and transportation to the testing site shall be performed in a manner which will reasonably preclude specimen contamination or adulteration; (4) Each initial and confirmation test conducted under this Code section, not including the taking or collecting of a specimen to be tested, shall be conducted by a laboratory as described in subsection (e) of this Code section;

Page 1523

(5) A specimen for a test may be taken or collected by any of the following persons: (A) A physician, a physician's assistant, a registered professional nurse, a licensed practical nurse, a nurse practitioner, or a certified paramedic who is present at the scene of an accident for the purpose of rendering emergency medical service or treatment; (B) A qualified person certified or employed by a laboratory certified by the National Institute on Drug Abuse, the College of American Pathologists, or the Georgia Department of Human Resources; or (C) A qualified person certified or employed by a collection company. (6) Within five working days after receipt of a positive confirmed test result from the laboratory, an employer shall inform an employee or job applicant in writing of such positive test result, the consequences of such results, and the options available to the employee or job applicant; (7) The employer shall provide to the employee or job applicant, upon request, a copy of the test results; (8) An initial test having a positive result must be verified by a confirmation test; (9) An employer who performs drug testing or specimen collection shall use chain of custody procedures to ensure proper record keeping, handling, labeling, and identification of all specimens to be tested; (10) An employer shall pay the cost of all drug tests, initial and confirmation, which the employer requires of employees; (11) An employee or job applicant shall pay the cost of any additional tests not required by the employer; and

Page 1524

(12) If testing is conducted based on reasonable suspicion, the employer shall promptly detail in writing the circumstances which formed the basis of the determination that reasonable suspicion existed to warrant the testing. A copy of this documentation shall be given to the employee upon request and the original documentation shall be kept confidential by the employer pursuant to Code Section 34-9-420 and retained by the employer for at least one year. (e) (1) No laboratory may analyze initial or confirmation drug specimens unless: (A) The laboratory is approved by the National Institute on Drug Abuse or the College of American Pathologists; (B) The laboratory has written procedures to ensure the chain of custody; and (C) The laboratory follows proper quality control procedures including, but not limited to: (i) The use of internal quality controls including the use of samples of known concentrations which are used to check the performance and calibration of testing equipment, and periodic use of blind samples for overall accuracy; (ii) An internal review and certification process for drug test results, conducted by a person qualified to perform that function in the testing laboratory; (iii) Security measures implemented by the testing laboratory to preclude adulteration of specimens and drug test results; and (iv) Other necessary and proper actions taken to ensure reliable and accurate drug test results.

Page 1525

(2) A laboratory shall disclose to the employer a written test result report within seven working days after receipt of the sample. All laboratory reports of a substance abuse test result shall, at a minimum, state: (A) The name and address of the laboratory which performed the test and the positive identification of the person tested; (B) Positive results on confirmation tests only, or negative results, as applicable; (C) A list of the drugs for which the drug analyses were conducted; and (D) The type of tests conducted for both initial and confirmation tests and the minimum cut-off levels of the tests. No report shall disclose the presence or absence of any drug other than a specific drug and its metabolites listed pursuant to this article. (3) Laboratories shall provide technical assistance to the employer, employee, or job applicant for the purpose of interpreting any positive confirmed test results which could have been caused by prescription or nonprescription medication taken by the employee or job applicant. (f) If an initial drug test is negative, the employer may in its sole discretion seek a confirmation test. Only laboratory as described in subsection (e) of this Code section shall conduct confirmation drug tests. (g) All positive initial tests shall be confirmed using the gas chromatography/mass spectrometry (GC/MC) method or an equivalent or more accurate scientifically accepted methods approved by the National Institute on Drug Abuse as such technology becomes available in a cost-effective form. 34-9-416. (a) If an employer has an Employee Assistance Program, the employer must inform the employee of

Page 1526

the benefits and services of the Employee Assistance Program. In addition, the employer must provide the employee with notice of the policies and procedures regarding access to and utilization of the program. (b) If an employer does not have an Employee Assistance Program, the employer must maintain a resource file of providers of other employee assistance including drug and alcohol abuse programs, mental health providers, and other persons, entities, or organizations available to assist employees with personal or behavioral problems and must notify the employee of the availability of this resource file. In addition, the employer shall post in a conspicuous place a listing of providers of employee assistance in the area. 34-9-417. An employer must provide all employees with a semi-annual education program on substance abuse, in general, and its effects on the workplace, specifically. An education program for a minimum of one hour should include but is not limited to the following information: (1) The explanation of the disease model of addiction for alcohol and drugs; (2) The effects and dangers of the commonly abused substances in the workplace; and (3) The company's policies and procedures regarding substance abuse in the workplace and how employees who wish to obtain substance abuse treatment can do so. 34-9-418. In addition to the education program provided in Code Section 34-9-417, an employer must provide all supervisory personnel with a minimum of two hours of supervisor training, which should include but is not limited to the following information: (1) How to recognize signs of employee substance abuse; (2) How to document and collaborate signs of employee substance abuse; and

Page 1527

(3) How to refer substance abusing employees to the proper treatment providers. 34-9-419. (a) No physician-patient relationship is created between an employee or job applicant and an employer, medical review officer, or any person performing or evaluating a drug test solely by the establishment, implementation, or administration of a drug-testing program. (b) Nothing in this article shall be construed to prevent an employer from establishing reasonable work rules related to employee possession, use, sale, or solicitation of drugs, including convictions for drug related offenses, and taking action based upon a violation of any of those rules. (c) Nothing in this article shall be construed to operate retroactively, and nothing in this article shall abrogate the right of an employer under state or federal law to conduct drug tests, or implement employee drug-testing programs; provided, however, only those programs that meet the criteria outlined in this article qualify for reduced workers' compensation insurance premiums under Code Section 33-9-40.2. (d) Nothing in this article shall be construed to prohibit an employer from conducting medical screening or other tests required, permitted, or not disallowed by any statute, rule, or regulation for the purpose of monitoring exposure of employees to toxic or other unhealthy materials in the workplace or in the performance of job responsibilities. Such screening or tests shall be limited to the specific materials expressly identified in the statute, rule, or regulation, unless prior written consent of the employee is obtained for other tests. (e) No cause of action shall arise in favor of any person based upon the failure of an employer to establish or conduct a program or policy for substance abuse testing. 34-9-420. (a) All information, interviews, reports, statements, memoranda, and test results, written or otherwise, received by the employer through a substance abuse testing program are confidential communications, but may

Page 1528

be used or received in evidence, obtained in discovery, or disclosed in any civil or administrative proceeding, except as provided in subsection (d) of this Code section. (b) Employers, laboratories, medical review officers, employee assistance programs, drug or alcohol rehabilitation programs, and their agents who receive or have access to information concerning test results shall keep all information confidential. Release of such information under any other circumstance shall be solely pursuant to a written consent form signed voluntarily by the person tested, unless such release is compelled by an agency of the state or a court of competent jurisdiction or unless deemed appropriate by a professional or occupational licensing board in a related disciplinary proceeding. The consent form must contain at a minimum: (1) The name of the person who is authorized to obtain the information; (2) The purpose of the disclosure; (3) The precise information to be disclosed; (4) The duration of the consent; and (5) The signature of the person authorizing release of the information. (c) Information on test results shall not be released or used in any criminal proceeding against the employee or job applicant. Information released contrary to this subsection shall be inadmissible as evidence in any such criminal proceeding. (d) Nothing contained in this article shall be construed to prohibit the employer or laboratory conducting a test from having access to employee test information when consulting with legal counsel when the information is relevant to its defense in a civil or administrative matter.

Page 1529

34-9-421. The State Board of Workers' Compensation shall promulgate by rule or regulation procedures and forms for the certification of employers who establish and maintain a drug-free workplace which complies with the provisions of this article. The board shall be authorized to charge a fee for the certification of a drug-free workplace program in an amount which shall approximate the administrative costs to the board of such certification. Certification of an employer shall be required for each year in which a premium discount is granted. The State Board of Workers' Compensation shall be authorized to promulgate rules and regulations necessary for the implementation of this article. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 27, 1993. COURTS ALTERNATIVE DISPUTE RESOLUTION PROGRAMS; CREATION AND FUNDING; PRACTICES AND PROCEDURES. Code Title 15, Chapter 23 Enacted. No. 559 (House Bill No. 143). AN ACT To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide for the creation and funding of alternative dispute resolution programs in each county of this state; to provide for a short title; to provide for definitions; to authorize the creation of boards of trustees and county funds for the administration of alternative dispute resolution programs; to provide for the activation of boards and funds; to provide for officers; to provide for quorums; to provide for boards; to provide for powers, duties, and authority; to provide for the imposition, collection, and expenditure of additional sums in civil actions and cases; to provide for accounts; to provide

Page 1530

for acceptance and use of gifts, grants, devises, and bequests and other things of value; to provide for compensation for certain persons; to provide for user's fees; to provide for the combination of boards and funds and the operation of joint programs; to provide for practices and procedures; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by adding at the end thereof a new Chapter 23 to read as follows: CHAPTER 23 15-23-1. This chapter shall be known and may be cited as the `Georgia Court-annexed Alternative Dispute Resolution Act.' 15-23-2. As used in this chapter, the term: (1) `Alternative dispute resolution' or `ADR' refers to any method other than litigation for resolution of disputes. Alternative dispute resolution methods include mediation, arbitration, early case evaluation or early neutral evaluation, summary jury trial, and minitrial. (2) `Board' means the board of trustees of a Fund for the Administration of Alternative Dispute Resolution Programs created by Code Section 15-23-3. (3) `Fund' means one or more funds created pursuant to Code Section 15-23-8. 15-23-3. There is created in each county in this state a board to be known as the Board of Trustees of the..... County Fund for the Administration of Alternative Dispute Resolution Programs. The board shall consist of the chief judge of the superior court of the circuit in which the county is located, or the superior court judge with the longest service if there is no chief judge, the senior judge of the state

Page 1531

court, if any, the judge of the probate court, the chief magistrate or a magistrate designated by the chief magistrate, the clerk of the superior court, and one practicing attorney appointed by other members of the board. The chief judge of the superior court shall serve as chairperson of the board. The member who is the practicing attorney shall serve at the pleasure of the other members of the board. All members shall serve without compensation. A majority of the members of the board shall constitute a quorum for the transaction of all business that may come before the board. 15-23-4. There is created an office to be known as secretary-treasurer of the board of trustees of the County Fund for the Administration of Alternative Dispute Resolution Programs in each county. The secretary-treasurer shall be selected and appointed by the board and shall serve at the pleasure of the board. The board may appoint one of its own members as secretary-treasurer or, in its discretion, may designate some other person to act as secretary-treasurer of the board. The secretary-treasurer of the board shall perform the duties provided for the treasurer in this chapter. 15-23-5. The secretary-treasurer of the board shall give a good and sufficient surety bond, payable to the county, in such an amount as may be determined by the board, to account faithfully for all funds received and disbursed by him or her. The premium on the bond shall be paid out of the fund in such county. 15-23-6. The board is given the following powers and duties: (1) To provide for the collection of all money provided for in this chapter; (2) To manage, control, and direct such fund and the expenditures made therefrom; (3) To distribute the moneys coming into the fund in such manner and subject to such terms and limitations as the board, in its discretion, shall determine will best meet the purpose of this chapter in promoting the alternative

Page 1532

resolution of disputes and the efficient administration of justice; (4) To contract for the investment, pooling, and expenditure of funds; (5) To adopt such rules and regulations as may be necessary to manage such fund and provide for such programs; (6) To keep records of all its meetings and proceedings; and (7) To exercise all other powers necessary for the proper administration of the funding mechanism provided for in this chapter. 15-23-7. For the purposes of providing court-annexed or court-referred alternative dispute resolution programs, a sum not to exceed $5.00, in addition to all other legal costs, may be charged and collected in each civil action or case filed in the superior, state, probate, and magistrate courts within the county. A case, within the meaning of this Code section, shall mean and be construed as any matter which is docketed upon the official dockets of the enumerated courts and to which a number is assigned, whether such matter is contested or not. The amount to be collected in each case, if any, shall be fixed, and may from time to time be changed, in an amount not to exceed $5.00 by the chief judge of the superior court or, if there be no chief judge, by the superior court judge with the longest service, who shall, after advising and notifying the chairperson of the county governing authority, order the clerk to collect said fees and remit them to the treasurer of the county fund for the administration of alternative dispute resolution programs. Such additional costs shall not be charged and collected unless the chief judge first determines that a need exists for an alternative dispute resolution program in one or more of the courts within the county. The clerk of each and every such court in such counties shall collect such fees and remit the same to the treasurer of the board of the county in which the case was brought, on the first day of each month.

Page 1533

15-23-8. The board shall have control of the funds provided for in this chapter. All funds received shall be deposited in a special account to be known as the..... County Fund for the Administration of Alternative Dispute Resolution Programs. The board shall have authority to expend the funds in accordance with this chapter and to invest any of the funds so received in any investments which are legal investments for fiduciaries in this state. 15-23-9. The board may take, by gift, grant, devise, or bequest, any money, real or personal property, or other thing of value and may hold or invest the same for the uses and purposes of the provision and operation of alternative dispute resolution programs. 15-23-10. No alternative dispute resolution program shall be established for any court unless the judge or a majority of the judges of such court determine that there is a need for such program in that court. The funding mechanism set forth in this chapter shall be available to any court which, having determined that a court-annexed or court-referred alternative dispute resolution program would make a positive contribution to the ends of justice in that court, has developed a program meeting the standards of the Georgia Supreme Court's Uniform Rule for Alternative Dispute Resolution Programs. 15-23-11. (a) Under guidelines promulgated by the Georgia Commission on Dispute Resolution, a court may set an hourly rate for compensation of nonvolunteer neutrals by the parties. Such costs shall be predicated upon the complexity of the litigation, the skill level needed by the neutral, and the litigants' ability to pay. (b) Under guidelines promulgated by the Georgia Commission on Dispute Resolution, a court may set a user's fee for alternative dispute resolution processes. 15-23-12. Notwithstanding any other provision of this chapter, the board of trustees of each county fund is authorized by contract to combine such fund with the fund of any other county or counties within the same judicial circuit,

Page 1534

within the same administrative district, or in any other combination which would foster an efficient use of available resources. Any such combined fund created by any such contract shall be administered by a board of trustees which shall be composed of the judicial members and the clerks who are members of the boards of trustees of each participating county fund without the participating attorney members thereof but with one practicing attorney appointed by the members of the combined board. In the event two or more county funds are combined, the board of trustees of the combined fund may appoint a secretary-treasurer for the combined fund who shall perform such duties as may be provided by the combined board of trustees and who shall give bond in the same manner as provided by Code Section 15-23-5. The combined board shall be chaired by the chairperson of one of the constituent county boards elected by the combined board as provided by contract. In the event two or more boards combine as provided in this Code section, the judges of the courts within such combined territory are authorized to combine programs for such courts to provide for the most efficient use of available resources in providing alternative dispute resolution programs. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 27, 1993. CRIMES AND OFFENSES STALKING; DEFINED; PROHIBITED; PENALTIES; EXCEPTIONS. Code Title 16, Chapter 5, Article 7 Enacted. No. 560 (Senate Bill No. 13). AN ACT To amend Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against the person, so as

Page 1535

to provide for the crimes of stalking and aggravated stalking; to define such offenses; to define certain terms; to provide for penalties; to provide for exceptions; to provide that victims shall be entitled to notice of the release from custody of certain persons charged with the offense of stalking or aggravated stalking and to notice of bail hearings; to require victims to provide certain information to facilitate the giving of such notice; to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to where offenses are bailable, so as to provide a condition under which persons charged with the offense of stalking or aggravated stalking shall be entitled to pretrial release; to provide for additional restrictions in certain cases; to amend Article 1 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to granting of relief from family violence by superior courts, so as to change the definition of the term family violence; to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to provide for conditions of probation under certain circumstances; 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 16 of the Official Code of Georgia Annotated, relating to crimes against the person, is amended by adding at the end thereof a new Article 7 to read as follows: ARTICLE 7 16-5-90. (a) A person commits the offense of stalking when he or she follows, places under surveillance, or contacts another person at or about a place or places without the consent of the other person for the purpose of harassing and intimidating the other person. For the purpose of this article, the term `place or places' shall include any public or private property occupied by the victim other than the residence of the defendant. For the purposes of this article, the term `harassing and intimidating' means a knowing and willful course of conduct directed at a specific person which causes emotional distress by placing such person in reasonable fear of death or bodily harm to himself or herself or to a member

Page 1536

of his or her immediate family, and which serves no legitimate purpose. This Code section shall not be construed to require that an overt threat of death or bodily injury has been made. (b) Except as provided in subsection (c) of this Code section, a person who commits the offense of stalking is guilty of a misdemeanor. (c) Upon the second conviction, and all subsequent convictions, for stalking, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one year nor more than five years. 16-5-91. (a) A person commits the offense of aggravated stalking when such person, in violation of a temporary restraining order, preliminary injunction, or permanent injunction or condition of pretrial release, condition of probation, or condition of parole in effect prohibiting the behavior described in this subsection, follows, places under surveillance, or contacts another person at or about a place or places without the consent of the other person for the purpose of harassing and intimidating the other person. (b) Any person convicted of a violation 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 and by a fine of not more than $10,000.00. 16-5-92. The provisions of Code Sections 16-5-90 and 16-5-91 shall not apply to persons engaged in activities protected by the Constitution of the United States or of this state or to persons or employees of such persons lawfully engaged in bona fide business activity or lawfully engaged in the practice of a profession. 16-5-93. (a) The victim of stalking or aggravated stalking shall be entitled to notice of the release from custody of the person arrested for and charged with the offense of stalking or aggravated stalking and to notice of any hearing on the issue of bail for such person. No such notice shall

Page 1537

be required unless the victim provides a landline telephone number other than a pocket pager or electronic communication device number to which such notice can be directed. (b) The law enforcement agency, prosecutor, or court directly involved with the victim at the outset of a criminal prosecution for the offense of stalking or aggravated stalking shall advise the victim of his or her right to notice and of the requirement of the victim's providing a landline telephone number other than a pocket pager or electronic communication device number to which the notice of custodial release or bail hearing can be directed. Such victim shall transmit the telephone number described in this subsection to the court and custodian of the person charged with stalking or aggravated stalking. (c) Upon receipt of the telephone number, the custodian of the person charged with stalking or aggravated stalking shall take reasonable and necessary steps under the circumstances to notify the victim of the person's release from custody. Such notice shall, at a minimum, include: (1) Prior to the person's release, placing a telephone call to the number provided by the victim and giving notice to the victim or any person answering the telephone who appears to be sui juris or by leaving an appropriate message on a telephone answering machine; and (2) Following the person's release, if the custodian is unable to notify the victim by the method provided in paragraph (1) of this subsection, telephoning the number provided by the victim no less than two times in no less than 15 minute intervals within one hour of custodial release and giving notice to the victim or to any person answering the telephone who appears to be sui juris or by leaving an appropriate message on a telephone answering machine. (d) Upon receipt of the telephone number, the court conducting a hearing on the issue of bail shall take reasonable and necessary steps under the circumstances to notify the victim of any scheduled hearing on the issue of bail.

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Such notice shall, at a minimum, include placing a telephone call to the number provided by the victim prior to any scheduled hearing on the issue of bail. (e) Notwithstanding any other provision of this Code section, a scheduled bail hearing or the release of the person charged with stalking or aggravated stalking shall not be delayed solely for the purpose of effectuating notice pursuant to this Code section for a period of more than 30 minutes. (f) Upon the person's release or escape from custody after conviction and service of all or a portion of a sentence, notification to the victim shall be provided by the State Board of Pardons and Paroles as set forth in Code Sections 42-9-46 and 42-9-47. (g) This Code section shall not apply to a custodian who is transferring a person charged with stalking or aggravated stalking to another custodian in this state. (h) As used in this Code section, the term `custodian' means a warden, sheriff, jailer, deputy sheriff, police officer, officer or employee of the Division of Youth Services or any other law enforcement officer having actual custody of an inmate. (i) A custodian or his or her employing agency shall not be liable in damages for a failure to provide the notice required by this Code section, but the custodian shall be subject to appropriate disciplinary action including termination for such failure. Section 2. Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to where offenses are bailable, is amended by adding after paragraph (2) of subsection (b) a new paragraph (3) to read as follows: (3) (A) Notwithstanding any other provision of law, a judge of a court of inquiry may, as a condition of bail or other pretrial release of a person who is charged with violating Code Section 16-5-90 or 16-5-91, prohibit the defendant from entering or remaining present at the victim's

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school, place of employment, or other specified places at times when the victim is present or intentionally following such person. (B) If the evidence shows that the defendant has previously violated the conditions of pretrial release or probation or parole which arose out of a violation of Code Section 16-5-90 or 16-5-91, the judge of a court of inquiry may impose such restrictions on the defendant which may be necessary to deter further stalking of the victim, including but not limited to denying bail or pretrial release. Section 3. Article 1 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to granting of relief from family violence by superior courts, is amended by striking in its entirety Code Section 19-13-1, relating to the definition of the term family violence, and inserting in lieu thereof a new Code Section 19-13-1 to read as follows: 19-13-1. As used in this article, the term `family violence' means the occurrence of one or more of the following acts between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living or formerly living in the same household: (1) Any felony; or (2) Commission of offenses of battery, simple battery, simple assault, assault, stalking, criminal damage to property, unlawful restraint, or criminal trespass. The term `family violence' shall not be deemed to include reasonable discipline administered by a parent to a child in the form of corporal punishment, restraint, or detention. Section 4. 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 adding between Code Sections 42-8-35.2 and 42-8-36 a new Code Section 42-8-35.3 to read as follows:

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42-8-35.3. Notwithstanding any other terms or conditions of probation which may be imposed, a court sentencing a defendant to probation for a violation of Code Section 16-5-90 or 16-5-91 may impose one or more of the following conditions on such probation: (1) Prohibit the defendant from engaging in conduct in violation of Code Section 16-5-90 or 16-5-91; (2) Require the defendant to undergo a mental health evaluation and, if it is determined by the court from the results of such evaluation that the defendant is in need of treatment or counseling, require the defendant to undergo mental health treatment or counseling by a court approved mental health professional, mental health facility, or facility of the Department of Human Resources. Unless the defendant is indigent, the cost of any such treatment shall be borne by the defendant; or (3) Prohibit the defendant from entering or remaining present at the victim's school, place of employment, or other specified places at times when the victim is present. 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 27, 1993.

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COMMISSION ON THE PRESERVATION OF THE STATE CAPITOL LEGISLATIVE FINDINGS; CREATION; MEMBERSHIP; POWERS AND DUTIES; ASSIGNMENT FOR ADMINISTRATIVE PURPOSES. Code Section 50-16-5.1 Enacted. No. 561 (Senate Bill No. 225). AN ACT To amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding public property, so as to provide for legislative findings; to provide for definitions; to provide for the creation of the Commission on the Preservation of the State Capitol and its members, terms, compensation and expenses, powers, and duties; to provide for assignment for administrative purposes; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding public property, is amended by adding after Code Section 50-16-5 a new Code section to read as follows: 50-16-5.1. (a) The General Assembly makes the following findings: (1) The Georgia capitol is a unique national and state treasure; (2) The United States government has recognized the capitol's significance by designating it a National Historic Landmark, the nation's highest level of recognition; and (3) The Commission on the Preservation of the State Capitol would assist in the protection of this important state building by the development of a master

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plan for the state capitol, which would include the history of the building, its existing conditions, its evolution, and a plan for its future that would provide an integrated design. The Commission on the Preservation of the State Capitol could also encourage the making of gifts and grants to the capitol. (b) For purposes of this Code section, the term `commission' means the Commission on the Preservation of the State Capitol created under subsection (c) of this Code section. (c) The Commission on the Preservation of the State Capitol is created to advise the Governor and the Legislative Services Committee on matters relating to the preservation of the architectural and historical character of the state capitol. (d) The commission shall consist of nine members, one of whom shall be the Capital Museum Director, four of whom shall be appointed by the Governor, two of whom shall be appointed by the President of the Senate, and two of whom shall be appointed by the Speaker of the House of Representatives. The members shall serve at the pleasure of their appointing authority. The commission shall also consist of the following four ex officio members: (1) The Secretary of State; (2) The executive director of the Georgia Building Authority; (3) The executive director of the Georgia Council for the Arts; and (4) The state historic preservation officer of the Department of Natural Resources. (e) The commission shall have the following powers and duties:

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(1) To develop a master plan for the Georgia state capitol; (2) To make such other studies, reports, and recommendations as it deems advisable with respect to the restoration, rehabilitation, preservation, improvement, and utilization of the capitol buildings and grounds; (3) To advise the Georgia Building Authority on the specialized maintenance needs of the capitol to assure continued preservation of historically and architecturally important spaces in the building; (4) To advise the Georgia Building Authority in the development of plans and specifications for all projects which should be approved, such projects to be carried out as provided in the master plan, including assisting the authority in the selection of qualified architects engaged for these purposes; (5) To provide, in concert with the Georgia Building Authority, the director of the Georgia State Museum of Science and Industry and other agencies of the state, as appropriate, an interpretive program which explores the architectural, historic, artistic, social, political, and cultural themes associated with the capitol; (6) To encourage the making of gifts and grants to the state to assist the commission in the performance of its powers, duties, and responsibilities and for the implementation of master plan projects or other recommendations of the commission as may be approved by the Governor and the General Assembly; (7) To provide advice and guidance to the director of the Georgia State Museum of Science and Industry with respect to the care, conservation, and exhibition of the collections as may be housed in the capitol and to develop and promote additional exhibits to be displayed at the capitol from time to time when the General Assembly is not in session;

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(8) To render such other advice and assistance as the Governor, President of the Senate, and Speaker of the House of Representatives may from time to time request; and (9) To hire, staff, and develop an annual work program and budget for carrying out phases of the master plan. (f) The commission shall be assigned to the office of the Governor for administrative purposes only and members shall receive the same per diem and expenses provided for state boards and commissions under Code Section 45-7-21. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 27, 1993. GEORGIA SUPERIOR COURT CLERKS' COOPERATIVE AUTHORITY CREATION; MEMBERSHIP, POWERS, AND JURISDICTION. Code Section 15-6-94 Enacted. No. 562 (House Bill No. 243). AN ACT To amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to create the Georgia Superior Court Clerks' Cooperative Authority as a body corporate and politic, an instrumentality of the state, and a public corporation; to provide a definition; to provide for the purposes of the authority; to provide for the membership of the authority; to provide for terms of the members; to provide for the administration of the authority; to provide for the powers of the authority; to provide for tax exempt status of the authority; to provide for jurisdiction of actions

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brought against the authority; to provide that moneys received by the authority shall be held as trust funds; to provide for liberal construction; to provide for related matters; to provide for the filing of proposed charges; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, is amended by adding a new Code Section 15-6-94 to read as follows: 15-6-94. (a) (1) There is established the Georgia Superior Court Clerks' Cooperative Authority as a body corporate and politic, an instrumentality of the state, and a public corporation; and by that name the authority may contract and be contracted with and bring and defend actions. (2) As used in this Code section, the term `authority' means the Georgia Superior Court Clerks' Cooperative Authority. (3) The purpose of the authority shall be to provide a cooperative for the development, acquisition, and distribution of record management systems, information, services, supplies, and materials for superior court clerks of the state, on such terms and conditions as may be determined to be in the best interest of the operation of the office of the clerk of superior court, local government, and the state, in light of the following factors: (A) The public interest in providing cost-efficient access to record management systems, information, services, supplies, and materials, and a pool which will provide related resources and uniformity; (B) Cost savings to local government and the state, through efficiency in the provision of record

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management systems, information, services, supplies, and materials; (C) Fair and adequate compensation to local governments for costs incurred in the operation of the offices of clerks of superior court; and (D) Such other factors as are in the public interest and welfare. The authority shall be the sole owner of information compiled or developed through any function performed or any program or system administered by, or on behalf of, the authority. (b) (1) The authority shall consist of seven members as follows: two members appointed by the president of The Council of Superior Court Clerks of Georgia to serve for a term of one year each and until their respective successors are appointed; two members appointed by the president of the Superior Court Clerks' Association of Georgia to serve for a term of two years each and until their respective successors are appointed; one member appointed by the Executive Board of Association County Commissioners of Georgia to serve for a term of three years and until such member's respective successor is appointed; and two members appointed by the Governor to serve for a term of three years each and until their respective successors are appointed. After the initial appointments, all members thereafter shall serve for terms of three years each. (2) Each member of the authority who is not otherwise a state officer or employee may be authorized by the authority to receive an expense allowance and reimbursement from funds of the authority in the same manner as provided for in Code Section 45-7-21. Each member of the authority who is otherwise a state officer or employee may be reimbursed by the agency of which he or she is an officer or employee for expenses actually incurred in the performance of his or her duties as a member of the authority. Except as specifically provided in this subsection,

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members of the authority shall receive no compensation for their services. (3) Four members of the authority shall constitute a quorum; and the affirmative votes of four members of the authority shall be required for any action to be taken by the authority. (4) The board may, in its discretion, appoint an executive director as the administrative head of the authority and shall set his or her salary. Unless the board appoints an executive director, the president of The Council of Superior Court Clerks of Georgia shall serve as the executive director and administrative head of the authority. If the president of The Council of Superior Court Clerks of Georgia serves as the administrative head of the authority, he or she may appoint a person as assistant director and delegate such of his or her powers and duties to such assistant as he or she desires. The executive director, with the concurrence and approval of the board, shall hire officers, agents, and employees; prescribe their duties, responsibilities, and qualifications and set their salaries; 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. (5) The authority may promulgate rules and regulations for its own government and for discharging its duties as may be permitted or required by law or applicable rules and regulations. (6) The authority shall have perpetual existence. (c) The Attorney General shall provide legal services for the authority, in the same manner provided for in Code Sections 45-15-13 through 45-15-16. (d) The authority shall have the following powers: (1) To have a seal and alter the same at its pleasure;

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(2) To make and execute contracts, lease agreements, and all other instruments necessary or convenient to exercise the powers of the authority or to further the public purpose for which the authority is created; (3) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real or personal property of every kind and character, or any interest therein, in furtherance of the public purpose of the authority; (4) To apply for and to accept any gifts or grants or loan guarantees or loans of funds or property or financial or other aid in any form from the federal government or any agency or instrumentality thereof, or from the state or any agency or instrumentality thereof, or from any other source for any or all of the purposes specified in this Code section and to comply, subject to the provisions of this Code section, 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 individual or private entity; provided, however, a schedule of proposed fees and charges shall be filed with the Clerk of the House of Representatives and the Secretary of the Senate by January 2, 1994, and annually thereafter for such action as the General Assembly may desire to take thereon, if any; (7) To deposit or otherwise 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;

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(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; and (9) To do all things necessary or convenient to carry out the powers conferred by this Code section and to carry out such duties and activities as are specifically imposed upon the authority by law. (e) The creation of the authority and the carrying out of its corporate purposes are in all respects for the benefit of the people of this state and are public purposes and in no event shall the authority assess a fee against a superior court clerk's office or local government of this state for access to the information compiled by the authority. The authority will perform an essential government function in the exercise of the powers conferred upon it by this Code section. The authority shall not be required to pay taxes or assessments upon any property acquired or under its jurisdiction, control, possession, or supervision. (f) Any action against the authority shall be brought in the Superior Court of Gwinnett County, Georgia, and such court shall have exclusive, original jurisdiction of such actions; provided, however, actions seeking equitable relief may be brought in the county of residence of any member of the authority. (g) All money received by the authority pursuant to this Code section shall be deemed to be trust funds to be held and applied solely as provided in this Code section. (h) The provisions of this Code section shall be deemed to provide an additional and alternative method for doing things authorized by this Code section and shall be regarded as supplemental and additional to powers conferred by the Constitution and laws of the State of Georgia and shall not be regarded as in derogation of any powers now existing. (i) This Code section, being for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes thereof.

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Section 2. On or before January 2, 1994, the authority shall file with the Clerk of the House of Representatives and the Secretary of the Senate a schedule of proposed charges for information and services to be furnished. 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 27, 1993. UNIFORM COMMERCIAL CODE FINANCING STATEMENTS; FILING; GEORGIA SUPERIOR COURT CLERKS' COOPERATIVE AUTHORITY; CENTRAL INDEXING SYSTEM. Code Title 11, Chapter 9 Amended. Code Title 15, Chapter 6 Amended. No. 563 (House Bill No. 244). AN ACT To amend Title 11 of the Official Code of Georgia Annotated, known as the Uniform Commercial Code, so as to provide for certain additional defined terms to be used in Article 9; to provide for filing in any county of the state; to provide for forms; to specify the information required to be submitted by secured parties registering their security interests; to provide for notice filings; to establish a central indexing system with the Georgia Superior Court Clerks' Cooperative Authority for all financing statements; to provide for transitional provisions relating to existing financing statements and continuation statements filed prior to the effective date of this Act; to provide for duties of the clerks of the superior courts; to provide filing fees for financing statements; to provide for other fees; to provide for

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other matters relating 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 11 of the Official Code of Georgia Annotated, known as the Uniform Commercial Code, is amended by striking subsection (2) of Code Section 11-9-105, relating to definitions and an index of definitions, and inserting in lieu thereof a new subsection (2) to read as follows: (2) Other definitions applying to this article and the Code sections in which they appear are: `Account.' Code Section 11-9-106. `Attach.' Code Section 11-9-203. `Commission merchant.' Code Section 11-9-307(4). `Construction mortgage.' Code Section 11-9-313(1). `Consumer goods.' Code Section 11-9-109(1). `Equipment.' Code Section 11-9-109(2). `Farm products.' Code Section 11-9-109(3). `Fixture.' Code Section 11-9-313(1). `Fixture filing.' Code Section 11-9-313(1). `General intangibles.' Code Section 11-9-106. `Inventory.' Code Section 11-9-109(4). `Lien creditor.' Code Section 11-9-301(3). `Proceeds.' Code Section 11-9-306(1).

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`Purchase money security interest.' Code Section 11-9-107. `United States.' Code Section 11-9-103. Section 2. Said title is further amended by striking Code Section 11-9-307, relating to protection of buyers of goods and commission merchants, in its entirety and inserting in lieu thereof the following: 11-9-307. Protection of buyers of goods; commission merchants. (1) A buyer in ordinary course of business (subsection (9) of Code Section 11-1-201) other than a person buying farm products from a person engaged in farming operations takes free of a security interest created by his seller even though the security interest is perfected and even though the buyer knows of its existence. (2) In the case of consumer goods, a buyer takes free of a security interest even though perfected if he buys without knowledge of the security interest, for value, and for his own personal, family, or household purposes unless prior to the purchase the secured party has filed a financing statement covering such goods. (3) A commission merchant who shall sell livestock or agricultural products for another for a fee or commission shall not be liable to the holder of a security interest created by the seller of such livestock or products even though the security interest is perfected where the sale is made in ordinary course of business and without knowledge of the perfected security interest. (4) As used in this Code section, the term `commission merchant' means any person engaged in the business of receiving any farm product for sale, on commission, or for or on behalf of another person. Section 3. Said title is further amended by striking Code Section 11-9-401, relating to the place of filing, erroneous filing, and removal of collateral, and inserting in lieu thereof a new Code Section 11-9-401 to read as follows:

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11-9-401. (1) The proper place to file in order to perfect a security interest is with the clerk of the superior court of any county of the state. (2) The rules stated in Code Section 11-9-103 determine whether filing is necessary in this state. Section 4. Said title is further amended by striking Code Section 11-9-402, relating to formal requisites of financing statements, in its entirety and inserting in lieu thereof the following: 11-9-402. (1) A financing statement is sufficient if it complies with the requirements of this Code section and gives the names of the debtor and the secured party, is signed by the debtor, gives an address of the secured party from which information concerning the security interest may be obtained, gives a mailing address of the debtor, contains a statement indicating the types, or describing the items, of collateral, and, where both (i) the collateral described consists only of consumer goods as defined in Code Section 11-9-109 and (ii) the secured obligation is originally $5,000.00 or less, gives the maturity date of the secured obligation or specifies that such obligation is not subject to a maturity date. A financing statement may be filed before a security agreement is made or a security interest otherwise attaches. When the financing statement covers crops growing or to be grown, or minerals or accounts subject to subsection (5) of Code Section 11-9-103, or when the financing statement is filed as a fixture filing (Code Section 11-9-313) and the collateral is goods which are or are to become fixtures, the statement must also comply with subsection (5) of this Code section. `Secured obligation' for purpose of this Code section and Code Section 11-9-403 shall include a loan or any series of advances of money pursuant to a loan agreement or undertaking or any forbearance to enforce a claim for the collection of money or any purchase price or any installment obligation or any other obligation. (2) A financing statement which otherwise complies with subsection (1) of this Code section is sufficient when it

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is signed by the secured party instead of the debtor if it is filed to perfect a security interest in: (a) Collateral already subject to a security interest in another jurisdiction when it is brought into this state, or when the debtor's location is changed to this state. Such a financing statement must state that the collateral was brought into this state or that the debtor's location was changed to this state under such circumstances; or (b) Proceeds under Code Section 11-9-306 if the security interest in the original collateral was perfected. Such a financing statement must describe the original collateral; or (c) Collateral as to which the filing has lapsed; or (d) Collateral acquired after a change of name, identity, or corporate structure of the debtor (subsection (7) of this Code section). (3) Financing statements and all amendments to such statements must be presented for filing on forms prescribed by the Georgia Superior Court Clerks' Cooperative Authority. (4) A financing statement may be amended by filing a writing signed by both the debtor and the secured party. An amendment does not extend the period of effectiveness of a financing statement. If any amendment adds collateral, it is effective as to the added collateral only from the filing date of the amendment. In this article, unless the context otherwise requires, the term `financing statement' means the original financing statement and any amendments. (5) A financing statement covering crops growing, minerals or the like (including oil and gas) or accounts subject to Code Section 11-9-103, or a financing statement indexed as a fixture filing subject to Code Section 11-9-313, must show that it covers this type of collateral, must contain a reasonable description of the real estate, and must show the name of the record owner or record lessee of the real estate if the

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debtor does not have an interest of record in the real estate. Additionally, a notice filing for Uniform Commercial Code related real estate, on the form prescribed by the Georgia Superior Court Clerks' Cooperative Authority, must be filed in the real estate records with the office of the clerk of superior court in the county or counties in which the affected real estate is located. The uniform fee for filing, indexing, and stamping a copy of a notice filing for Uniform Commercial Code related real estate shall be as required by Article 2 of Chapter 6 of Title 15. In addition to the requirements set forth above and in subsection (1) of this Code section, a financing statement covering farm products must contain the following information: (a) The farm product name and crop year subject to the security interest, except that no crop year need be designated if the security interest applies to every crop year for the duration of the filing; (b) The social security number or, if other than a natural person, the Internal Revenue Service taxpayer identification number of the debtor; (c) Each county in the state in which the farm products are located; and (d) If needed to distinguish the farm products subject to such security interest from other farm products of the debtor not subject to such security interest, further details of the farm products, including, when applicable, the amount of the farm products subject to the security interest. In order for goods which are or are to become fixtures related to real estate to be included in the central index described in Code Section 11-9-407, a financing statement complying with this Code section must be filed. (7) A financing statement sufficiently shows the name of the debtor if it gives the individual, partnership, or corporate name of the debtor, whether or not it adds other trade names or the names of partners. Where the debtor so

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changes his name, or in the case of an organization, its name, identity, or corporate structure, that a filed financing statement becomes seriously misleading, the filing is not effective to perfect a security interest in collateral acquired by the debtor more than four months after the change, unless a new appropriate financing statement is filed before the expiration of that time. A filed financing statement remains effective with respect to collateral transferred by the debtor even though the secured party knows of or consents to the transfer. (8) A financing statement substantially complying with the requirements of this Code section is effective even though it contains minor errors which are not seriously misleading. Section 5. Said title is further amended by striking Code Section 11-9-403, relating to what constitutes filing; Code Section 11-9-404, relating to termination statement; Code Section 11-9-405, relating to assignment of security instruments; and Code Section 11-9-406, relating to release of collateral, in their entirety and inserting in lieu thereof the following: 11-9-403. (1) Presentation for filing of a financing statement and tender of the filing fee or acceptance of the statement by the filing officer constitutes filing under this article. (2) Except as provided in subsections (6) and (8) of this Code section a filed financing statement is effective for a period of five years from the date of filing or until the twentieth day following any maturity date specified in the financing statement, whichever is earlier. Except as provided in subsection (8) of this Code section, the effectiveness of a filed financing statement lapses on the earlier of the expiration of the five-year period or the twentieth day following any maturity date specified in the financing statement unless a continuation statement is filed prior to the lapse. If a security interest perfected by filing exists at the time insolvency proceedings are commenced by or against the debtor, the security interest remains perfected until termination of the insolvency proceedings and thereafter for a period of 60

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days or until the normal expiration date of the financing statement, whichever occurs later. Upon lapse the security interest becomes unperfected, unless it is perfected without filing. If the security interest becomes unperfected upon lapse, it is deemed to have been unperfected as against a person who became a purchaser or lien creditor before lapse. (3) A continuation statement may be filed by the secured party within six months prior to the expiration date specified in subsection (2) of this Code section. Any such continuation statement must be presented on the form prescribed by the Georgia Superior Court Clerks' Cooperative Authority for continuation statements and must identify the file number of the original statement, state that the original statement is still effective, and contain all of the information required under Code Section 11-9-402 for an original financing statement. A continuation statement signed by a person other than the secured party of record must be accompanied by a separate written statement of assignment signed by the secured party of record and complying with subsection (2) of Code Section 11-9-405, including payment of the required fee. Upon timely filing of the continuation statement, the effectiveness of the original statement is continued for a period of five years after the date to which the filing was effective or until the twentieth day following any maturity date specified in the continuation statement, whichever is earlier, whereupon it lapses in the same manner as provided in subsection (2) of this Code section unless another continuation statement is filed prior to such lapse. Succeeding continuation statements may be filed in the same manner to continue the effectiveness of the original statement. (4) A filing officer shall mark each statement with a file number and with the date and hour of filing and shall hold the statement or a microfilm or other photographic copy thereof for public inspection. In addition the filing officer shall index the statements according to the name of the debtor and shall note in the index the file number and the address of the debtor given in the statement. (5) The uniform fee for filing and indexing and for stamping a copy furnished by the secured party to show the

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date and place of filing for an original or a continuation statement shall be as required by Article 2 of Chapter 6 of Title 15. (6) A real estate mortgage filed prior to July 1, 1994, which is effective as a fixture filing under subsection (6) of Code Section 11-9-402 remains effective as a fixture filing until the mortgage is released or satisfied of record or its effectiveness otherwise terminates as to the real estate. On and after July 1, 1994, a real estate mortgage may not be filed as a fixture filing under Code Section 11-9-402. (7) When a financing statement covers crops growing or to be grown, or minerals or the like (including oil and gas) or accounts subject to subsection (5) of Code Section 11-9-103, or is filed as a fixture filing, a notice filing for Uniform Commercial Code related real estate on the form prescribed by the Georgia Superior Court Clerks' Cooperative Authority must be filed in the real estate records in the county or counties where the real estate is located, which notice filing will be indexed under the name of any owner or lessee of record if any is shown thereon, or if no such name is shown, under the name of the debtor in the same fashion as if they were the mortgagors in a mortgage of the real estate described. (8) Except as provided in subsection (6) of this Code section, any financing statement or continuation statement which was filed on or after July 1, 1985, which described collateral not consisting only of consumer goods as defined in Code Section 11-9-109, or for which the secured obligation as defined in subsection (1) of Code Section 11-9-402 originally was greater than $5,000.00, is effective for a period of five years from the date of filing notwithstanding any maturity date specified in any such financing or continuation statement and notwithstanding any provision of prior law to the contrary, unless such financing statement or continuation statement lapsed prior to March 26, 1986. 11-9-404. (1) Whenever there is no outstanding secured obligation and no commitment to make advances, incur obligations, or otherwise give value, the secured party shall file a termination statement on a form prescribed by

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the Georgia Superior Court Clerks' Cooperative Authority for termination statements with each filing officer with whom the financing statement was filed to the effect that he no longer claims a security interest under the financing statement, which shall be identified by the file number of the original statement. A termination statement signed by a person other than the secured party of record must be accompanied by a separate written statement of assignment signed by the secured party of record and complying with subsection (2) of Code Section 11-9-405, including payment of the required fee. If the affected secured party fails to send such a termination statement within 60 days after the debt has been paid in full, he shall be liable to the debtor for $100.00 and, in addition, for any loss caused to the debtor by such failure. (2) On presentation to the filing officer of such a termination statement he must mark the statement with the hour and date of filing and shall index the termination statement according to the name of the debtor and the file number of the original statement and shall note in the index the address of the debtor. If he has received the termination statement in duplicate, he shall return one copy of the termination statement to the secured party stamped to show the time of receipt thereof. If the filing officer has a microfilm or other photographic record of the financing statement, and of any related continuation statement, statement of assignment, and statement of release, he may remove the originals from the files at any time after receipt of the termination statement, or if he has no such record, he may remove them from the files at any time after one year after receipt of the termination statement. (3) The uniform fee for filing and indexing a termination statement of a financing statement shall be as required by Article 2 of Chapter 6 of Title 15. 11-9-405. (1) A financing statement may disclose an assignment of a security interest in the collateral described in the financing statement by indication in the financing statement of the name and address of the assignee or by an assignment itself or a copy thereof on the face or back of the

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statement. On presentation to the filing officer of such a financing statement the filing officer shall mark the same as provided in Code Section 11-9-403(4). The uniform fee for filing, indexing, and stamping a copy of a financing statement so indicating an assignment shall be as required by Article 2 of Chapter 6 of Title 15. (2) A secured party may assign of record all or part of his rights under a financing statement by the filing in the office of the clerk of the superior court of the county where the original financing statement was filed of a separate written statement of assignment, on the form prescribed by the Georgia Superior Court Clerks' Cooperative Authority, signed by the secured party of record and setting forth the name of the secured party of record and the debtor, the file number and the date of filing of the financing statement, and the name and address of the assignee and containing a description of the collateral assigned. On presentation to the filing officer of such a separate statement of assignment, the filing officer shall mark such separate statement with the date and hour of the filing. In addition, he or she shall index the separate statement of assignment according to the name of the debtor and shall note in the index the file number and the address of the debtor. The uniform fee for filing, indexing, and stamping a copy of such a separate statement of assignment shall be as required by Article 2 of Chapter 6 of Title 15. (3) After the disclosure or filing of an assignment under this Code section, the assignee is the secured party of record. 11-9-406. A secured party of record may by his signed statement release all or a part of any collateral described in a filed financing statement. The statement of release is sufficient if it contains, on the form prescribed by the Georgia Superior Court Clerks' Cooperative Authority, a description of the collateral being released, the name and address of the debtor, the name and address of the secured party, and the file number of the financing statement. A statement of release signed by a person other than the secured party of record must be accompanied by a separate written statement of assignment signed by the secured party of record and complying

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with subsection (2) of Code Section 11-9-405, including payment of the required fee. Upon presentation of such a statement of release to the filing officer he shall mark the statement with the hour and date of filing and shall index the statement of release according to the name of the debtor and shall note in the index the file number and the address of the debtor. The uniform fee for filing and noting such a statement of release shall be as required by Article 2 of Chapter 6 of Title 15. Section 6. Said title is further amended by adding at the end of Code Section 11-9-407, relating to information from the filing officer and destruction of old records, three new subsections, to be designated as subsections (3), (4), (5), and (6), to read as follows: (3) The Georgia Superior Court Clerks' Cooperative Authority or its designated agent or agents shall develop and implement a central indexing system containing substantially the information included on financing statements, amendments to financing statements, assignments of financing statements, continuation statements, termination statements, releases of collateral, and other documents related to personal property as may be filed pursuant to this part. The Georgia Superior Court Clerks' Cooperative Authority or its designated agent shall, within 24 hours after receipt of the filing information required by Code Section 15-6-61, include such data in the central indexing system and make such information available to the public through the central index. Weekends and holidays shall not be included in the calculation of the 24 hour period. (4) The Georgia Superior Court Clerks' Cooperative Authority or its designated agent shall provide oral confirmation regarding the existence or nonexistence of an entry in the central index within 24 hours of receipt of a request complying with the rules and regulations of the authority and the payment of such fees as may be required by the authority, which oral confirmation must be followed by a written confirmation.

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(5) The Georgia Superior Court Clerks' Cooperative Authority shall issue such rules and regulations, including prescribing required forms of documents, as appropriate to develop and implement the central indexing system described in this Code section and is further authorized to set and collect fees for incidental services and information provided by the authority or its designated agent with respect to the central indexing system if such fees are not otherwise prescribed by law. (6) The Georgia Superior Court Clerks' Authority shall not be authorized to issue regulations to implement a notification system for farm products in conformity with the requirements of Section 1324 of the federal Food Security Act of 1985, P.L. 99-198, as now in effect or as hereafter amended, and shall not be authorized to request certification of such notification system by the Secretary of the United States Department of Agriculture. Section 7. Said title is further amended by adding at the end thereof a new Article 12 to read as follows: ARTICLE 12 REVISIONS TO ARTICLE 9 FILING 11-12-101. Effective date. This Act shall become effective at 12:01 A.M. on July 1, 1994. 11-12-102. Transition provisions. (1) A financing statement or continuation statement filed prior to July 1, 1994, which shall not have lapsed prior to July 1, 1994, shall remain effective for the period provided in Code Section 11-9-403 as in effect immediately prior to July 1, 1994. (2) The effectiveness of any financing statement or continuation statement filed prior to July 1, 1994, may be continued by a continuation statement as permitted by Code Section 11-9-403, except that if Code Section 11-9-401(1) as in effect on July 1, 1994, requires a filing with the clerk of superior court of any county of the state with respect to collateral of the type described in such financing statement or

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continuation statement, the effectiveness of such financing statement or continuation statement with respect to such collateral may be continued only by the filing of a new financing statement signed by either the debtor or the secured party with the clerk of superior court of the county where the original statement was filed, or if filed in multiple counties, then in any one of the original counties. This financing statement must contain the information required by the first sentence of Code Section 11-9-402(1) and must further identify the prior financing statement, the office where and the date when the last filing was made with respect thereto, and the filing number or other recording information, and further state that the prior financing statement is still effective. Except as specified in this subsection, the provisions of Code Section 11-9-403(3) for continuation statements apply to such a financing statement. Section 8. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking subsection (a) of Code Section 15-6-61, relating to the duties of the clerks of the superior courts, in its entirety and inserting in lieu thereof the following: (a) It is the duty of a clerk of superior court: (1) To keep the clerk's office and all things belonging thereto at the county site and at the courthouse or at such other place or places as authorized by law; (2) To attend to the needs of the court in the performance of the duties of the clerk; (3) To issue and sign every summons, writ, execution, process, order, or other paper under authority of the court and attach seals thereto when necessary. The clerk shall be authorized to issue and sign under authority of the court any order to show cause in any pending litigation and any other order in the nature of a rule nisi, where no injunctive or extraordinary relief is granted; (4) To keep in the clerk's office the following dockets or books:

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(A) A civil docket which shall contain separate case number entries for all civil actions filed in the office of the clerk, including complaints, proceedings, URESA actions, domestic relations, contempt actions, motions and modifications on closed civil actions, and all other actions civil in nature except adoptions; (B) A criminal docket which shall contain a summary record of all criminal indictments in which true bills are rendered and all criminal accusations filed in the office of the clerk of superior court. The criminal docket shall contain entries of other matters of a criminal nature filed with the clerk, including quasi-civil proceedings and entries of cases which are ordered dead docketed at the discretion of the presiding judge and which shall be called only at the judge's pleasure. When a case is thus dead docketed, all witnesses who may have been subpoenaed therein shall be released from further attendance until resubpoenaed; (C) A general execution docket on which may be entered all executions, such docket to be indexed in the name of the judgment debtor; (D) A lis pendens docket, in which shall be recorded all notices of lis pendens on real property filed with the clerk, such docket to have direct and reverse indexes; (E) A docket, file, series of files, book or series of books, microfilm records, or electronic data base for recording all deeds, liens, or other documents concerning or evidencing title to real property, where not otherwise specifically provided for; and (F) An attachment docket, showing the names of the plaintiff and defendant in attachment, the court to which the attachment is returnable, the amount claimed, and a brief description of the land or other property to be levied on;

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(5) To keep all the books, papers, dockets, and records belonging to the office with care and security and to keep the papers filed, arranged, numbered, and labeled, so as to be of easy reference; (6) To keep at the clerk's office all publications of the laws of the United States furnished by the state and all publications of the laws and journals of this state, all statute laws and digests, this Code, the Supreme Court and Court of Appeals reports, and all other law books or other public documents distributed to him, for the public's convenience; provided, however, the clerk may consent that these publications be maintained in the public law library; (7) To procure a substantial seal of office with the name of the court and the county inscribed thereon, if this has not already been done; (8) To make out and deliver to any applicant, upon payment to the clerk of legal fees, a correct transcript, properly certified, of any minute, record, or file of the clerk's office except for such records or documents which are, by provision of law, not to be released; (9) Upon payment of legal fees to the clerk, to make out a transcript of the record of each case to be considered by the Supreme Court or the Court of Appeals and a duplicate thereof numbered in exact accordance with the numbering of the pages of the original transcript of the record to be transmitted to the Supreme Court and the Court of Appeals; (10) To make a notation on all conveyances or liens of the day they were left to be recorded, which shall be evidence of the facts stated. Such notation may be made by the clerk or the clerk's deputy or employee by written signature, facsimile signature, or mechanical printing; (11) To attest deeds and other written instruments for registration;

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(12) To administer all oaths required by the court and to record all oaths required by law; (13) To transmit within 24 hours of filing of any financing statement, amendment to a financing statement, assignment of a financing statement, continuation statement, termination statement, or release of collateral, by facsimile or other electronic means, such information and in such form and manner as may be required by the Georgia Superior Court Clerks' Cooperative Authority, for the purpose of including such information in the central indexing system administered by such authority; provided, however, that weekends and holidays shall not be included in the calculation of the 24 hour period; (14) To remit to the Georgia Superior Court Clerks' Cooperative Authority a portion of all fees collected with respect to the filings of financing statements, amendments to financing statements, assignments of financing statements, continuation statements, termination statements, releases of collateral, or any other documents related to personal property and included in the central index, in accordance with the rules and regulations of such authority regarding the amount and payment of such fees; provided, however, that such fees shall be remitted to the authority not later than the tenth day of the month following the collection of such fees, and the clerk shall not be required to remit such fees more often than once a week; and (15) To perform such other duties as are or may be required by law or as necessarily appertain to the office of clerk of the superior court. Section 9. Said title is further amended by striking Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to filing fees of the superior courts, in its entirety and inserting in lieu thereof the following: 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.

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(b) All sums as provided for in this Code section shall be inclusive of the sums that the clerks of the superior courts may 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 paid or compensated on a salary basis, the fees provided for in this Code section shall be paid into the county treasury less and except such sums as are otherwise directed to be paid pursuant to Code Section 15-6-61 and 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

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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 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:

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(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, notice filings for Uniform Commercial Code related real estate, 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 Each page, after the first 2.00 (B) Filing and indexing financing statements, amendments to financing statements, continuation statements, termination statements, release of collateral, or other filing pursuant to Part 4 of Article 9 of Title 11, first page 10.00 Each page, after the first 2.00 (2) Filing maps or plats, each page 7.50 (3) 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, if no assistance is required from the office of the clerk of superior court, per page .25 Uncertified copies, if assistance is required 1.00 Uncertified copies, if transmitted telephonically or electronically, first page 2.50 Each page, after the first 1.00 (3) Uncertified copies of documents, drawings, or plats, copy larger than 8.5 [UNK] 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 (7) The clerk may provide computer data or computer generated printouts of public records subject to disclosure maintained on computer by, or available to, the clerk, for each page or partial page of printed data or copies of such 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 (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 filingstatements 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: (A) Articles of incorporation 20.00 (B) Articles of amendment 20.00 (C) Restated articles 20.00 (D) Merger 20.00 (E) Dissolution 20.00 (F) Involuntary dissolution no fee (G) Consolidation and merger 20.00 (H) Certificate of election to dissolve 20.00 (I) Order approving change of principal office no fee (J) Articles of incorporation as required by Code Section 46-5-100 20.00

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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 (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.

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(i) No fees shall be charged for the following: (1) Filing an assignment that is indicated on the original financing statement, as provided in Code Section 11-9-405; (2) Recording discharge certificates of veterans, as provided in Code Section 15-6-78; (3) Recording and certifying documents in connection with admission to practice law. (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.

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(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. (m) The sheriffs of this state shall not be required to pay recording fees for criminal bonds and writs of fieri facias issued on criminal bond forfeitures. Section 10. Sections 1, 2, 3, 4, 5, 6, 7, and 8 of this Act shall become effective at 12:01 A.M. on July 1, 1994. Section 9 of this Act shall become effective January 1, 1994. Section 11. All laws and parts of laws in conflict with this Act are repealed. Approved April 27, 1993. LOCAL GOVERNMENT EFFICIENCY ACT STATE GRANTS PROGRAMS; REQUIRED PERFORMANCE AUDITS. Code Title 36, Chapter 86 Enacted. No. 564 (House Bill No. 83). AN ACT To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to enact the Local Government Efficiency Act; to state legislative findings; to define

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terms; to provide for a program of state grants for the assessment, planning, and carrying out of consolidations of local government units and local government service delivery programs; to provide for required specialized performance grants of local government service delivery programs with respect to achievement of enhanced effectiveness and cost savings through such consolidations; to provide for administration by the Department of Community Affairs; to provide for the withholding of state grants to local government units failing to complete required performance audits; to provide for other related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by adding at its end a new Chapter 86 to read as follows: CHAPTER 86 36-86-1. This chapter shall be known and may be cited as the `Local Government Efficiency Act.' 36-86-2. The General Assembly finds and determines that there is a pressing need for modernization and reorganization of local government service delivery programs in many parts of the state. Both increasing population and urbanization in some areas of the state, as well as relative population decreases in other areas of the state, together with modern developments in transportation, communication, information, and other service delivery equipment and systems have rendered obsolete many of the traditional local government territorial systems for delivery of local government services. In many cases the consolidation of local government units or the consolidation of local government service delivery programs can lead to increased efficiency in the delivery of local government services, thereby providing either enhanced service delivery, lower levels of taxation, or both. In other cases, however, existing territorial systems for local

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government service delivery already operate in an efficient and cost-effective manner. The purpose of this chapter is to provide incentives and requirements relating to consolidation of local government units and local government service delivery programs in those cases where such consolidation will improve efficiency and cost effectiveness, without disturbing territorial arrangements which already operate in an efficient and cost-effective manner. 36-86-3. As used in this chapter, the term: (1) `Local government unit' includes each county in the state, each municipality in the state, and each local authority in the state which operates any local government service delivery program but does not include local school systems. (2) `Service' or `local government service' includes any and all services provided by a local government unit, including but not limited to the following: (A) Law enforcement; (B) Fire protection and fire safety; (C) Road and street construction and maintenance; (D) Public transportation; (E) Water supply and distribution; (F) Waste-water, sewage, and storm-water collection and disposal; (G) Public housing; (H) Public health services;

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(I) Enforcement of building, housing, plumbing, and electrical codes and other similiar codes; (J) Parks and recreation systems; (K) Planning and zoning; (L) Solid waste management; and (M) Electric or gas utility services. 36-86-4. (a) There is established within the Department of Community Affairs a local governmental efficiency grant program. Funds may be appropriated to such grant program by line item reference in any appropriations Act, and any funds so appropriated shall be used for the sole purpose of making grants to local governments in the following categories: (1) Efficiency assessment grants which shall be made available for the purpose of assessing the need for and desirability of consolidation of local government units or local government service delivery programs (including privatization of such programs) or both; (2) Consolidation planning grants which shall be made available for the purpose of planning for the consolidation of local government units or local government service delivery programs (including privatization of such programs) or both, when it has been determined that such consolidation is needed and desirable; and (3) Consolidation implementation grants which shall be made available for the purpose of carrying out consolidation of local government units or local government service delivery programs (including privatization of such programs) or both, where it has been determined that such consolidation is needed and desirable and a plan has been developed for carrying out the consolidation.

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(b) The Department of Community Affairs shall promulgate not later than October 1, 1993, rules and regulations which shall provide for: (1) Standards and procedures for allocating local governmental efficiency grant funds appropriated or otherwise made available to the department among the three categories of grants specified in subsection (a) of this Code section; (2) Standards and procedures for local governments to make application for local governmental efficiency grant funds; and (3) Standards and procedures for the awarding of local governmental efficiency grant funds, such standards to be consistent with the statement of legislative findings set out in Code Section 36-86-2. (c) The rules and regulations provided for in subsection (b) of this Code section shall be promulgated as specified in Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' except with respect to assignment to standing committees of the General Assembly. Such rules and regulations shall be assigned and transmitted to each of two standing committees in both the House and Senate, as follows: Senate Committees on Appropriations and Urban and County Affairs and House Committees on Appropriations and State Planning and Community Affairs. Any one of such committees shall be authorized to file an objection to such rules and regulations in the manner specified in Chapter 13 of Title 50. (d) Funds appropriated for local governmental efficiency grants shall be subject to normal budgetary processes and controls, including the lapsing of unexpended and uncommitted funds at the end of each fiscal year. (e) The Department of Community Affairs shall provide procedures and guidelines specifying the manner of conducting and contents of the efficiency assessments that are authorized to be conducted under the efficiency assessment

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grant program set out in paragraph (1) of subsection (a) of this Code section. (f) The efficiency assessments shall be conducted only for the purpose of providing the local government units with the cost savings and efficiencies, if any, which could be achieved through consolidation of governmental units or service delivery programs or both. There shall be no requirement that local government units that elect to conduct an efficiency assessment be compelled to consolidate local government units or local government service delivery programs as a result of the findings of the efficiency assessment. (g) No local government shall be required to undertake any of the studies necessary for carrying out the provisions of subsection (a) of this Code section unless funds are appropriated for the purposes of that subsection. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 27, 1993. LOCAL GOVERNMENT MUNICIPAL CORPORATIONS; INACTIVE STATUS; REPEAL OF CHARTER. Code Section 36-30-7.1 Enacted. No. 565 (House Bill No. 84). AN ACT To amend Chapter 30 of Title 36 of the Official Code of Georgia Annotated, relating to municipal corporations in general, so as to provide for the determination of inactive municipalities which do not meet certain minimum standards for determining active municipalities; to provide for the repeal of charters of such inactive municipalities; to provide for a method of certification of continued existence or termination to the Department

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of Community Affairs; to provide for the automatic termination of municipal corporations not making the required certification; to provide for the automatic termination of local authorities created by or for terminated municipal corporations; to provide for documentation of continued existence or termination; to provide for devolution of assets and property and rights and obligations upon counties; to provide for special district taxation to retire indebtedness; to provide for the use of certain assets and the proceeds from the sale of certain property to retire indebtedness; to provide for certain reincorporations under certain limited circumstances; to provide for a judicial declaration of terminations not otherwise established; to provide for other related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 30 of Title 36 of the Official Code of Georgia Annotated, relating to municipal corporations in general, is amended by adding, immediately after Code Section 36-30-7, a new Code Section 36-30-7.1 to read as follows: 36-30-7.1 (a) On and after July 1, 1995, any municipal corporation in this state shall be deemed an inactive municipality and its charter shall be repealed by operation of law if the municipal corporation fails to meet any of the minimum standards provided in subsection (b) of this Code section for determining an active municipality. (b) An active municipality is any incorporated municipality in this state the governing body of which meets each of the following minimum standards: (1) Provides at least three of the following services, either directly or by contract: (A) Law enforcement; (B) Fire protection (which may be furnished by a volunteer fire force) and fire safety;

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(C) Road and street construction or maintenance; (D) Solid waste management; (E) Water supply or distribution or both; (F) Waste-water treatment; (G) Storm-water collection and disposal; (H) Electric or gas utility services; (I) Enforcement of building, housing, plumbing, and electrical codes and other similar codes; (J) Planning and zoning; and (K) Recreational Facilities; (2) Holds at least six regular, monthly or bimonthly, officially recorded public meetings within the 12 months next preceding the execution of the certificate required by subsection (c) of this Code section; and (3) Qualifies for and holds a regular municipal election as provided by law, other than a municipality which has a governing authority comprised of commissioners or other members who are appointed by a judge of the superior court. (c) Not later than July 1, 1994, each municipal corporation in this state shall file with the Department of Community Affairs either: (1) A certification from the governing authority that the municipal corporation meets the minimum standards for determining an active municipality enumerated in subsection (b) of this Code section; or (2) A certification from the governing authority that the municipal corporation does not meet the minimum

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standards for determining an active municipality enumerated in subsection (b) of this Code section, including a statement that the governing authority recognizes that its legal existence will under the provisions of this Code section be terminated as of July 1, 1995. (d) After October 15, 1994, the Department of Community Affairs shall transmit to the governing authority of each municipal corporation in the state either: (1) A statement confirming that the Department of Community Affairs has received from the municipal corporation the filing required by subsection (c) of this Code section, including a statement of which type of filing was received from that municipal corporation; or (2) A statement that the Department of Community Affairs has not received from the municipal corporation the filing required by subsection (c) of this Code section, including a statement that the municipal corporation's legal existence will be terminated as of July 1, 1995, unless such filing is received by December 31, 1994. (e) A municipal corporation which does not timely make the filing required by subsection (c) of this Code section shall have a grace period until December 31, 1994, to make such filing. However, if such filing is not made by December 31, 1994, the legal status of the municipal corporation shall be the same as that of a municipal corporation which does not meet the minimum standards for determining an active municipality enumerated in subsection (b) of this Code section; and such municipal corporation shall cease to have legal existence as of July 1, 1995. (f) As quickly as practicable after December 31, 1994, the Department of Community Affairs shall compile a listing of all municipal corporations in this state indicating those whose legal existence will be terminated as of July 1, 1995, and those whose legal existence will not be so terminated. A certified copy of such listing shall be provided to the Secretary of State and shall be conclusive evidence, acceptable in any court and recordable in any public records, of the termination

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or continuation of existence of a municipal corporation. The Secretary of State shall transmit such a certified copy of the listing to the legislative counsel for publication in the Georgia Laws for the year 1995, and all courts of this state may take judicial notice of the listing so published. (g) Upon the termination of existence of a municipal corporation as provided for in this Code section, the existence of any local authority created by or for such municipal corporation shall likewise terminate on the same date. Upon the termination of any municipal corporation or local authority under this Code section, all assets, property, and legal rights and obligations of the municipal corporation or local authority shall devolve by operation of law upon the governing authority of the county in which the legal situs of the municipal corporation or local authority was located; provided, however, that this devolution of rights and obligations shall in no manner obligate the county to provide continued employment for any employee of the abolished municipal corporation or local authority. In the case of legal indebtedness of a municipal corporation or local authority devolving upon a county under this Code section, the county shall be authorized but not required to levy a special district tax, fee, or assessment within the formerly incorporated territory (or a portion thereof corresponding to any special district for which the indebtedness was incurred) for the purpose of retiring all or a portion of such indebtedness. Assets devolved to the county governing authority pursuant to this Code section which are deemed to be excess by the county shall be used to retire any indebtedness of the terminated municipal corporation or local authority. Property devolved to the county governing authority pursuant to this Code section which is deemed to be unnecessary by the county shall be sold and the proceeds from such sale used to retire any indebtedness of the terminated municipal corporation or local authority. (h) Upon the termination of existence of a municipal corporation as provided in this Code section, the geographic area that was contained in the boundaries of the former municipal corporation may continue to be identified under the same name and style as the former municipal corporation,

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and for such purpose signs and other appropriate insignia may be erected for such identification. The Department of Community Affairs shall establish a designation of `historical township' for communities created on or before 1900, provide for the establishment of unincorporated town councils, provide a procedure for converting such municipalities to townships and for registration of such. (i) At the session of the General Assembly held in the year 1996 only, a new charter may be granted to a municipal corporation which ceased to exist under the provisions of this Code section solely because of a failure to make the required filing with the Department of Community Affairs (not including any case where the municipal corporation failed to meet the minimum standards of an active municipality enumerated in subsection (b) of this Code section), without regard to the minimum standards for incorporation set out in Chapter 31 of this title. In such a case the local law granting the new charter shall have attached thereto, in lieu of the certificate otherwise required by Code Section 36-31-5, a certificate by the author of the bill stating that the requirements of this subsection are met by the municipal corporation being reincorporated. In any such case assets and property and rights and obligations which devolved upon the county shall be retransferred from the county back to the municipal corporation. (j) In any case in which the legal dissolution of a municipal corporation has not been certified under the provisions of subsection (f) of this Code section but the municipal corporation does not in fact meet the minimum standards for determining an active municipality enumerated in subsection (b) of this Code section, any citizen of the municipal corporation or the county in which the legal situs of the municipal corporation is located may bring at any time on or after July 1, 1995, a declaratory judgment action for a declaration of the dissolution of the municipal corporation. Any such action shall be brought in the superior court of the county wherein the legal situs of the municipal corporation is located. If a judgment is entered declaring the dissolution of the municipal corporation, the court shall file a certified copy of the

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judgment with the Secretary of State and the legislative counsel. A copy of such judgment shall be published in the next publication of the annual session laws with the same status and effect provided for in subsection (f) of this Code section; and a certified copy of the judgment from the court or the Secretary of State shall have the same status and effect as described in subsection (f) of this Code section. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 27, 1993. COMMERCE AND TRADE REGULATION OF THE DISTRIBUTION OF TRACTORS, FARM EQUIPMENT, HEAVY EQUIPMENT, AND MOTOR VEHICLES. Code Title 10, Chapter 1, Articles 22 and 26 Amended. Code Title 13, Chapter 8, Articles 2 and 3 Amended. No. 566 (House Bill No. 454). AN ACT To amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to trade practices, and Chapter 8 of Title 13 of the Official Code of Georgia Annotated, relating to illegal and void contracts, so as to provide for regulation of the distribution of tractors, farm equipment, heavy equipment, and motor vehicles; to regulate the conduct of manufacturers, distributors, dealers, and other parties involved in such distribution; to regulate their contractual agreements and business practices and prohibit unfair practices and other abuses; to state legislative intent; 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:

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Section 1. It is the intent of the General Assembly to substantively reenact certain legislation relating to distribution of tractors, farm equipment, heavy equipment, and motor vehicles subsequent to the ratification at the 1992 general election of a constitutional amendment declaring that such distribution vitally affects the general economy of the state and the public interest and public welfare and authorizing the General Assembly to regulate such distribution. This Act is intended to ratify and affirm the validity of such legislation subsequent to the ratification of said constitutional amendment; and this Act shall not in any manner be construed to imply a legislative determination that such legislation was not valid prior to the ratification of said constitutional amendment. Section 2. Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to trade practices, is amended by striking in its entirety Article 22, the Georgia Motor Vehicle Franchise Practices Act, and inserting in its place a new Article 22 to read as follows: ARTICLE 22 Part 1 10-1-620. This article shall be known and may be cited as the `Georgia Motor Vehicle Franchise Practices Act.' 10-1-621. The General Assembly finds and declares that: (1) The distribution and sale of motor vehicles within this state are vital to the general economy of this state and to the public interest and public welfare; (2) The provision for warranty service and the repair of predelivery transportation damages to motor vehicles is of substantial concern to the people of this state; (3) The maintenance of full and fair competition among dealers and others is in the public interest; and

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(4) The maintenance of strong and sound dealerships is essential to provide continuing and necessary reliable services to the consuming public in this state and to provide stable employment to the citizens of this state. 10-1-622. As used in this article, the term: (1) `Dealer' means any person engaged in the business of selling, offering to sell, soliciting, or advertising the sale of new motor vehicles and who is licensed or otherwise authorized to utilize trademarks or service marks associated with one or more makes of motor vehicles in connection with such sales. The term `dealer' shall not mean any person engaged solely in the business of selling used motor vehicles. (2) `Dealership' means: (A) The dealer, if the dealer is a corporation, partnership, or other business organization; or (B) All business assets used in connection with the dealer's business pursuant to the franchise including, but not limited to, the dealership facilities, the franchise, inventory, accounts receivable, and good will if the dealer is an individual. (3) `Dealership facilities' means the location at which a dealer, pursuant to a franchise, maintains a permanent showroom for new motor vehicles. (4) `Designated successor' means any person or child who, in the case of the owner's death, is entitled to inherit the ownership interest in the dealership under the owner's will or who, in the case of an incapacitated owner, has been appointed by a court as the legal representative of the owner's property or has been otherwise lawfully nominated or constituted to manage the dealership on behalf of the owner. A `designated successor' may also mean a person specifically named in the franchise agreement or any addendum to the franchise agreement.

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(5) `Distributor' means any person, resident or nonresident, who directly or indirectly in the ordinary course of business and on a recurring basis sells such new motor vehicles to a dealer for resale if such person is the principal supplier of any make of motor vehicle for two or more dealers. (6) `Franchise' means the written agreement or contract between any franchisor and any dealer which purports to fix the legal rights and liabilities of the parties to such agreement or contract and pursuant to which the dealer purchases and resells motor vehicles or leases or rents the dealership facilities. (7) `Franchisor' means: (A) Any person, resident or nonresident, who directly or indirectly licenses or otherwise authorizes one or more dealers to use a trademark or service mark associated with a make of motor vehicle in connection with the retail sale of new motor vehicles bearing such trademark or service mark; and (B) Any person who in the ordinary course of business and on a recurring basis sells such new motor vehicles to a dealer for resale. (8) `Good faith' means honesty in fact and the observation of reasonable commercial standards of fair dealing in the trade as defined and interpreted in Code Section 11-1-203. (9) `Manufacturer' means any person who performs the major portion of the assembly of a new motor vehicle. (10) `Motor vehicle' means every self-propelled vehicle intended primarily for use and operation on the public highways, except farm tractors and other machines and tools used in the production, harvesting, and care of farm products and except construction equipment.

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(11) `New motor vehicle' means a motor vehicle which has been sold to a dealer and on which the original motor vehicle title has not been issued. (12) `Owner' means any person holding an ownership interest in a dealership. (13) `Person' means every natural person, partnership, corporation, association, trust, estate, or any other legal entity. (14) `Warrantor' means any person who gives a warranty in connection with a new motor vehicle. (15) `Warranty' means a written document signed or authorized by the party on whose behalf it is given which is made or given incident to the sale or lease of a new motor vehicle which contains either statements or promises that said new motor vehicle meets or will meet certain standards or promises to perform certain repairs or other services in connection with said new motor vehicle if necessary. Such term does not include service contracts, mechanical or other insurance, or `extended warranties' sold for separate consideration by a dealer or other person not controlled by a manufacturer or distributor. 10-1-623. (a) Notwithstanding the terms, provisions, or conditions of any agreement or franchise or other terms or provisions of any novation, waiver, or other written instrument, any person who is or may be injured by a violation of a provision of this article or any party to a franchise who is so injured in his business or property by a violation of a provision of this article relating to that franchise or any person so injured because he refuses to accede to a proposal for an arrangement which, if consummated, would be in violation of this article may bring an action for damages and equitable relief including injunctive relief. (b) If the franchisor engages in aggravated or continued multiple intentional violations of a provision or provisions of

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this article, the court may award punitive damages in addition to any other damages authorized under this part. (c) A dealer, owner, or other party, if he has not suffered any loss of money, property, employment rights, or business opportunity, may obtain final equitable relief if it can be shown that the violation of a provision of this article by a franchisor may have the effect of causing such loss of money, property, employment rights, or business opportunity. (d) This Code section shall not prevent a dealer from voluntarily entering into a valid release agreement. 10-1-624. (a) Any person who engages directly or indirectly in purposeful contacts within this state in connection with the offering of advertising for sale or has business dealings with respect to a new motor vehicle sale within this state shall be subject to the provisions of this article and shall be subject to the jurisdiction of the courts of this state. (b) The applicability of this article shall not be affected by a choice of law clause in any franchise, agreement, waiver, novation, or any other written instrument. (c) Any provision of any franchise, agreement, waiver, novation, or any other written instrument executed, modified, extended, or renewed after July 1, 1983, which is in violation of any Code section of this article shall be deemed null and void and without force and effect. (d) No franchisor shall use any subsidiary corporation, affiliated corporation, or any other controlled corporation, partnership, association, or person to accomplish what would otherwise be illegal conduct under this article on the part of the franchisor. 10-1-625. Actions arising out of any provision of this article shall be commenced within a four-year period of the accrual of the cause of action; however, if a person liable under this article conceals the cause of action from the knowledge of the person entitled to bring the action, the period prior to

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the discovery of his cause of action by the person entitled to bring such action shall be excluded in determining the time limited for the commencement of the action. 10-1-626. The rights, remedies, and duties contained in this article are not exclusive but are cumulative with the rights, remedies, and duties otherwise provided by law. The rights and duties contained in the various parts of this article are not exclusive but are cumulative with the rights and duties provided in other parts of this article. 10-1-627. No franchisor, nor any agent nor employee of a franchisor, shall use a written instrument, agreement, or waiver to attempt to nullify any of the provisions of this article and any such agreement, written instrument, or waiver shall be null and void. This Code section shall not prevent a dealer from voluntarily entering into a valid release agreement. 10-1-628. Whenever any person brings an action or complaint to enforce any provision of this article in any court of competent jurisdiction and prevails or substantially prevails in such action or complaint, the court may award the person bringing such action or complaint his reasonable attorney's fees. Such attorney's fees shall be taxed and collected as part of the costs and shall be in addition to any other costs or penalties imposed. Part 2 10-1-630. This part shall be known and may be cited as the `Georgia Motor Vehicle Dealer's Day in Court Act.' 10-1-631. (a) It is declared to be violative of the existing law of the State of Georgia for any franchisor: (1) To fail to act in good faith with any dealer in connection with the sale, transfer, termination, or succession of a franchise or in connection with the operation of a dealer's business pursuant to a franchise or to fail to act in good faith in any of its business transactions with a dealer; or

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(2) To utilize a boycott, refusal to deal, threat of refusal to deal, coercion, threat of punitive action, withholding of benefits, or other unconscionable business practices in any of its business transactions with a dealer. (b) Without limitation as to other actions which may violate this Code section, it shall be evidence of a violation of this Code section if a franchisor commits any action which would be a violation of any part of Part 1 of this article, the `Georgia Motor Vehicle Franchise Practices Act.' Part 3 10-1-640. This part shall be known and may be cited as the `Motor Vehicle Warranty Practices Act.' 10-1-641. (a) (1) Each distributor, manufacturer, or warrantor: (A) Shall specify in writing to each of its dealers in this state the dealer's obligations for predelivery preparation including the repair of damages incurred in the transportation of vehicles as set forth in Code Section 10-1-642, recall work, and warranty service on its products; (B) Shall compensate the dealer for such work and service required of the dealer by the distributor, manufacturer, or warrantor; (C) Shall provide the dealer with a schedule of compensation to be paid such dealer for parts, work, and service in connection therewith; and (D) Shall provide the dealer with a schedule of the time allowance for the performance of such work and service. Any such schedule of compensation shall include reasonable compensation for diagnostic work, repair service, and labor. Time allowances for the diagnosis and performance of such work and service shall be reasonable and adequate for the work to be performed.

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(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. (b) Manufacturers and distributors shall include in written notices of factory recalls to new motor vehicle owners and dealers the expected date by which necessary parts and equipment will be available to dealers for the correction of such defects. Manufacturers and distributors shall compensate any dealers in this state for repairs effected by all recalls. (c) All such claims shall be either approved or disapproved within 30 days after their receipt on forms and in the manner specified by the manufacturer, distributor, or warrantor, and any claim not specifically disapproved in writing within 30 days after the receipt shall be construed to be approved and payment must follow within 30 days; however, the manufacturer, distributor, or warrantor may retain the right to audit such claims and to charge the dealer for false, incorrect, unsubstantiated, or fraudulent claims for a period of not more than two years following payment. 10-1-642. Notwithstanding the terms, provisions, or conditions of any agreement of franchise, a manufacturer or distributor selling motor vehicles to dealers is liable for all damages to such motor vehicles before delivery to a carrier or transporter. If a dealer selects the carrier, the risk of loss

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passes to the dealer upon delivery of the vehicle to the carrier. In every other instance, the risk of loss remains with the franchisor until such time as the dealer or his designee accepts the vehicle from the carrier. 10-1-643. All manufacturers, distributors, and warrantors shall reimburse their dealers for reasonable attorney's fees incurred by the dealer in defending any action in which the dealer is named as a defendant and in which the allegations set forth in the action are based solely upon claims of alleged defective or negligent manufacture, assembly, design of new motor vehicles, parts, or accessories, or other functions by the distributor, manufacturer, or warrantor which are beyond the control of the dealer. For this Code section to be applicable, the dealer must give notice to the manufacturer, distributor, and warrantor within 30 days of the receipt of the action if the manufacturer, distributor, or warrantor is not a named defendant in the action. In addition, this Code section only applies to actions in which a judgment or finding of fault is returned only against the manufacturer, distributor, or warrantor or in which the manufacturer, distributor, or warrantor enters into an agreement which settles or makes final disposition of the action. 10-1-644. This part shall not be applicable with respect to vehicles shipped or contracted to be shipped prior to July 1, 1983, pursuant to contracts which contain provisions which are contrary to matters contained in this part. Part 4 10-1-650. This part shall be known and may be cited as the `Motor Vehicle Franchise Continuation and Succession Act.' 10-1-651. (a) Notwithstanding the terms, provisions, or conditions of any franchise and notwithstanding the terms or provisions of any waiver, no franchisor shall cancel, terminate, or fail to renew any franchise with a dealer unless the franchisor:

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(1) Has satisfied the notice requirement of subsection (e) of this Code section; and (2) Has good cause for cancellation, termination, or nonrenewal. (b) Notwithstanding the terms, provisions, or conditions of any franchise or the terms or provisions of any waiver, good cause shall exist for the purposes of a termination, cancellation, or nonrenewal when there is a failure by the dealer to comply with a provision of the franchise which is both reasonable and of material significance to the franchise relationship, provided the dealer has been notified in writing of the failure within 180 days after the franchisor first acquired knowledge of such failure or after the dealer is given a reasonable opportunity to correct such failure for a period of not less than 180 days. (c) If the failure by the dealer, as defined in subsection (b) of this Code section, relates to the performance of the dealer in sales or service, then good cause shall be defined as the failure of the dealer to comply with reasonable performance criteria established by the franchisor if: (1) The dealer was notified by the franchisor in writing of such failure; (2) Said notification stated that notice was provided of failure of performance pursuant to this Code section; and (3) The dealer was afforded a reasonable opportunity, for a period of not less than six months, to comply with such criteria. (d) The franchisor shall have the burden of proof under this Code section. (e) (1) Notwithstanding franchise terms to the contrary, prior to the termination, cancellation, or nonrenewal of any franchise, the franchisor shall furnish notification, as provided in paragraph (2) of this subsection, of

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such termination, cancellation, or nonrenewal to the dealer as follows: (A) Not less than 90 days prior to the effective date of such termination, cancellation, or nonrenewal; (B) Not less than 15 days prior to the effective date of such termination, cancellation, or nonrenewal with respect to any of the following: (i) Insolvency of the dealer, or filing of any petition by or against the dealer under any bankruptcy or receivership law; (ii) Failure of the dealer to conduct its customary sales and service operations during its customary business hours for seven consecutive business days, except for acts of God or circumstances beyond the direct control of the dealer; (iii) Conviction of the dealer, general manager, or managing executive or any owner with a substantial interest therein of any crime which materially relates to the operation of the dealership or any felony which is punishable by imprisonment; (iv) Suspension for a period of more than 14 days or revocation of any license which the dealer is required to have to operate a dealership; or (v) Fraud or intentional misrepresentation by the dealer which materially affects the franchise, provided the franchisor gives notice within one year of the time when the fraud or misrepresentation occurred or was discovered, whichever is later; or (C) Not less than 180 days prior to the effective date of such termination or cancellation where

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the franchisor is discontinuing the sale of the product line. (2) Notification under this Code section shall be in writing and shall be by certified mail or personally delivered to the dealer and shall contain: (A) A statement of intention to terminate, cancel, or not to renew the franchise; (B) A statement of the reasons for the termination, cancellation, or nonrenewal; and (C) The date on which such termination, cancellation, or nonrenewal is to take effect. (f) (1) (A) Upon the termination, cancellation, or nonrenewal of any franchise by the franchisor, the franchisor shall repurchase from the dealer any new and unused motor vehicles of the current model year and any new and unused motor vehicles acquired by the dealer within 12 months of the date of termination, cancellation, or nonrenewal so long as such motor vehicles have been acquired from the franchisor or from another dealer of the franchisor prior to receipt of the notice of termination, cancellation, or nonrenewal and so long as such motor vehicles have not been altered, damaged, or materially changed while in the dealer's possession. Any new and unused motor vehicle repurchased by the franchisor shall be repurchased at the net cost to the dealer. For purposes of this subparagraph, a motor vehicle shall be considered new and unused if it has less than 500 miles on the odometer and has not been issued a certificate of title. (B) In addition to the motor vehicles repurchased under subparagraph (A) of this paragraph, the franchisor shall repurchase demonstration motor vehicles of the current model year and demonstration

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motor vehicles acquired by the dealer within 12 months of the date of termination, cancellation, or nonrenewal so long as such motor vehicles have been acquired from the franchisor or from another dealer of the franchisor prior to receipt of the notice of termination, cancellation, or nonrenewal and so long as such motor vehicles have not been altered, damaged, or materially changed and so long as such motor vehicles do not have more than 6,000 miles each on their odometers. Any such demonstration motor vehicle shall be repurchased at the net cost to the dealer less an allowance for use equal to the net cost to the dealer times the current mileage divided by 100,000. The franchisor shall repurchase a number of demonstration motor vehicles equal to 10 percent of the number of motor vehicles repurchased under subparagraph (A) of this paragraph; however, in no event shall the number of demonstration motor vehicles which the franchisor is required to repurchase ever be less than two or more than 15 motor vehicles. (C) For purposes of this paragraph, a motor vehicle shall not be deemed to have been altered, damaged, or materially changed if it has been provided with original equipment or with nonoriginal equipment which does not alter, damage, or materially change the motor vehicle, such as undercoating, pinstriping, interior conditioning, or paint sealant. (2) Upon the termination, cancellation, or nonrenewal of any franchise by the dealer, the franchisor shall repurchase from the dealer any new and unused motor vehicles, except motorcycles as defined in paragraph (29) of Code Section 40-1-1 and except motor homes as defined in paragraph (31) of Code Section 40-1-1 and except school buses as defined in paragraph (55) of Code Section 40-1-1, of the current model year so long as such motor vehicles have been acquired from the franchisor or from another dealer of the franchisor of the same linemake and in the normal course of business and so long as such motor vehicles have not been altered, damaged, or materially changed while in the dealer's possession. Any

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new and unused motor vehicle repurchased by the franchisor shall be repurchased at the net cost to the dealer. For purposes of this paragraph, a motor vehicle shall be considered new and unused if it has less than 500 miles on the odometer and has not been issued a certificate of title. For purposes of this paragraph, a motor vehicle shall not be deemed to have been altered, damaged, or materially changed if it has been provided with original equipment or with nonoriginal equipment which does not alter, damage, or materially change the motor vehicle, such as undercoating, pinstriping, interior conditioning, or paint sealant. (3) (A) Upon the termination, cancellation, or nonrenewal of any franchise by the franchisor or upon the termination, cancellation, or nonrenewal of any franchise by the franchisee, the franchisor shall repurchase, at fair and reasonable compensation, from the dealer the following: (i) Any unused, undamaged, and unsold parts which have been acquired from the franchisor, provided such parts are currently offered for sale by the franchisor in its current parts catalog and are in salable condition. Such parts shall be repurchased by the franchisor at the current catalog price, less any applicable discount; (ii) Any supplies, equipment, and furnishings, including manufacturer or line-make signs, purchased from the franchisor or its approved source within three years of the date of termination, cancellation, or nonrenewal; and (iii) Any special tools purchased from the franchisor within three years of the date of termination, cancellation, or nonrenewal or any special tools or other equipment which the franchisor required the dealer to purchase regardless of the time purchased.

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(B) Except as provided in division (i) of subparagraph (A) of this paragraph, fair and reasonable compensation shall be the net acquisition price if the item was acquired in the 12 months preceding the effective date of the termination, cancellation, or nonrenewal; 75 percent of the net acquisition price if the item was acquired between 13 and 24 months preceding the effective date of the termination, cancellation, or nonrenewal; 50 percent of the net acquisition price if the item was acquired between 25 and 36 months preceding the effective date of the termination, cancellation, or nonrenewal; 25 percent of the net acquisition price if the item was acquired between 37 and 60 months preceding the effective date of the termination, cancellation, or nonrenewal; or fair market value if the item was acquired more than 60 months preceding the effective date of the termination, cancellation, or nonrenewal. (4) The repurchase of any item under this subsection shall be accomplished within 60 days of the effective date of the termination, cancellation, or nonrenewal or within 60 days of the receipt of the item by the franchisor, whichever is later in time, provided the dealer has clear title to the inventory and other items or is able to convey such title to the franchisor and does convey or transfer title and possession of the inventory and other items to the franchisor. (5) In the event the franchisor does not pay the dealer the amounts due under this subsection or subsection (g) of this Code section within the time period set forth in this subsection, the franchisor shall, in addition to any amounts due, pay the dealer interest on such amount. This interest shall not begin to accrue until the time for payment has expired. The interest shall be computed monthly on any balance due and the monthly interest rate shall be one-twelfth of the sum of the then current Wall Street Journal Prime Interest Rate and 1 percentage point.

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(g) Within 60 days of the termination, cancellation, or nonrenewal of any franchise by the franchisor, the franchisor shall commence to reimburse the dealer for one year of the dealer's reasonable cost to rent or lease the dealership's facility or location or for the unexpired term of the lease or rental period, whichever is less, or, if the dealer owns the facility or location, for the equivalent of one year of the reasonable rental value of the facilities or location. If more than one franchise is being terminated, canceled, or not renewed, the reimbursement shall be prorated equally among the different franchisors. However, if a franchise is terminated, canceled, or not renewed but the dealer continues in business at the same location under a different franchise agreement, the reimbursement required by this subsection shall not be required to be paid. The provisions of this subsection shall not apply if the dealer is convicted of any criminal offense which conviction is cause of the termination, cancellation, or nonrenewal. In addition, any reimbursement due under this subsection shall be reduced by any amount received by the dealer by virtue of the dealer leasing, subleasing, or selling the facilities or location during the year immediately following the termination, cancellation, or nonrenewal. If reimbursement is made under this subsection, the franchisor is entitled to possession and use of the facilities or location for the period covered by such reimbursement. (h) If, in an action for damages under this Code section, the franchisor fails to prove that there was good cause for the franchise termination, cancellation, or nonrenewal, then the franchisor may pay the dealer an amount equal to the value of the dealership as an ongoing business, at which time the franchisor shall receive any title to the dealership facilities which the dealer may have and the franchisee shall surrender his franchise agreement to the franchisor. If the dealer receives an amount equal to the value as an ongoing business, the dealer shall have no other recovery from the franchisor absent a showing such as would warrant punitive damages under Code Section 10-1-623. (i) Without limitation as to factors which may constitute or indicate a lack of good cause, no termination shall be considered to be for good cause:

Page 1602

(1) If such termination relates to the death or disability of an owner and the franchisor has not complied with Code Section 10-1-652; or (2) If such termination relates to a change in ownership or management and the franchisor has not complied with Code Section 10-1-653. (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 is terminated, canceled, not renewed, modified, or replaced by a manufacturer or an importer. 10-1-652. (a) Unless there exists good cause for refusal to honor succession on the part of the franchisor, any designated successor of a deceased or incapacitated owner may succeed to the ownership interest of the owner under the existing franchise if: (1) The designated successor gives the franchisor written notice of his or her intention to succeed to the ownership interest within 60 days of the owner's death or incapacity or within a longer period if so provided in the franchise agreement; and (2) The designated successor agrees to be bound by all the terms and conditions of the franchise. (b) The franchisor may request, and the designated successor shall provide promptly upon said request, personal and financial data that is customarily required by the franchisor to determine whether the succession should be honored. (c) If a franchisor believes that good cause exists for refusing to honor the succession to the ownership interest of an owner by a designated successor of a deceased or incapacitated owner, the franchisor may, within 60 days following receipt of notice of the designated successor's intent to succeed to the ownership interest of the owner or any personal or financial data which the franchisor has requested, serve

Page 1603

upon the designated successor notice of its refusal to honor the succession and of its intent to discontinue the existing franchise with the dealer; however, if the franchisor shall enter into one or more interim or trial agreements with the designated successor, which interim or trial agreements may not extend more than three years from the owner's death or disability, then and in such event such notice shall be deemed timely if sent within 60 days of the termination of such interim or trial agreement. The notice must state the specific grounds for the refusal to honor the succession and of its intent to discontinue the existing franchise with the dealer. (d) If a franchisor refuses to honor the succession to the ownership interest of a deceased or incapacitated owner, then and in such event: (1) The franchisor shall allow the designated successor a reasonable period of time which shall not be less than six months in which to negotiate a sale of the dealership. Any such sale shall be subject to Code Section 10-1-653; and (2) Upon termination of the franchise pursuant to such refusal, the provisions of Code Section 10-1-651 shall apply. (e) If notice of refusal and discontinuance is not timely served upon the designated successor, the franchise shall continue in effect subject to termination only as otherwise permitted by this part. (f) In determining whether good cause for the refusal to honor the succession exists, the franchisor has the burden of proving that the designated successor is a person who is not of good moral character or does not meet the franchisor's existing and reasonable standards. (g) No franchisor shall terminate, cancel, or fail to renew any franchise solely because of the death or incapacity of an owner who is not listed in the franchise as one on

Page 1604

whose expertise and abilities the franchisor relied in the granting of the franchise. (h) This Code section does not preclude a new motor vehicle dealer from time to time designating any person as his or her successor by written instrument filed with the manufacturer or distributor and, if such instrument is currently on file with such manufacturer or distributor, it alone shall determine the succession rights to the management and operation of the dealership. 10-1-653. (a) If a new motor vehicle dealer desires to make a change in its executive management or ownership or to sell its principal assets, the new motor vehicle dealer will give the franchisor prior written notice of the proposed change or sale. The franchisor shall not arbitrarily refuse to agree to such proposed change or sale. Where the franchisor rejects a proposed change or sale, the franchisor shall give written notice of his reasons to the new motor vehicle dealer within 60 days. If no such notice is given to the new motor vehicle dealer, the change or sale shall be deemed approved. The franchisor shall have the burden of proof to show that its disapproval is not arbitrary. (b) In the alternative, the franchisor may offer to purchase an ownership interest in a new motor vehicle dealership on such terms and conditions, including entering into any ancillary or auxiliary contracts, as were disclosed by the owner to the franchisor. 10-1-654. This part shall be applicable only to franchise agreements made, entered into, renewed, continued, or extended after June 30, 1983. Part 5 10-1-660. This part shall be known and may be cited as the `Motor Vehicle Fair Practices Act.' 10-1-661. (a) No franchisor shall require, attempt to require, coerce, or attempt to coerce any dealer in this state:

Page 1605

(1) To order or accept delivery of any new motor vehicle, part, or accessory thereof, equipment, or any other commodity not required by law which shall not have been voluntarily ordered by the dealer, except that this paragraph does not affect any terms or provisions of a franchise requiring dealers to market a representative line of those motor vehicles which the franchisor is publicly advertising; (2) To order or accept delivery of any new motor vehicle with special features, accessories, or equipment not included in the list price of such new motor vehicle as publicly advertised by the franchisor; (3) To refrain from participation in the management of, investment in, or the acquisition of any other line of new motor vehicle or related products. However, this paragraph does not apply unless the dealer maintains a reasonable line of credit for each make or line of new motor vehicle, the dealer remains in compliance with any reasonable facilities requirements of the franchisor, the dealer provides acceptable sales performance, and no change is made in the principal management of the dealer; (4) To expand, construct, or significantly modify facilities without assurances that the franchisor will provide a reasonable supply of new motor vehicles within a reasonable time so as to justify such an expansion in light of the market and economic conditions; (5) To sell, assign, or transfer any retail installment sales contract obtained by such dealer in connection with the sale by him in this state of new motor vehicles to a specified finance company or class of such companies or to any other specified persons; or (6) To provide warranty or other services for the account of franchisor, except as provided in Part 3 of this article, the `Georgia Motor Vehicle Warranty Practices Act.'

Page 1606

(b) No action shall in any way be based on this Code section with respect to acts occurring prior to July 1, 1983. 10-1-662. (a) It shall be unlawful for any franchisor: (1) To delay, refuse, or fail to deliver new motor vehicles or new motor vehicle parts or accessories in a reasonable time and in reasonable quantity if such vehicles, parts, or accessories are publicly advertised as being available for immediate delivery. This paragraph is not violated, however, if such failure is caused by acts or causes beyond the control of the franchisor; (2) To obtain money, goods, services, or any other benefit from any other person with whom the dealer does business, on account of, or in relation to, the transaction between the dealer and such other person, other than as compensation for services rendered, unless such benefit is promptly accounted for and transmitted to the dealer; (3) To release to any outside party, except under subpoena or as otherwise required by law or in an administrative, judicial, or arbitration proceeding involving the franchisor or dealer, any business, financial, or personal information which may be from time to time provided by the dealer to the franchisor, without the express written consent of the dealer; (4) To resort to or to use any false or intentionally deceptive advertisement in the conduct of his business as a franchisor in this state; (5) To make any false or intentionally deceptive statement, either directly or through any agent or employee, in order to induce any dealer to enter into any agreement or franchise or to take any action which is prejudicial to that dealer or his business; (6) To require any dealer to assent prospectively to a release, assignment, novation, waiver, or estoppel which would relieve any person from liability to be imposed by law or to require any controversy between a dealer and a

Page 1607

franchisor to be referred to any person other than the duly constituted courts of the state or the United States if such referral would be binding upon the dealer, provided that this Code section shall not prevent any dealer from entering into a valid release agreement with the franchisor; (7) To fail to observe good faith in any aspect of dealings between the franchisor and the dealer; (8) To deny any dealer the right of free association with any other dealer for any lawful purposes; (9) To engage in any predatory practice or discrimination against any dealer; or (10) To propose or make any material change in any franchise agreement without giving the dealer written notice by certified mail of such change at least 60 days prior to the effective date of such change. (b) No action shall in any way be based on this Code section with respect to acts occurring prior to July 1, 1983. 10-1-663. (a) No franchisor shall require, attempt to require, coerce, or attempt to coerce any dealer in this state: (1) To participate monetarily in an advertising campaign or contest or to purchase any promotional materials, training materials, showroom or other display decorations, or materials at the expense of the dealer; or (2) To change or refrain from changing the capital structure or ownership of the dealer or the means by or through which the dealer finances the operation of the dealership, provided the dealer at all times meets any reasonable capital standards determined by the franchisor in accordance with uniformly applied criteria and provided no change in the capital structure shall cause a change in the principal management or have the effect of a sale of the franchise without the consent of the

Page 1608

franchisor, which consent shall not unreasonably be withheld. (b) No franchisor shall: (1) Refuse to disclose to any dealer the manner and mode of distribution of the same line make as handled by the dealer within the dealer's market area; (2) Increase prices of new motor vehicles which the dealer had ordered for consumers prior to the dealer's receipt of the written official price increase notification. A sales contract signed by a consumer shall constitute evidence of each such order, provided the vehicle is in fact delivered to that customer. Price differences applicable to new models or series shall not be considered a price increase. Price changes caused by the addition to a motor vehicle of required or optional equipment, revaluation of the United States dollar in the case of foreign-make vehicles or components, or an increase in transportation charges due to increased rates imposed by carriers shall not be subject to the provisions of this paragraph; (3) Discriminate unfairly among its dealers with respect to any aspect of operating a motor vehicle dealership; (4) Impose unreasonable restrictions on the dealer relative to noncompetition covenants, site control, whether by sublease, collateral pledge of lease, or otherwise, right of first refusal to purchase, option to purchase, compliance with subjective standards, or other matters incident to the operation of the dealership; or (5) Unreasonably change the market area of a dealer as set forth in the dealer's franchise agreement. (c) This Code section shall not be effective with respect to franchise agreements entered into before July 1, 1983, unless such franchise agreements are modified, extended, or renewed on or after that date.

Page 1609

Part 6 10-1-665. As used in this part, the term: (1) `Commissioner' means the state revenue commissioner. (2) `Department' means the Department of Revenue. 10-1-666. As an alternative to and in addition to any civil or criminal enforcement of this article, the state revenue commissioner by and through the Department of Revenue is authorized to enforce the provisions of this article and any order issued pursuant to the enforcement of this article. 10-1-667. Any dealer, distributor, or manufacturer who is aggrieved by a violation of any provision of this article may file a petition with the Department of Revenue setting forth the facts supporting the allegation of such violation. The commissioner shall issue an administrative order, whenever the commissioner, after notice to all parties and after a hearing, determines that a violation of this article or any order issued under this article has occurred. The notice and the hearing and any administrative review thereof shall be conducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' Any party who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of the commissioner shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' The commissioner or the prevailing party may file, in the superior court in the county wherein the party under order resides or, if such party is a corporation, in the county wherein the corporation maintains its established place of business or its agent for service of process is located, or in the county wherein the violation occurred, a certified copy of a final order of the commissioner, whether unappealed from or affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the

Page 1610

same effect and proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the court. The remedy prescribed in this Code section shall be concurrent, alternative, and cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available under the laws of this state. 10-1-668. (a) In addition to the licensing fee set forth in Code Section 40-2-38, each dealer shall register annually with the department and shall pay an annual registration fee of $25.00. The fee shall be paid on or before January 1 of the registration year and shall be paid with and accompanied by such forms as the commissioner shall prescribe. (b) It is the intent of the General Assembly of Georgia that an amount equal to the amount collected by the registration fee provided for in this Code section be appropriated to the department to fund the provisions of this part. If the funds appropriated to the department to fund the provisions of this part exceed the actual cost to the department to enforce this part, then the excess funds so appropriated shall lapse. However, if the fees collected under subsection (a) of this Code section do not equal the actual cost to the department to enforce the provisions of this part, then the commissioner may raise the registration fee to an amount which will ensure that the cost to the state to enforce this part is received. Section 3. Said Chapter 1 of Title 10 is further amended by striking Article 26, the Georgia Multiline Heavy Equipment Dealer Act, and inserting in its place a new Article 26 to read as follows: ARTICLE 26 10-1-730. This article shall be known and may be cited as the `Georgia Multiline Heavy Equipment Dealer Act.' 10-1-731. As used in this article, the term:

Page 1611

(1) `Agreement' means a commercial relationship, either written or oral, between a supplier and a multiline dealer pursuant to which the multiline dealer has been authorized to distribute one or more of the supplier's heavy equipment products and attachments and repair parts therefor and in connection therewith to use a trade name, trademark, service mark, logo type, or advertising or other commercial symbol. (2) `Heavy equipment' means self-propelled, self-powered, or pull-type equipment and machinery, including diesel engines, weighing 5,000 pounds or more and primarily employed for construction, industrial, maritime, mining, or forestry uses. The term `heavy equipment' shall not include: (A) Motor vehicles requiring registration and certificates of title; (B) Farm machinery, equipment, and implements; or (C) Equipment that is `consumer goods' within the meaning of Code Section 11-9-109. (3) `Multiline dealer' means a person in Georgia meeting all the following requirements: (A) Who is engaged in the business of selling or leasing heavy equipment at retail; (B) Who customarily maintains a total inventory valued at over $250,000.00 of new heavy equipment and attachments and repair parts therefor; (C) Who provides repair services for the heavy equipment sold; (D) Who has agreements with at least six different suppliers; and

Page 1612

(E) Whose retail sales volume of heavy equipment purchased from a single supplier, under all agreements with that supplier, is not greater than 75 percent of such person's total retail sales volume of heavy equipment during: (i) The 12 month period immediately prior to July 1, 1989, if an agreement or agreements between the supplier and such person is or are in effect on July 1, 1989; or (ii) The 12 month period immediately following the date the initial agreement between the supplier and such person is entered into, or portion thereof in the event of cancellation, termination, or transfer of the business prior to the end of such 12 month period, if such initial agreement is entered into subsequent to July 1, 1989. (4) `Person' means a natural person, corporation, partnership, trust, agency, or other entity as well as the individual officers, directors, or other persons in active control of the activities of each such entity. The term `person' also includes heirs, assigns, personal representatives, and guardians. (5) `Supplier' means every person, including any agent of such person or any authorized broker acting on behalf of that person, that enters into an agreement with a multiline dealer. 10-1-732. (a) Notwithstanding the terms, provisions, or conditions of any agreement, no supplier shall unilaterally amend, cancel, terminate, or refuse to continue to renew any agreement, or unilaterally cause a dealer to resign from an agreement, unless the supplier has first complied with the provisions of this article and good cause exists for amendment, termination, cancellation, nonrenewal, noncontinuance, or causing a resignation. The term `good cause' shall not include the sale or purchase of a supplier. The term `good cause' shall be limited to withdrawal by the supplier, its successors, and assigns of the sale of its products in Georgia

Page 1613

or multiline dealer performance deficiencies including, but not limited to, the following: (1) Bankruptcy or receivership of the multiline dealer; (2) Assignment for the benefit of creditors or similar disposition of the assets of the dealer, other than the creation of a security interest in the assets of a multiline dealer for the purpose of securing financing in the ordinary course of business; or (3) (A) Failure by the multiline dealer to comply substantially, without reasonable cause or justification, with any reasonable and material requirement imposed upon such dealer in writing by the supplier, including, but not limited to, a substantial failure by a multiline dealer to: (i) Maintain a sales volume or trend of his supplier's product line or lines comparable to that of other similarly situated dealers of that product line; or (ii) Render services comparable in quality, quantity, or volume to the services rendered by other dealers of the same product or product line similarly situated. (B) In any determination as to whether a multiline dealer has failed to comply substantially, without reasonable excuse or justification, with any reasonable and material requirement imposed upon such dealer by the supplier, consideration shall be given to the relative size, population, geographical location, number of retail outlets, and demand for the products applicable to the market area of the multiline dealer in question and to comparable market area. (b) No supplier shall be required to give notice or show good cause pursuant to subsection (a) of this Code section to

Page 1614

amend unilaterally agreements with multiline dealers to comply with federal or state law or, where not inconsistent with this article, to amend uniformly agreements as to all multiline dealers of the supplier in question in all states in which the supplier is marketing its products. (c) In any dispute as to whether a supplier has acted with good cause as required by this Code section, the supplier shall have the burden of proof to establish that good cause existed. 10-1-733. (a) Except as provided in subsection (d) of this Code section, a supplier shall provide a multiline dealer at least 120 days' prior written notice of any intention to amend, terminate, cancel, or decline to renew any agreement. The notice shall state all the reasons for the intended amendment, termination, cancellation, or nonrenewal. (b) Where such reason or reasons relate to a condition or conditions which may be rectified by action of the multiline dealer, he shall have 75 days in which to take such action and, within such 75 day period, shall give written notice to the supplier if and when such action is taken. If such condition or conditions have been rectified by action of the multiline dealer, then the proposed amendment, termination, cancellation, or nonrenewal shall be void and without legal effect. However, where the supplier contends that action on the part of the multiline dealer has not rectified one or more of such conditions, such supplier must give written notice thereof to the multiline dealer within 15 days after the dealer gave notice to the supplier of the action taken. (c) During the 120 day notice period provided for in subsection (a) of this Code section, the multiline dealer shall have the right to contract for a transfer of his or her business to another person who meets the material and reasonable qualifications and standards required by the supplier of its multiline dealers. The multiline dealer shall give notice of any such transfer to the supplier at least 45 days prior to the expiration of the 120 day notice period.

Page 1615

(d) An agreement may be immediately terminated, amended, canceled, or allowed to expire and no notice shall be required if the reason for the Qamendment, termination, cancellation, or nonrenewal is: (1) The bankruptcy or receivership of the multiline dealer; (2) An assignment for the benefit of the creditors or similar disposition of the assets of the business, other than the creation of a security interest in the assets of a multiline dealer for the purpose of securing financing in the ordinary course of business; (3) Willful or intentional misrepresentation made by the multiline dealer with the express intent to defraud the supplier; (4) Failure of the multiline dealer to conduct its customary sales and service operations during its customary business hours for seven consecutive business days, unless such failure has resulted from acts of God, casualties, strikes, or other similar circumstances beyond the multiline dealer's reasonable control; (5) Failure to pay any undisputed amount due the supplier continuing for 30 days after written notice thereof; or (6) A final conviction of the multiline dealer of a felony. 10-1-734. (a) No supplier shall unreasonably withhold or delay consent to any transfer of the multiline dealer's business or transfer of the stock or other interest in the dealership whenever the transferee meets the material and reasonable qualifications and standards required in supplying its multiline dealers. Should a supplier determine that a proposed transferee does not meet its qualifications and standards, it shall give the multiline dealer written notice thereof, stating the specific reasons for withholding consent. No prospective transferee shall be disqualified to be a multiline

Page 1616

dealer because it is a publicly held corporation. A supplier shall have 45 days to consider a multiline dealer's request to make a transfer under this subsection. (b) Whenever a transfer of a multiline dealer's business occurs, the transferee shall assume all the obligations imposed on and succeed to all the rights held by the selling multiline dealer by virtue of any agreement consistent with this article between the selling multiline dealer and one or more suppliers entered into prior to the transfer. (c) In any dispute as to whether a supplier has denied consent in violation of this Code section, the supplier shall have the burden of proving a substantial and reasonable justification for the denial of consent. 10-1-735. Notices required by this article shall be sent by certified or registered mail, postage prepaid. 10-1-736. No supplier shall require or prohibit any change in management or personnel of any multiline dealer unless the current or potential management or personnel fails to meet reasonable qualifications and standards required by the supplier for its multiline dealers. 10-1-737. The provisions of this article shall be deemed to be incorporated into every agreement subject to this article and shall supersede and control all other provisions of any agreement inconsistent with this article. No supplier shall require any multiline dealer to waive compliance with any provision of this article. Any provision or agreement purporting to do so is void and unenforceable to the extent of the waiver or variance. Nothing in this article shall be construed to limit or prohibit good faith settlements of disputes voluntarily entered into between the parties. 10-1-738. (a) Every agreement entered into under the provisions of this article shall impose on the parties the obligation to act in good faith and deal fairly. (b) This article shall impose on every term and provision of any agreement a requirement of reasonableness.

Page 1617

Every term or provision of any agreement shall be interpreted so that the requirements or obligations imposed therein are reasonable. 10-1-739. (a) Venue to hear and determine cases and controversies arising under the provisions of this article shall be in the superior court of the county wherein the multiline dealer has its principal place of business. The court may grant equitable relief as is necessary to remedy the effects of conduct which it finds to exist and which is prohibited under this article, including, but not limited to, declaratory judgment and injunctive relief. (b) In addition to any other remedies available at law or in equity, if a supplier has attempted or accomplished an annulment, cancellation, or termination or has refused to continue or renew an agreement without good cause or has withheld or delayed consent in violation of Code Section 10-1-732 or Code Section 10-1-734, then the multiline dealer shall be entitled to recover losses and damages, both general and special, proximately resulting therefrom, together with the costs of the action and reasonable legal fees. Such damages shall include compensation for the value of the agreement and the loss of good will of the multiline dealer's business, if any, arising therefrom. (c) No supplier may cancel, terminate, or refuse to continue to renew an agreement during the period set forth in this article or during the pendency of litigation or arbitration with respect thereto except under the conditions set forth in subsection (d) of Code Section 10-1-733. 10-1-740. The provisions of this article shall apply to any agreements entered into on or after July 1, 1989. The provisions of this article shall also apply to any agreement modified or amended on or after July 1, 1989. The provisions of this article are also applicable to any renewal or amendment of such agreements. Section 4. Chapter 8 of Title 13 of the Official Code of Georgia Annotated, is amended by striking Articles 2 and 3, relating to regulation of the distribution of tractors and farm

Page 1618

equipment, and inserting in their place new Articles 2 and 3 to read as follows: ARTICLE 2 13-8-11. The General Assembly finds that the distribution of tractors and farm equipment in the State of Georgia vitally affects the general economy of the state and the public interest and public welfare and, in the exercise of its police power, it is necessary to regulate tractor and farm equipment manufacturers, distributors, dealers, and their representatives doing business in Georgia in order to prevent frauds, unfair business practices, unfair methods of competition, impositions, and other abuses upon its citizens. 13-8-12. As used in this article, the term: (1) `Distributor' or `wholesaler' means any person, company, or corporation who sells or distributes new tractors and farm equipment to tractor or farm equipment dealers and who maintains distributor representatives within the state. (2) `Distributor branch' means a branch office maintained by a distributor or wholesaler which sells or distributes new tractors and farm equipment to tractor or farm equipment dealers. (3) `Distributor representative' means a representative employed by a distributor branch, distributor, or wholesaler. (4) `Factory branch' means a branch office maintained by a manufacturer which manufactures and assembles tractors and farm equipment for sale to distributors or tractor or farm equipment dealers or which is maintained for directing and supervising the representatives of the manufacturer. (5) `Factory representative' means a representative employed by a manufacturer or employed by a factory branch for the purpose of making or promoting the sale

Page 1619

of tractors and farm equipment or for supervising, servicing, instructing, or contracting with tractor or farm equipment dealers or prospective dealers. (6) `Franchise' means an oral or written agreement for a definite or indefinite period of time in which a manufacturer, distributor, or wholesaler grants to a tractor or farm equipment dealer permission to use a trade name, service mark, or related characteristic, and in which there is a community of interest in the marketing of tractors and farm equipment or services related thereto at wholesale, retail, whether by leasing, sale, or otherwise. (7) `Franchisee' means a tractor and farm equipment dealer to whom a franchise is offered or granted. (8) `Franchisor' means a manufacturer, distributor, or wholesaler who grants a franchise to a tractor and farm equipment dealer. (9) `Fraud' means, in addition to its normal legal connotation, the following: a misrepresentation in any manner, whether intentionally false or arising from gross negligence, of a material fact; a promise or representation not made honestly and in good faith; or an intentional failure to disclose a material fact. (10) `Manufacturer' means any person engaged in the business of manufacturing or assembling new and unused tractors and farm equipment. (11) `New tractor and farm equipment' means a tractor or unit of farm equipment which has not been previously sold to and put into regular use or service by any person except a distributor or wholesaler or tractor and farm equipment dealer for resale. (12) `Person' means a natural person, corporation, partnership, trust, or other business entity; and, in case of a business entity, it shall include any other entity in which it has a majority interest or effectively controls as

Page 1620

well as the individual officers, directors, and other persons in active control of the activities of each such entity. (13) `Sale' means the issuance, transfer, agreement for transfer, exchange, pledge, hypothecation, mortgage in any form, whether by transfer in trust or otherwise, of any tractor or unit of farm equipment or interest therein or of any franchise related thereto; any option, subscription or other contract, or solicitation, looking to a sale, or offer or attempt to sell in any form, whether in oral or written form. (14) `Tractors or farm equipment' means those tractors and other farm implements primarily designed for use in agriculture. (15) `Tractor or farm equipment dealer' means any person who sells, solicits, or advertises the sale of new and used tractors and farm equipment to the consuming public. It shall not include (A) receivers, trustees, administrators, executors, guardians, or other persons appointed by or acting under judgment, decree, or order of any court; (B) public officers while performing their duties as such officers; (C) persons making casual sales of their own tractor or item of farm equipment not subject to sales tax under the laws of the State of Georgia; (D) persons engaged in the auction sale of tractors and farm equipment; or (E) dealers in used tractors and farm equipment. 13-8-13. Any person who engages directly or indirectly in purposeful contacts within this state in connection with the offering or advertising for sale of new tractors and farm machinery and parts shall be subject to the provisions of this article and shall be subject to the jurisdiction of the courts of this state upon service of process in accordance with the provisions of the laws of the State of Georgia. 13-8-14. Unfair methods of competition and unfair or deceptive acts or practices as defined in Code Section 13-8-15 are declared to be unlawful.

Page 1621

13-8-15. (a) It shall be deemed a violation of Code Section 13-8-14 for any manufacturer, factory branch, factory representative, distributor, or wholesaler, distributor branch, distributor representative, or tractor and farm equipment dealer to engage in any action which is arbitrary, in bad faith, or unconscionable and which causes damage in terms of law or equity to any of the parties or to the public. (b) It shall be deemed a violation of Code Section 13-8-14 for a manufacturer, a distributor, a wholesaler, a distributor branch or division, a factory branch or division, or a wholesale branch or division, or officer, agent, or other representative thereof, to coerce, or attempt to coerce, any tractor and farm equipment dealer: (1) To order or accept delivery of any tractor or unit of farm equipment, parts or accessories therefor, or any other commodity or commodities which such tractor and farm equipment dealer has not voluntarily ordered; or (2) To order or accept delivery of any tractor or farm equipment with special features, accessories, or equipment not included in the base list price of such tractor or farm equipment as publicly advertised by the manufacturer thereof. (c) It shall be deemed a violation of Code Section 13-8-14 for a manufacturer, a distributor, a wholesaler, a distributor branch or division, a factory branch or division, or a wholesale branch or division, or officer, agent, or other representative thereof: (1) To refuse to deliver in reasonable quantities and within a reasonable time after receipt of dealer's order to any tractor and farm equipment dealer having a franchise or contractual agreement for the retail sale of new tractors and farm equipment sold or distributed by such manufacturer, distributor branch or division, factory branch or division, or wholesale branch or division any tractor or item of farm equipment covered by such franchise or contract specifically advertised or represented by such manufacturer, distributor, wholesaler, distributor

Page 1622

branch or division, factory branch or division, or wholesale branch or division to be available for immediate delivery; provided, however, the failure to deliver any such tractor or unit of farm equipment shall not be considered a violation of this article if such failure is due to prudent and reasonable restriction on extension of credit by the franchisor to the dealer, an act of God, work stoppage or delay due to a strike or labor difficulty, a bona fide shortage of materials, freight embargo, or other cause over which the manufacturer, distributor, or wholesaler, or any agent thereof, shall have no control; (2) To coerce, or attempt to coerce, any tractor and farm equipment dealer to enter into any agreement, whether written or oral, supplementary to an existing franchise with such manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division, or wholesale branch or division, or officer, agent, or other representative thereof; or to do any other act prejudicial to such dealer by threatening to cancel any franchise or any contractual agreement existing between such manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division, or wholesale branch or division, and such dealer; provided, however, that notice in good faith to any tractor and farm equipment dealer of such dealer's violation of any terms or provisions of such franchise or contractual agreement shall not constitute a violation of this article if such notice is in writing mailed by registered or certified mail to such dealer at his current business address; (3) (A) To terminate or cancel the franchise or selling agreement of any such dealer without due cause, as defined in subparagraph (B) of this paragraph. The nonrenewal of a franchise or selling agreement, without due cause, shall constitute an unfair termination or cancellation, regardless of the specified time period of such franchise or selling agreement. Except where the grounds for such termination or cancellation fall within division (c)(3)(B)(iii) of this Code section, such manufacturer, distributor, wholesaler, distributor branch or division, factory branch or

Page 1623

division, or wholesale branch or division, or officer, agent, or other representative thereof, shall notify a tractor and farm equipment dealer in writing of the termination or cancellation of the franchise or selling agreement of such dealer at least 60 days before the effective date thereof, stating the specific grounds for such termination or cancellation; and in no event shall the contractual term of any such franchise or selling agreement expire, without the written consent of the tractor and farm equipment dealer involved, prior to the expiration of at least 60 days following such written notice. During the 60 day period, either party may, in appropriate circumstances, petition a court to modify such 60 day stay or to extend it pending a final determination of such proceedings on the merits. The court shall have authority to grant preliminary and final injunctive relief. (B) As used in this paragraph, tests for determining what constitutes due cause for a manufacturer or distributor to terminate, cancel, or refuse to renew a franchise agreement shall include whether the dealer: (i) Has transferred an ownership interest in the dealership without the manufacturer's or distributor's consent; (ii) Has made a material misrepresentation in applying for or acting under the franchise agreement; (iii) Has filed a voluntary petition in bankruptcy or has had an involuntary petition in bankruptcy filed against the dealer which has not been discharged within 30 days after the filing, is in default under the provisions of a security agreement in effect with the manufacturer or distributor, or is in receivership; (iv) Has engaged in an unfair business practice;

Page 1624

(v) Has inadequately represented the manufacturer's or distributor's products with respect to sales, service, or warranty work; (vi) Has engaged in conduct which is injurious or detrimental to the public welfare; (vii) Has inadequate sales and service facilities and personnel; (viii) Has failed to comply with an applicable licensing law; (ix) Has been convicted of a crime, the effect of which would be detrimental to the manufacturer, distributor, or dealership; (x) Has failed to operate in the normal course of business for seven consecutive business days; (xi) Has relocated the dealer's place of business without the manufacturer's or distributor's consent; or (xii) Has failed to comply with the terms of the dealership or franchise agreement; (4) To resort to or use any false or misleading advertisement in connection with his business as such manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division, or wholesale branch or division, or officer, agent, or other representative thereof; (5) To offer to sell or to sell any new tractor or unit of farm equipment, or parts or accessories therefor, to any other tractor or farm equipment dealer at a lower actual price therefor than the actual price offered to any other tractor or farm equipment dealer for the same model tractor or farm equipment identically equipped; or to utilize any device including, but not limited to, sales

Page 1625

promotion plans or programs which result in such lesser actual price; provided, however, the provisions of this paragraph shall not apply to sales to a tractor or farm equipment dealer for resale to any unit of the United States government, the state, or any of its political subdivisions; and provided, further, that the provisions of this paragraph shall not apply so long as a manufacturer, distributor, or wholesaler, or any agent thereof, sells or offers to sell such new tractor or farm equipment, parts, or accessories to all their franchised tractor or farm equipment dealers at an equal price; (6) To discriminate willfully, either directly or indirectly, in price, programs, or terms of sale offered to franchisees, where the effect of such discrimination may be to lessen competition substantially or to give to one holder of a franchise any business or competitive advantage not offered to all holders of the same or similar franchise; (7) To prevent or attempt to prevent, by contract or otherwise, any tractor or farm equipment dealer from changing the capital structure of his dealership or the means by or through which he finances the operation of his dealership, provided the dealer at all times meets any reasonable capital standards agreed to between the dealership and the manufacturer, distributor, or wholesaler and provided such change by the dealer does not result in a change in the executive management of the dealership; (8) To prevent or attempt to prevent, by contract or otherwise, any tractor and farm equipment dealer or any officer, partner, or stockholder of any tractor and farm equipment dealer from selling or transferring any part of the interest of any of them to any other person or persons or party or parties; provided, however, that no dealer, officer, partner, or stockholder shall have the right to sell, transfer, or assign the franchise or power of management or control thereunder without the consent of the manufacturer, distributor, or wholesaler, except that such consent shall not be unreasonably withheld;

Page 1626

(9) To obtain money, goods, services, anything of value, or any other benefit from any other person with whom the tractor and farm equipment dealer does business or employs on account of or in relation to the transactions between the dealer, the franchisor, and such other person; or (10) To require a tractor and farm equipment dealer to assent to a release, assignment, notation, waiver, or estoppel which would relieve any person from liability imposed by this article. (d) It shall be deemed a violation of Code Section 13-8-14 for a tractor and farm equipment dealer: (1) To require a retail purchaser of a new tractor or unit of farm equipment, as a condition of sale and delivery thereof, also to purchase special features, appliances, equipment, parts, or accessories not desired or requested by the purchaser; provided, however, that this prohibition shall not apply to special features, appliances, equipment, parts, or accessories which are already installed when the tractor or unit of farm equipment is received by the dealer from the manufacturer, distributor, or wholesaler thereof; (2) To represent and sell as new and unused any tractor or unit of farm equipment which has been used and operated for demonstration or other purposes without stating to the purchaser the approximate amount of use the tractor or unit of farm machinery has experienced; or (3) To resort to or use any false or misleading advertisement in connection with his business as such tractor and farm equipment dealer. 13-8-16. (a) Every manufacturer shall specify and every dealer shall provide and fulfill reasonable predelivery and preparation obligations for its tractors and farm equipment prior to delivery of same to retail purchasers.

Page 1627

(b) Every manufacturer shall provide for repair parts availability throughout the reasonable useful life of any tractor or farm equipment sold. (c) Every manufacturer or distributor shall provide to his dealers, on an annual basis, an opportunity to return a portion of his surplus parts inventory for credit. The surplus parts return procedure shall be administered as follows: (1) The manufacturer or distributor may specify and thereupon notify his dealers of a time period of at least 60 days' duration, during which time dealers may submit their surplus parts list and return their surplus parts to the manufacturer or distributor; (2) If a manufacturer or distributor has not notified a dealer of a specific time period for returning surplus parts within the preceding 12 months, then he shall authorize and allow the dealer's surplus parts return request within 30 days after receipt of such request from the dealer; (3) Pursuant to the provisions of this subsection, a manufacturer or distributor must allow surplus parts return authority on a dollar value of parts equal to 8 percent of the total dollar value of parts purchased by the dealer from the manufacturer or distributor during the 12 month period immediately preceding the notification to the dealer by the manufacturer or distributor of the surplus parts return program, or the month the dealer's return request is made, whichever is applicable; provided, however, that the dealer may, at his option, elect to return a dollar value of his surplus parts less than 8 percent of the total dollar value of parts purchased by the dealer from the manufacturer or distributor during the preceding 12 month period as provided in this subsection; (4) No obsolete or superseded part may be returned, but any part listed in the manufacturer's, wholesaler's, or distributor's current parts price list at the date of notification to the dealer by the manufacturer or distributor of

Page 1628

the surplus parts return program, or the date of a dealer's parts return request, whichever is applicable, shall be eligible for return and credit as specified in this subsection; provided, however, that returned parts must be in new and unused condition and must have been purchased from the manufacturer, wholesaler, or distributor to whom they are returned; (5) The minimum lawful credit to be allowed for returned parts shall be 85 percent of the wholesale cost thereof as listed in the manufacturer's, wholesaler's, or distributor's current parts price list at the date of the notification to the dealer by the manufacturer, wholesaler, or distributor of the surplus parts return program, or the date of a dealer's parts return request, whichever is applicable; (6) Applicable credit pursuant to this subsection must be issued to the dealer within 30 days after receipt of his returned parts by the manufacturer or distributor; or (7) Packing and return freight expense incurred in any return of surplus parts pursuant to the terms of this Code section shall be borne by the dealer. 13-8-17. (a) Every manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division, or wholesale branch or division shall provide a fair and reasonable warranty agreement on any new tractor or unit of farm equipment which it sells and shall fairly compensate each of its tractor or farm equipment dealers for labor and parts used in fulfilling such warranty agreement. All claims for payment under such warranty agreements made by tractor and farm equipment dealers under this subsection for such labor and parts shall be paid within 30 days following their approval. All such claims shall be either approved or disapproved within 30 days after their receipt; and, when any such claim is disapproved, the tractor or farm equipment dealer who submits it shall be notified in writing of its disapproval within such period; and each such notice shall state the specific grounds upon which the disapproval is based.

Page 1629

Any special handling of claims required of the dealer by the manufacturer, distributor, wholesaler, distributor branch or division, factory branch or division, or wholesale branch or division, and not uniformly required of all dealers of that make, may be enforced only after 30 days' notice in writing to the dealer and upon good and sufficient reason. (b) The minimum lawful basis for compensating said dealer for warranty work as provided for in this subsection shall be calculated for labor in accordance with the reasonable and customary amount of time required to complete such work, expressed in hours and fractions of hours multiplied by the dealer's established hourly retail labor rate. Prior to filing a claim for reimbursement for warranty work, the dealer must notify the applicable manufacturer, wholesaler, or distributor of his hourly retail labor rate. The minimum lawful basis for compensation to the dealer for parts used in fulfilling said warranty work shall be at the dealer's costs thereof, including all freight and handling charges applicable thereto, plus 15 percent of said sum to reimburse the dealer's reasonable costs of doing business and providing such warranty service on the manufacturer's behalf. 13-8-18. The provisions of this article shall apply to all written or oral agreements between a manufacturer, wholesaler, or distributor with a tractor or farm equipment dealer including, but not limited to, the franchise offering, the franchise agreement, sales of goods, services and advertising, leases or mortgages of real or personal property, promises to pay, security interests, pledges, insurance contracts, advertising contracts, construction or installation contracts, servicing contracts, and all other such agreements in which the manufacturer, wholesaler, or distributor has any direct or indirect interest. 13-8-19. It shall be unlawful for the manufacturer, wholesaler, distributor, or franchisor, without due cause, to fail to renew on terms then equally available to all its tractor and farm equipment dealers, to terminate a franchise, or to restrict the transfer of a franchise unless the franchisee shall receive fair and reasonable compensation for the inventory of the business. As used in this subsection, `due cause' shall be

Page 1630

construed in accordance with the definition of same as contained in subparagraph (c)(3)(B) of Code Section 13-8-15. 13-8-20. (a) In addition to temporary or permanent injunctive relief as provided in subparagraph (c)(3)(A) of Code Section 13-8-15, any person who shall be injured in his business or property by reason of anything forbidden in this article may bring an action therefor in the appropriate superior court of this state and shall recover the actual damages sustained and the costs of such action, including a reasonable attorney's fee. (b) When such action is one of common or general interest to many persons or when the parties are numerous and it is impracticable to bring them all before the court, one or more may bring a class action for the benefit of the whole, including actions for injunctive relief. (c) In an action for money damages, if the jury finds that the defendant acted maliciously, the jury may award punitive damages as permitted by Georgia law. 13-8-21. Any contract or franchise agreement or part thereof or practice thereunder in violation of any provision of this article shall be deemed against public policy and shall be void and unenforceable. 13-8-22. (a) Whenever any tractor or farm equipment dealer enters into a franchise agreement with a manufacturer, distributor, or wholesaler wherein the dealer agrees to maintain an inventory of tractors, farm equipment, or repair parts and the franchise is subsequently terminated, the manufacturer, distributor, or wholesaler shall repurchase the inventory as provided in this article. The dealer may keep the inventory if he desires. If the dealer has any outstanding debts to the manufacturer, distributor, or wholesaler, then the repurchase amount may be credited to the dealer's account. (b) The manufacturer, distributor, or wholesaler shall repurchase that inventory previously purchased from him and held by the dealer on the date of termination of the contract.

Page 1631

The manufacturer, distributor, or wholesaler shall pay 100 percent of the actual dealer cost, including freight, of all new, unsold, undamaged, and complete tractors, or other units of farm equipmentwhich are resalable and 100 percent of the current wholesale price of all new, unused, undamaged repair parts and accessories which are listed in the manufacturer's current parts price list. The manufacturer, distributor, or wholesaler shall pay the dealer 5 percent of the current wholesale price on all new, unused, and undamaged repair parts returned to cover the cost of handling, packing, and loading. The manufacturer, distributor, or wholesaler shall have the option of performing the handling, packing, and loading in lieu of paying the 5 percent sum imposed by this subsection for these services. (c) Upon payment within a reasonable time of the repurchase amount to the dealer, the title and right of possession to the repurchased inventory shall transfer to the manufacturer, distributor, or wholesaler, as the case may be. (d) The provisions of this article shall not require the repurchase from a dealer of: (1) Any repair part which has a limited storage life or is otherwise subject to deterioration; (2) Any single repair part which is priced as a set of two or more items; (3) Any repair part which, because of its condition, is not resalable as a new part without repackaging or reconditioning; (4) Any inventory for which the dealer is unable to furnish evidence, reasonably satisfactory to the manufacturer, distributor, or wholesaler, of good title, free and clear of all claims, liens, and encumbrances; (5) Any inventory which the dealer desires to keep, provided the dealer has a contractual right to do so;

Page 1632

(6) Any tractor or unit of farm equipment which is not in new, unused, undamaged, complete condition; (7) Any repair parts which are not in new, unused, undamaged condition; (8) Any inventory which was ordered by the dealer on or after the date of receipt of the notification of termination of the franchise; or (9) Any inventory which was acquired by the dealer from any source other than the manufacturer, distributor, or wholesaler. (e) If any manufacturer, distributor, or wholesaler shall fail or refuse to repurchase any inventory covered under the provisions of this article within 60 days after termination of a dealer's contract, he shall be civilly liable for 100 percent of the current wholesale price of the inventory plus any freight charges paid by the dealer, the dealer's reasonable attorney's fees, court costs, and interest on the current wholesale price computed at the legal interest rate from the sixty-first day after termination. 13-8-23. In the event of the death or incapacity of the dealer or the majority stockholder of a corporation operating as a dealer, the manufacturer, distributor, or wholesaler shall, at the option of the heirs at law, if the dealer died intestate, or the devisees or transferees under the terms of the deceased dealer's last will and testament, if said dealer died testate, repurchase the inventory from said heirs or devisees as aforesaid as if the manufacturer, distributor, or wholesaler had terminated the contract, and the inventory repurchase provisions of Code Section 13-8-22 are made expressly applicable hereto. The heirs or devisees as aforesaid shall have one year from the date of the death of the retailer or majority stockholder to exercise their option under this article; provided, however, that nothing in this article shall require the repurchase of inventory if the heirs or devisees as aforesaid and the manufacturer, distributor, or wholesaler enter into a new franchise agreement to operate the retail dealership.

Page 1633

13-8-24. A manufacturer, distributor, or wholesaler, as the case may be, will fully indemnify and hold harmless its dealer against any losses including, but not limited to: court costs and reasonable attorney's fees or damages arising out of complaints, claims, or lawsuits including, but not limited to, strict liability, negligence, misrepresentation, express or implied warranty, or rescission of the sale where the complaint, claim, or lawsuit relates to the manufacture, assembly, or design of new items covered by this article, parts or accessories, or other functions by the manufacturer, distributor, or wholesaler which are beyond the control of the dealer. 13-8-25. The provisions of this article shall apply to all contracts now in effect which have no expiration date and are a continuing contract and all other contracts entered into or renewed after November 1, 1982. Any contract in force and effect on November 1, 1982, which by its own terms will terminate on a date subsequent thereto shall be governed by the law as it existed prior to this article. ARTICLE 3 13-8-31. The General Assembly finds that the distribution of farm equipment in the State of Georgia vitally affects the general economy of the state and the public interest and public welfare and, in the exercise of its police power, it is necessary to regulate farm equipment manufacturers, distributors, dealers, and their representatives doing business in Georgia in order to prevent frauds, unfair business practices, unfair methods of competition, impositions, and other abuses upon its citizens. 13-8-32. As used in this article, the term: (1) `Distributor' or `wholesaler' means any person, company, or corporation who purchases farm equipment or implements or parts from a manufacturer and resells the same at wholesale to dealers. (2) `Distributor or wholesaler branch' means a branch office maintained by a distributor or wholesaler

Page 1634

which sells or distributes farm equipment or implements or parts to tractor or farm equipment dealers. (3) `Distributor representative' means a representative employed by a distributor branch or distributor. (4) `Factory branch' means a branch office maintained by a manufacturer which manufactures and assembles farm equipment or implements or parts for sale to distributors, tractor or farm equipment dealers, or wholesalers or which is maintained for directing and supervising the representatives of the manufacturer. (5) `Factory representative' means a representative employed by a manufacturer or employed by a factory branch for the purpose of making or promoting the sale of farm equipment or implements or parts or for supervising, servicing, instructing, or contracting with farm equipment dealers or prospective dealers or wholesalers. (6) `Farm equipment dealer' means any person who sells, solicits, or advertises the sale of farm equipment to the consuming public. It shall not include (A) receivers, trustees, administrators, executors, guardians, or other persons appointed by or acting under judgment, decree, or order of any court; (B) public officers while performing their duties as such officers; (C) persons making casual sales of their own item of farm equipment not subject to sales tax under the laws of the State of Georgia; (D) persons engaged in the auction sale of farm equipment; or (E) dealers in used farm equipment. (7) `Farm equipment or implements' means those farm implements primarily designed for use in agriculture. (8) `Franchise' means an oral or written agreement for a definite or indefinite period of time in which a manufacturer grants to a wholesaler permission to use a trade name, service mark, or related characteristic, and in which there is a community of interest in the marketing of farm equipment or implements or parts or services related

Page 1635

thereto at wholesale whether by leasing, sale, or otherwise. (9) `Franchisee' means a wholesaler to whom a franchise is offered or granted. (10) `Franchisor' means a manufacturer who grants a franchise to a wholesaler. (11) `Fraud' means, in addition to its normal legal connotation, the following: a misrepresentation in any manner, whether intentionally false or arising from gross negligence, of a material fact; a promise or representation not made honestly and in good faith; or an intentional failure to disclose a material fact. (12) `Manufacturer' means any person engaged in the business of manufacturing or assembling farm equipment or implements or parts. (13) `New farm equipment or implements' means a unit of farm equipment or implement which has not been previously sold to and put into regular use or service by any person except a wholesaler for resale. (14) `Person' means a natural person, corporation, partnership, trust, or other business entity; and, in case of a business entity, it shall include any other entity in which it has a majority interest or effectively controls as well as the individual officers, directors, and other persons in active control of the activities of each such entity. (15) `Sale' means the issuance, transfer, agreement for transfer, exchange, pledge, hypothecation, or mortgage in any form, whether by transfer in trust or otherwise, of any unit of farm equipment or implement or parts or interest therein or of any franchise related thereto; any option, subscription or other contract, or solicitation, looking to a sale, or offer or attempt to sell in any form, whether in oral or written form.

Page 1636

13-8-33. Any person who engages directly or indirectly in purposeful contacts within this state in connection with the offering or advertising for sale of farm machinery or implements and parts shall be subject to the provisions of this article and shall be subject to the jurisdiction of the courts of this state upon service of process in accordance with the provisions of the laws of the State of Georgia. 13-8-34. Unfair methods of competition and unfair or deceptive acts or practices as defined in Code Section 13-8-35 are declared to be unlawful. 13-8-35. (a) It shall be deemed a violation of Code Section 13-8-34 for any manufacturer, factory branch, factory representative, or wholesaler to engage in any action which is arbitrary, in bad faith, or unconscionable and which causes damage in terms of law or equity to any of the parties or to the public. (b) It shall be deemed a violation of Code Section 13-8-34 for a manufacturer, a factory branch or division, or officer, agent, or other representative thereof, to coerce, or attempt to coerce, any wholesaler: (1) To order or accept delivery of any unit of farm equipment or implements or parts or accessories therefor, or any other commodity or commodities which such wholesaler has not voluntarily ordered; or (2) To order or accept delivery of any farm equipment or implements with special features, accessories, or equipment not included in the base list price of such farm equipment or implements as publicly advertised by the manufacturer thereof. (c) It shall be deemed a violation of Code Section 13-8-34 for a manufacturer, a factory branch or division, or officer, agent, or other representative thereof: (1) To refuse to deliver in reasonable quantities and within a reasonable time after receipt of wholesaler's order to any wholesaler having a franchise or contractual

Page 1637

agreement for the sale of farm equipment or implements sold by such manufacturer or factory branch or division any item of farm equipment covered by such franchise or contract specifically advertised or represented by such manufacturer or factory branch or division to be available for immediate delivery; provided, however, the failure to deliver any such unit of farm equipment or implements shall not be considered a violation of this article if such failure is due to prudent and reasonable restriction on extension of credit by the franchisor to the wholesaler, an act of God, work stoppage or delay due to a strike or labor difficulty, a bona fide shortage of materials, freight embargo, or other cause over which the manufacturer or any agent thereof shall have no control; (2) To coerce or attempt to coerce any wholesaler to enter into any agreement, whether written or oral, supplementary to an existing franchise with such manufacturer, factory branch or division, or officer, agent, or other representative thereof; or to do any other act prejudicial to such wholesaler by threatening to cancel any franchise or any contractual agreement existing between such manufacturer or factory branch or division, and such wholesaler; provided, however, that notice in good faith to any wholesaler of such wholesaler's violation of any terms or provisions of such franchise or contractual agreement shall not constitute a violation of this article if such notice is in writing mailed by registered or certified mail to such wholesaler at his current business address; (3) (A) To terminate or cancel the franchise or selling agreement of any such wholesaler without due cause, as defined in subparagraph (B) of this paragraph. The nonrenewal of a franchise or selling agreement, without due cause, shall constitute an unfair termination or cancellation, regardless of the specified time period of such franchise or selling agreement. Except where the grounds for such termination or cancellation fall within division (c)(3)(B)(iii) of this Code section, such manufacturer or factory branch or division, or officer, agent, or other representative thereof shall notify a wholesaler in writing of the termination

Page 1638

or cancellation of the franchise or selling agreement of such wholesaler at least 60 days before the effective date thereof, stating the specific grounds for such termination or cancellation; and in no event shall the contractual term of any such franchise or selling agreement expire without the written consent of the wholesaler involved prior to the expiration of at least 60 days following such written notice. During the 60 day period, either party may, in appropriate circumstances, petition a court to modify such 60 day stay or to extend it pending a final determination of such proceedings on the merits. The court shall have authority to grant preliminary and final injunctive relief. (B) As used in this paragraph, tests for determining what constitutes due cause for a manufacturer to terminate, cancel, or refuse to renew a franchise agreement shall include whether the wholesaler: (i) Has transferred an ownership interest in the business without the manufacturer's consent; (ii) Has made a material misrepresentation in applying for or acting under the franchise agreement; (iii) Has filed a voluntary petition in bankruptcy or has had an involuntary petition in bankruptcy filed against the wholesaler which has not been discharged within 30 days after the filing, is in default under the provisions of a security agreement in effect with the manufacturer, or is in receivership; (iv) Has engaged in an unfair business practice;

Page 1639

(v) Has inadequately represented the manufacturer's products with respect to sales, service, or warranty work; (vi) Has engaged in conduct which is injurious or detrimental to the public welfare; (vii) Has inadequate sales and service facilities and personnel; (viii) Has failed to comply with an applicable licensing law; (ix) Has been convicted of a crime, the effect of which would be detrimental to the manufacturer or wholesale business; (x) Has failed to operate in the normal course of business for seven consecutive business days; (xi) Has relocated the wholesaler's place of business without the manufacturer's consent; or (xii) Has failed to comply with the terms of the franchise agreement; (4) To resort to or use any false or misleading advertisement in connection with his business as such manufacturer, or factory branch or division, or officer, agent, or other representative thereof; (5) To offer to sell any unit of farm equipment or implements or parts or accessories therefor to any other wholesaler at a lower actual price therefor than the actual price offered to any other wholesaler for farm equipment or implement identically equipped; or to utilize any device including, but not limited to, sales promotion plans or programs which result in such lesser actual price; provided, however, the provisions of this paragraph shall not apply to sales to a wholesaler for resale to any unit of the United States government, the state, or any of

Page 1640

its political subdivisions; and provided, further, that the provisions of this paragraph shall not apply so long as a manufacturer sells or offers to sell such new farm equipment or implement, parts, or accessories to all their franchised wholesalers at an equal price; (6) To discriminate willfully, either directly or indirectly, in price, programs, or terms of sale offered to franchisees, where the effect of such discrimination may be to lessen competition substantially or to give to one holder of a franchise any business or competitive advantage not offered to all holders of the same or similar franchise; (7) To prevent or attempt to prevent, by contract or otherwise, any wholesaler from changing the capital structure of his business or the means by or through which he finances the operation of his business, provided the wholesaler at all times meets any reasonable capital standards agreed to between the wholesaler and the manufacturer and provided such change by the wholesaler does not result in a change in the executive management of the wholesaler; (8) To prevent or attempt to prevent, by contract or otherwise, any wholesaler or any officer, partner, or stockholder of any wholesaler from selling or transferring any part of the interest of any of them to any other person or persons or party or parties; provided, however, that no wholesaler, officer, partner, or stockholder shall have the right to sell, transfer, or assign the franchise or power of management or control thereunder without the consent of the manufacturer, except that such consent shall not be unreasonably withheld; (9) To obtain money, goods, services, anything of value, or any other benefit from any other person with whom the wholesaler does business or employs on account of or in relation to the transactions between the wholesaler, the franchisor, and such other person; or

Page 1641

(10) To require a wholesaler to assent to a release, assignment, notation, waiver, or estoppel which would relieve any person from liability imposed by this article. (d) It shall be deemed a violation of Code Section 13-8-34 for a wholesaler: (1) To require a purchaser of any unit of farm equipment or implement, as a condition of sale and delivery thereof, also to purchase special features, appliances, equipments, parts, or accessories not desired or requested by the purchaser; provided, however, that this prohibition shall not apply to special features, appliances, equipment, parts, or accessories which are already installed when a unit of farm equipment or implement is received by the wholesaler from the manufacturer thereof; (2) To represent and sell as new and unused any unit of farm equipment or implement which has been used and operated for demonstration or other purposes without stating to the purchaser the approximate amount of use the unit of farm machinery or implement has experienced; or (3) To resort to or use any false or misleading advertisement in connection with his business as such wholesaler. 13-8-36. (a) Every manufacturer shall specify and every wholesaler shall provide and fulfill reasonable predelivery and preparation obligations for its farm equipment or implements prior to delivery of same to purchasers. (b) Every manufacturer shall provide for repair parts availability throughout the reasonable useful life of any farm equipment or implement sold. (c) Every manufacturer shall provide to his wholesalers, on an annual basis, an opportunity to return a portion of his surplus parts inventory for credit. The surplus parts return procedure shall be administered as follows:

Page 1642

(1) The manufacturer may specify and thereupon notify his wholesalers of a time period of at least 60 days' duration, during which time wholesalers may submit their surplus parts list and return their surplus parts to the manufacturer; (2) If a manufacturer has not notified a wholesaler of a specific time period for returning surplus parts within the preceding 12 months, then he shall authorize and allow the wholesaler's surplus parts return request within 30 days after receipt of such request from the wholesaler; (3) Pursuant to the provisions of this subsection, a manufacturer must allow surplus parts return authority on a dollar value of parts equal to 10 percent of the total dollar value of purchases by the wholesaler from the manufacturer during the 12 month period immediately preceding the notification to the wholesaler by the manufacturer of the surplus parts return program, or the month the wholesaler's return request is made, whichever is applicable; provided, however, that the wholesaler may, at his option, elect to return a dollar value of his surplus parts less than 10 percent of the total dollar value of purchases by the wholesaler from the manufacturer during the preceding 12 month period as provided in this subsection; (4) No obsolete or superseded part may be returned, but any part listed in the manufacturer's current parts price list at the date of notification to the wholesaler by the manufacturer of the surplus parts return program, or the date of a wholesaler's parts return request, whichever is applicable, shall be eligible for return and credit as specified in this subsection; provided, however, that returned parts must be in new and unused condition and must have been purchased from the manufacturer to whom they are returned; (5) The minimum lawful credit to be allowed for returned parts shall be 85 percent of the wholesale cost thereof as listed in the manufacturer's current parts price

Page 1643

list at the date of the notification to the wholesaler by the manufacturer of the surplus parts return program, or the date of a wholesaler's parts return request, whichever is applicable; (6) Applicable credit pursuant to this subsection must be issued to the wholesaler within 30 days after receipt of his returned parts by the manufacturer; and (7) Packing and return freight expense incurred in any return of surplus parts pursuant to the terms of this Code section shall be borne by the wholesaler. 13-8-37. Every manufacturer or factory branch or division shall reimburse its wholesalers for any expenses they incur in complying with the provisions of Georgia laws pertaining to warranty requirements for farm equipment or implements as they apply to products of the manufacturer. 13-8-38. The provisions of this article shall apply to all written or oral agreements between a manufacturer with a wholesaler including, but not limited to, the franchise offering, the franchise agreement, sales of goods, services and advertising, leases or mortgages of real or personal property, promises to pay, security interests, pledges, insurance contracts, advertising contracts, construction or installation contracts, servicing contracts, and all other such agreements in which the manufacturer has any direct or indirect interest. 13-8-39. It shall be unlawful for the manufacturer or franchisor, without due cause, to fail to renew on terms then equally available to all its wholesalers, to terminate a franchise, or to restrict the transfer of a franchise unless the franchisee shall receive fair and reasonable compensation for the inventory of the business. As used in this Code section, `due cause' shall be construed in accordance with the definition of same as contained in subparagraph (c)(3)(B) of Code Section 13-8-35. 13-8-40. (a) In addition to temporary or permanent injunctive relief as provided in subparagraph (c)(3)(A) of Code Section 13-8-35, any person who shall be injured in his business

Page 1644

or property by reason of anything forbidden in this article may bring an action therefor in the appropriate superior court of this state and shall recover the actual damages sustained and the costs of such action, including a reasonable attorney's fee. (b) When such action is one of common or general interest to many persons or when the parties are numerous and it is impracticable to bring them all before the court, one or more may bring a class action for the benefit of the whole, including actions for injunctive relief. (c) In an action for money damages, if the jury finds that the defendant acted maliciously, the jury may award punitive damages as permitted by Georgia law. 13-8-41. Any contract or franchise agreement or part thereof or practice thereunder in violation of any provision of this article shall be deemed against public policy and shall be void and unenforceable. 13-8-42. (a) Whenever any wholesaler enters into a franchise agreement with a manufacturer wherein the wholesaler agrees to maintain an inventory of farm equipment or implements or repair parts and the franchise is subsequently terminated, the manufacturer shall repurchase the inventory as provided in this article. The wholesaler may keep the inventory if he desires. If the wholesaler has any outstanding debts to the manufacturer, then the repurchase amount may be credited to the wholesaler's account. (b) The manufacturer shall repurchase that inventory previously purchased from him and held by the wholesaler on the date of termination of the contract. The manufacturer shall pay 100 percent of the actual wholesaler's cost, including freight, of all new, unsold, undamaged, and complete units of farm equipment or implements which are resalable, all demonstrator units of farm equipment or implements, and 100 percent of the current wholesale price of all new, unused, undamaged repair parts and accessories which are listed in the manufacturer's current parts price list. The manufacturer shall pay the wholesaler 5 percent of the current

Page 1645

wholesale price on all new, unused, and undamaged repair parts returned to cover the cost of handling, packing, and loading. (c) Upon payment within a reasonable time of the repurchase amount to the wholesaler, the title and right of possession to the repurchased inventory shall transfer to the manufacturer. (d) The provisions of this article shall not require the repurchase from a wholesaler of: (1) Any repair part which has a limited storage life or is otherwise subject to deterioration; (2) Any single repair part which is priced as a set of two or more items; (3) Any repair part which, because of its condition, is not resalable as a new part without repackaging or reconditioning; (4) Any inventory for which the wholesaler is unable to furnish evidence, reasonably satisfactory to the manufacturer, of good title, free and clear of all claims, liens, and encumbrances; (5) Any inventory which the wholesaler desires to keep, provided the wholesaler has a contractual right to do so; (6) Any unit of farm equipment or implement which is not in new, unused, undamaged, complete condition, except units that have been used by the wholesaler as demonstrators; (7) Any repair parts which are not in new, unused, undamaged condition; (8) Any inventory which was ordered by the wholesaler on or after the date of receipt of the notification of termination of the franchise; or

Page 1646

(9) Any inventory which was acquired by the wholesaler from any source other than the manufacturer. (e) If any manufacturer shall fail or refuse to repurchase any inventory covered under the provisions of this article within 60 days after termination of a wholesaler's contract, he shall be civilly liable for 100 percent of the current wholesale price of the inventory plus any freight charges paid by the wholesaler, the wholesaler's reasonable attorney's fees, court costs, and interest on the current wholesale price computed at the legal interest rate from the sixty-first day after termination. 13-8-43. In the event of the death or incapacity of the wholesaler or the majority stockholder of a corporation operating as a wholesaler, the manufacturer shall, at the option of the heirs at law if the wholesaler died intestate, or the devisees or transferees under the terms of the deceased wholesaler's last will and testament if said wholesaler died testate, repurchase the inventory from said heirs or devisees as aforesaid as if the manufacturer had terminated the contract, and the inventory repurchase provisions of Code Section 13-8-42 are made expressly applicable hereto. The heirs or devisees as aforesaid shall have one year from the date of the death of the wholesaler or majority stockholder to exercise their option under this article; provided, however, that nothing in this article shall require the repurchase of inventory if the heirs or devisees as aforesaid and the manufacturer enter into a new franchise agreement to operate the wholesale business. 13-8-44. A manufacturer will fully indemnify and hold harmless its wholesaler against any losses including, but not limited to, court costs and reasonable attorney's fees or damages arising out of complaints, claims, or lawsuits including, but not limited to, strict liability, negligence, misrepresentation, express or implied warranty, or rescission of the sale where the complaint, claim, or lawsuit relates to the manufacture, assembly, or design of new items covered by this article, parts or accessories, or other functions by the manufacturer which are beyond the control of the wholesaler.

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13-8-45. The provisions of this article shall apply to all contracts now in effect which have no expiration date and are a continuing contract and all other contracts entered into or renewed after November 1, 1982. Any contract in force and effect on November 1, 1982, which by its own terms will terminate on a date subsequent thereto shall be governed by the law as it existed prior to this article. 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 27, 1993. REVENUE AND TAXATION COMPUTER SOFTWARE; VALUATION AS PERSONAL PROPERTY; EXCEPTIONS; CLASSIFICATION AS INTANGIBLE. Code Sections 48-1-8 and 48-6-21 Amended. No. 567 (House Bill No. 350). AN ACT To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide that for certain purposes computer software shall constitute personal property only to the extent of the value of the unmounted or uninstalled storage medium; to provide for exceptions; to provide that computer software shall be classified as intangible personal property for the purpose of intangible personal property taxation; to provide for a definition; to provide an effective date; to provide for applicability; 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. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by adding a new Code Section 48-1-8 at the end of Chapter 1, relating to revenue and taxation in general, to read as follows: 48-1-8. (a) As used in this Code section, the term `computer software' means any program or routine, or any set of one or more programs or routines, which are used or intended for use to cause one or more computers or pieces of computer related peripheral equipment, or any combination thereof, to perform a task or set of tasks. Without limiting the generality of the foregoing, the term `computer software' shall include operating and application programs and all related documentation. (b) Except as otherwise provided in subsection (c) of this Code section, for the purposes of Chapters 5 and 6 of this title, computer software shall constitute personal property only to the extent of the value of the unmounted or uninstalled medium on or in which it is stored or transmitted. (c) Nothing herein shall be deemed to affect the taxation under Chapter 5 or Chapter 8 of this title of copies of computer software held as inventory in a tangible medium ready for sale at retail by one who is a dealer with respect to such property and the sale of which is subject to sales and use taxation. Section 2. Said title is further amended in Code Section 48-6-21, relating to the classification of intangible personal property, by striking or at the end of paragraph (8), by striking the period at the end of paragraph (9) and inserting in its place ; or, and by adding a new paragraph at the end thereof, to be designated paragraph (10), to read as follows: (10) Computer software as defined in Code Section 48-1-8.

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Section 3. This Act shall become effective on January 1, 1994, and shall be applicable to all taxable years beginning on or after that date. Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 27, 1993. INCOME TAXES CORPORATE DIVIDENDS FROM SOURCES OUTSIDE UNITED STATES; JOB TAX CREDITS FOR BUSINESS ENTERPRISES FOR NEW JOBS IN LESS DEVELOPED AREAS; CROSS-REFERENCE CORRECTED. Code Sections 48-7-21 and 48-7-86 Amended. Code Section 48-7-40.1 Enacted. No. 568 (House Bill No. 536). AN ACT To amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to change certain provisions relating to the subtraction from taxable income of dividends received by a corporation from certain sources outside the United States; to provide for a job tax credit for certain business enterprises in certain areas comprised of ten or more contiguous census tracts which have been designated by the commissioner of community affairs as less developed areas; to provide for a definition; to provide for powers, duties, and authority of the commissioner of community affairs and the state revenue commissioner with respect to such credit; to provide for certain adjustments to such credit; to provide for transfer and continuation of such credit under certain circumstances; to authorize such credit to be carried forward from the close of certain taxable years; to correct an internal cross-reference in Code Section 48-7-86; to provide for applicability; 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. Chapter 7 of Title 48 of the Official Code of Georgia, relating to the imposition, rate, and computation of income taxes, is amended by striking subparagraph (b)(8)(A) of Code Section 48-7-21, relating to income taxation of corporations, and inserting in its place a new subparagraph (b)(8)(A) to read as follows: (A) A corporation from sources outside the United States as defined in the Internal Revenue Code of 1986. For purposes of this subparagraph, dividends received by a corporation from sources outside of the United States shall include amounts treated as a dividend and income deemed to have been received under provisions of the Internal Revenue Code of 1986 by such corporation if such amounts could have been subtracted from taxable income under this paragraph, had such amounts actually been received. Amounts to be subtracted under this subparagraph shall include the following, as defined by the Internal Revenue Code of 1986: (i) Qualified electing fund income; (ii) Subpart F income; and (iii) Income attributable to an increase in United States property by a controlled foreign corporation. The amount subtracted under this subparagraph shall be reduced by any expenses directly attributable to the dividend income; and. Section 2. Said chapter is further amended by adding a new Code section immediately following Code Section 48-7-40, to be designated Code Section 48-7-40.1, to read as follows: 48-7-40.1. (a) As used in this Code section, the term `business enterprise' means any business which is engaged in manufacturing, warehousing and distribution, processing, tourism, and research and development industries. Such term shall not include retail businesses.

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(b) Not later than December 31 of each year, using the most current data available from the Department of Labor and the United States Department of Commerce, the commissioner of community affairs shall rank and designate as less developed areas the areas which are comprised of ten or more contiguous census tracts 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; and (3) Highest percentage of residents whose income is below the poverty level according to the most recent data available. (c) The commissioner of community affairs shall be authorized to include in the designation provided for in subsection (b) of this Code section any area comprised of ten or more contiguous census tracts 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 area. No designation made pursuant to this subsection shall operate to displace or remove any other area previously designated as a less developed area. (d) For business enterprises which plan a significant expansion in their labor forces, the commissioner of community affairs shall prescribe redesignation procedures to ensure that the business enterprises can claim credits in future years without regard to whether or not a particular area is removed from the list of less developed areas. (e) Business enterprises in areas designated by the commissioner of community affairs as less developed areas shall be allowed a job tax credit for taxes imposed under this article equal to $2,000.00 annually for each new full-time employee job for five years beginning with years two through six after the creation of the job. The number of new full-time

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jobs shall be determined by comparing the monthly average number of full-time employees subject to Georgia income tax withholding for the taxable year with the corresponding period of the prior taxable year. Only those business enterprises that increase employment by ten or more in a less developed area shall be eligible for the credit. In addition, not less than 60 percent of such new full-time jobs must be held by a resident of the less developed area for which the credit is sought or another such designated less developed area. Credit shall not be allowed during a year if the net employment increase falls below ten. Any credit received for years prior to the year in which the net employment increase falls below ten shall not be affected. The state revenue commissioner shall adjust the credit allowed each year for net new employment fluctuations above the minimum level of ten. (f) Tax credits for five years for the taxes imposed under this article shall be awarded for additional new full-time jobs created by business enterprises qualified under subsection (b) or (c) of this Code section. Additional new full-time jobs shall be determined by subtracting the highest total employment of the business enterprise during years two through six, or whatever portion of years two through six which has been completed, from the total increased employment. The state revenue commissioner shall adjust the credit allowed in the event of employment fluctuations during the additional five years of credit. (g) The sale, merger, acquisition, or bankruptcy of any business enterprise shall not create new eligibility in any succeeding business entity, but any unused job tax credit may be transferred and continued by any transferee of the business enterprise. The commissioner of community affairs shall determine whether or not qualifying net increases or decreases have occurred and may require reports, promulgate regulations, and hold hearings as needed for substantiation and qualification. (h) Any credit claimed under this Code section but not used in any taxable year may be carried forward for ten years from the close of the taxable year in which the qualified jobs were established, but the credit established by this

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Code section taken in any one taxable year shall be limited to an amount not greater than 50 percent of the taxpayer's state income tax liability which is attributable to income derived from operations in this state for that taxable year. Section 3. Said chapter is further amended by striking subsection (f) of Code Section 48-7-86, relating to penalty for failure to pay or for underpayment of income taxes, and inserting in its place a new subsection (f) to read as follows: (f) If any part of any underpayment of tax required to be shown on a return is due to fraud, an amount equal to 50 percent of the underpayment shall be added to the tax. This amount shall be in lieu of any amount determined under subsection (e) of this Code section. If any penalty is assessed under this subsection for an underpayment of tax which is required to be shown on a return, no penalty under Code Section 48-7-57 or subsection (a) of this Code section shall be assessed with respect to the same underpayment. Section 4. Section 1, Section 3, this section, and Section 5 of this Act shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval and Section 1 of this Act shall be applicable to all taxable years beginning on or after that date. Section 2 of this Act shall become effective January 1, 1994, and shall be applicable to all taxable years beginning on and after January 1, 1994. Section 5. All laws and parts of laws in conflict with this Act are repealed. Approved April 27, 1993.

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CRIMINAL PROCEDURE IMPOSITION OF SENTENCE OF LIFE WITHOUT PAROLE. Code Sections 17-10-1 and 17-10-2 Amended. Code Sections 17-10-16, 17-10-30.1, 17-10-31.1, and 17-10-32.1 Enacted. No. 569 (House Bill No. 485). AN ACT To amend Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to sentencing and punishment in criminal cases, so as to provide for the imposition of a sentence of life without parole in certain cases under certain circumstances; to provide for other related matters; to provide for applicability; to state legislative intent; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to sentencing and punishment in criminal cases, is amended by striking paragraph (1) of subsection (a) of Code Section 17-10-1, relating to the fixing of sentences, in its entirety and inserting in lieu thereof the following: (1) Except in cases in which life imprisonment, life without parole, or the death penalty may 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 all or any part of the entire sentence under such rules and regulations as the judge deems proper, subject to the conditions set out in this subsection.

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Section 2. Said chapter is further amended by striking Code Section 17-10-2, relating to the conduct of presentence hearings in felony cases, in its entirety and inserting in lieu thereof the following: 17-10-2. (a) Except in cases in which the death penalty or life without parole may be imposed, upon the return of a verdict of `guilty' by the jury in any felony case, the judge shall dismiss the jury and shall conduct a presentence hearing at which the only issue shall be the determination of punishment to be imposed. In the hearing the judge shall hear additional evidence in extenuation, mitigation, and aggravation of punishment, including the record of any prior criminal convictions and pleas of guilty or nolo contendere of the defendant, or the absence of any prior conviction and pleas, provided that only such evidence in aggravation as the state has made known to the defendant prior to the defendant's trial shall be admissible. The judge shall also hear argument by the defendant or the defendant's counsel and the district attorney, as provided by law, regarding the punishment to be imposed. The district attorney shall open and the defendant or the defendant's counsel shall conclude the argument. Upon the conclusion of the evidence and arguments, the judge shall impose the sentence or shall recess the trial for the purpose of taking the sentence to be imposed under advisement. The judge shall fix a sentence within the limits prescribed by law. (b) In cases in which the death penalty or life without parole may be imposed, the judge, when sitting without a jury, in addition to the procedure set forth in subsection (a) of this Code section, shall follow the procedures provided for in Code Sections 17-10-30 and 17-10-30.1. (c) In all cases tried by a jury in which the death penalty or life without parole may be imposed, upon a return of a verdict of `guilty' by the jury, the court shall resume the trial and conduct a presentence hearing before the jury. The hearing shall be conducted in the same manner as presentence hearings conducted before the judge as provided for in subsection (a) of this Code section. Upon the conclusion of the evidence and arguments, the judge shall give the

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jury appropriate instructions, and the jury shall retire to determine whether any mitigating or aggravating circumstances, as defined in Code Section 17-10-30, exist and whether to recommend mercy for the defendant. Upon the findings of the jury, the judge shall fix a sentence within the limits prescribed by law. (d) If the trial court is reversed on appeal because of error only in the presentence hearing, the new trial which may be ordered shall apply only to the issue of punishment. Section 3. Said chapter is further amended by inserting after Code Section 17-10-15 a new Code Section 17-10-16 to read as follows: 17-10-16. (a) Notwithstanding any other provision of law, a person who is convicted of an offense committed after the effective date of this Code section for which the death penalty may be imposed under the laws of this state may be sentenced to death, imprisonment for life without parole, or life imprisonment as provided in Article 2 of this chapter. (b) Notwithstanding any other provision of law, any person who is convicted of an offense for which the death penalty may be imposed and who is sentenced to imprisonment for life without parole shall not be eligible for any form of parole during such person's natural life unless the State Board of Pardons and Paroles or a court of this state shall, after notice and public hearing, determine that such person was innocent of the offense for which the sentence of imprisonment for life without parole was imposed. Such person shall not be eligible for any work release program, leave, or any other program administered by the Department of Corrections the effect of which would be to reduce the term of actual imprisonment to which such person was sentenced. Section 4. Said chapter is further amended by inserting after Code Section 17-10-30 a new Code Section 17-10-30.1 to read as follows: 17-10-30.1. (a) Imprisonment for life without parole can be imposed in any murder case in which there is found

Page 1657

by the court or jury one or more statutory aggravating circumstances as defined by Code Section 17-10-30. (b) In all cases for which life without parole may be authorized, the judge shall consider, or shall include in the judge's instructions to the jury for it to consider, any mitigating circumstances or any of the statutory aggravating circumstances specified by Code Section 17-10-30 which may be supported by the evidence. (c) The statutory instructions as determined by the trial judge to be warranted by the evidence shall be given in charge and in writing to the jury for its deliberation. The jury, if its verdict is a recommendation of life without parole, shall designate in writing, signed by the foreman of the jury, the statutory aggravating circumstance or circumstances which it found beyond a reasonable doubt. In nonjury cases the judge shall make such designation. Unless at least one of the statutory aggravating circumstances enumerated in Code Section 17-10-30 is so found, life without parole shall not be imposed. Section 5. Said chapter is further amended by inserting after Code Section 17-10-31 a new Code Section 17-10-31.1 to read as follows: 17-10-31.1. (a) Where, upon a trial by jury, a person is convicted of murder, a sentence of death or life without parole shall not be imposed unless the jury verdict includes a finding of at least one statutory aggravating circumstance and a recommendation that such sentence be imposed. (b) Where a statutory aggravating circumstance is found and a recommendation of life without parole is made, the court shall sentence the defendant to imprisonment for life without parole as provided in Code Section 17-10-16. (c) Where a jury has been impaneled to determine sentence and the jury has unanimously found the existence of at least one statutory aggravating circumstance but is unable to reach a unanimous verdict as to sentence, the judge shall dismiss the jury and shall impose a sentence of either life imprisonment

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or imprisonment for life without parole. In imposing sentence, the judge may sentence the defendant to imprisonment for life without parole only if the court finds beyond a reasonable doubt that the defendant committed at least one statutory aggravating circumstance and the trial court has been informed by the jury foreman that upon their last vote, a majority of the jurors cast their vote for a sentence of death or for a sentence of life imprisonment without parole; provided, however, that the trial judge may impose a sentence of life imprisonment as provided by law. (d) Notwithstanding any other provision of law, during the sentencing phase before a jury, counsel for the state and the accused may present argument and the trial judge may instruct the jury: (1) That `life without parole' means that the defendant shall be incarcerated for the remainder of his or her natural life and shall not be eligible for parole unless such person is subsequently adjudicated to be innocent of the offense for which he or she was sentenced; and (2) That `life imprisonment' means that the defendant will be incarcerated for the remainder of his or her natural life but will be eligible for parole during the term of such sentence. Section 6. Said chapter is further amended by inserting after Code Section 17-10-32 a new Code Section 17-10-32.1 to read as follows: 17-10-32.1. (a) Subject to the provisions of subsection (b) of this Code section, any person who has been indicted for an offense for which the death penalty or life without parole may be imposed may enter a plea of guilty at any time after indictment, and the judge of the superior court having jurisdiction may, in the judge's discretion, sentence the person to life imprisonment or to any other punishment authorized by law for the offense named in the indictment. (b) Unless the district attorney has given notice that the state intends to seek the death penalty pursuant to the

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Uniform Rules of the Superior Courts, the judge shall sentence the defendant to life imprisonment. In cases where such notice has been given, the judge may sentence the defendant to death or life without parole only if the judge finds beyond a reasonable doubt the existence of at least one statutory aggravating circumstance as provided in Code Section 17-10-30. Section 7. Except as provided in this section, the provisions of this Act shall apply only to those offenses committed after the effective date of this Act. With express written consent of the state, a defendant whose offense was committed prior to the effective date of this Act may elect in writing to be sentenced under the provisions of this Act provided that: (1) jeopardy for the offense charged has not attached and the state has filed with the trial court notice of its intention to seek the death penalty or (2) the defendant has been sentenced to death but the conviction or sentence has been reversed on appeal and the state is not barred from seeking the death penalty after remand. Section 8. Except as provided in Section 6 of this Act, the amendment or repeal of a Code section by this Act shall not affect any sentence imposed by any court of this state prior to the effective date of this Act nor shall this Act be construed as repealing Code Sections 17-10-30, 17-10-31, or 17-10-32 of the Official Code of Georgia Annotated. Section 9. No person shall be sentenced to life without parole unless such person could have received the death penalty under the laws of this state as such laws have been interpreted by the United States Supreme Court and the Supreme Court of Georgia. Section 10. This Act shall become effective on the first day of the month following its approval by the Governor or its becoming law without the approval of the Governor.

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Section 11. All laws and parts of laws in conflict with this Act are repealed. Approved April 27, 1993. CRIMINAL PROCEDURE VICTIM IMPACT STATEMENTS; ALLOWANCE INTO EVIDENCE. Code Sections 17-10-1.1 and 17-10-1.2 Amended. No. 570 (House Bill No. 486). AN ACT To amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposition of punishment, so as to change the provisions relating to victim impact statements and the consideration thereof; to authorize judicial consideration of certain evidence and testimony in cases in which life imprisonment or the death penalty may be imposed; to authorize, at the discretion of the court, certain evidence and testimony in the presence of the defendant and jury in cases in which life imprisonment must be imposed or the death penalty may be imposed; to provide for cross-examination and rebuttal; to provide for practices, procedures, and requirements; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposition of punishment, is amended by striking in its entirety subsection (a) of Code Section 17-10-1.1, relating to judicial consideration of victim impact statement in determining sentence and entering order of restitution, which reads as follows:

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(a) (1) Except in cases in which life imprisonment or the death penalty must be imposed, when a prosecuting attorney brings charges against a defendant, the prosecuting attorney shall notify any victim of a defendant's alleged offense that the victim may submit a victim impact statement if: (A) The defendant, in committing a felony, caused physical, psychological, or economic injury to the victim; or (B) The defendant, in committing a misdemeanor, caused serious physical injury or death to the victim. (2) A victim impact statement submitted by a victim shall be attached to the case file and may be used by the prosecuting attorney or the judge during any stage of the proceedings against the defendant involving predisposition, plea bargaining, sentencing, or determination of restitution., and inserting in lieu thereof a new subsection (a) to read as follows: (a) (1) A prosecuting attorney bringing charges against a defendant shall notify, where practical, the alleged victim or, when the victim is no longer living, a member of the victim's family of his or her right under certain circumstances to submit a victim impact statement: (A) Where the charge is a felony, if the defendant allegedly caused physical, psychological, or, if restitution is sought, economic injury to the victim; or (B) Where the charge is a misdemeanor, if the defendant allegedly caused serious physical injury or death to the victim. (2) A victim impact statement submitted by a victim shall be attached to the case file and may be used by

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the prosecuting attorney or the judge during any stage of the proceedings against the defendant involving predisposition, plea bargaining, sentencing, or determination of restitution. Section 2. Said article is further amended by striking in its entirety Code Section 17-10-1.2, relating to oral victim impact statements, and inserting in lieu thereof a new Code Section 17-10-1.2 to read as follows: 17-10-1.2. (a) (1) In all cases in which the death penalty may be imposed, subsequent to an adjudication of guilt and in conjunction with the procedures in Code Section 17-10-30, the court may allow evidence from the family of the victim, or such other witness having personal knowledge of the victim's personal characteristics and the emotional impact of the crime on the victim, the victim's family, or the community. Such evidence shall be given in the presence of the defendant and of the jury and shall be subject to cross-examination. The admissibility of such evidence shall be in the sole discretion of the judge and in any event shall be permitted only in such a manner and to such a degree as not to inflame or unduly prejudice the jury. (2) In all cases other than those in which the death penalty may be imposed, prior to fixing of the sentence as provided for in Code Section 17-10-1 or the imposing of life imprisonment as mandated by law, and before rendering the appropriate sentence, including any order of restitution, the court, within its discretion, may allow evidence from the victim, the family of the victim, or such other witness having personal knowledge of the impact of the crime on the victim, the family of the victim, or community. Such evidence shall be given in the presence of the defendant and shall be subject to cross-examination. (b) In presenting such evidence, the victim, the family of the victim, or such other witness having personal knowledge of the impact of the crime on the victim, the victim's family, or the community shall, if applicable:

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(1) Describe the nature of the offense; (2) Itemize any economic loss suffered by the victim or the family of the victim, if restitution is sought; (3) Identify any physical injury suffered by the victim as a result of the offense along with its seriousness and permanence; (4) Describe any change in the victim's personal welfare or familial relationships as a result of the offense; (5) Identify any request for psychological services initiated by the victim or the victim's family as a result of the offense; and (6) Include any other information related to the impact of the offense upon the victim, the victim's family, or the community that the court inquires of. (c) The court shall allow the defendant the opportunity to cross-examine and rebut the evidence presented of the victim's personal characteristics and the emotional impact of the crime on the victim, the victim's family, or the community, and such cross-examination and rebuttal evidence shall be subject to the same discretion set forth in paragraph (1) of subsection (a) of this Code section. (d) No sentence shall be invalidated because of failure to comply with the provisions of this Code section. This Code section shall not be construed to create any cause of action or any right of appeal on behalf of any person. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 27, 1993.

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SPECIAL ALTERNATIVE INCARCERATION MANDATORY PARTICIPATION IN ADULT EDUCATION WHILE CONFINED AND AS PROBATION CONDITION; EXEMPTIONS; PROBATION REVOCATION. Code Section 42-8-35.1 Amended. No. 571 (House Bill No. 191). AN ACT To amend Code Section 42-8-35.1 of the Official Code of Georgia Annotated, relating to special alternative incarceration, so as to require participation of confined individuals in adult education courses; to provide for conditions and requirements with respect to such participation; to provide for exemptions; to provide for participation during probation; 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 42-8-35.1 of the Official Code of Georgia Annotated, relating to special alternative incarceration, is amended by adding a new subsection at the end thereof, to be designated subsection (f), to read as follows: (f) The satisfactory report of performance in the program from the department shall, in addition to the other requirements specified in this Code section, require participation of the individual confined in the unit in such adult education courses necessary to attain the equivalency of a grade five competency level as established by the State Board of Education for elementary schools. Those individuals who are mentally handicapped as determined by initial testing are exempt from mandatory participation. After the individual is released from the unit, it shall be a special condition of probation that the individual participate in an education program in the community until grade five level competency is achieved or active probation supervision terminates. It shall be the duty of the department to certify to the trial court that such individual has satisfactorily completed

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this condition of probation while on active probation supervision. The receipt of an unsatisfactory report may be grounds for revocation of the probated sentence as would any other violation of a condition or term of probation. Under certain circumstances, the probationer may be exempt from this requirement if it is determined by the probation officer that community education resources are inaccessible to the probationer. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1993. SUSPENDED DRIVERS' LICENSES CUSTODY; RETURN; FEES; DESTRUCTION. Code Section 40-5-53 Amended. No. 572 (House Bill No. 227). 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 physical custody of suspended drivers' licenses by the Department of Public Safety; to provide for destruction and nondestruction of such licenses under certain circumstances; to provide for the return of original licenses without additional fees under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, is amended by striking subsection (a) of Code Section 40-5-53, relating to when courts are to send licenses and reports of convictions to the Department

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of Public Safety, in its entirety and inserting in lieu thereof the following: (a) Whenever any person is convicted of any offense for which this chapter makes mandatory the suspension of the license of such person by the department, the court in which such conviction is had shall require the surrender to it of any driver's license then held by the person so convicted and the court shall thereupon forward the same to the Department of Public Safety, together with the uniform citation form authorized by Article 1 of Chapter 13 of this title, within ten days after the conviction. Notwithstanding any other provision of this title, the Department of Public Safety shall retain possession of any suspended drivers' licenses forwarded to it under this or any other provision of law if the license's expiration date, as shown on the driver's license, is one year or more away. The department shall return the driver's original license upon payment of the applicable reinstatement fee if such driver applies for and is granted reinstatement while the original license is in the possession of the department. No additional fee shall be required for the return of such original license. The department may destroy a suspended license if the license's expiration date, as shown on the license, is less than one year away. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1993.

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EDUCATION LOCAL SCHOOL SUPERINTENDENTS; MINIMUM SALARY; STATE FUNDS. Code Section 20-2-108, 20-2-186, and 20-2-292 Amended. No. 573 (House Bill No. 248). AN ACT To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide that each local school superintendent shall be paid a certain minimum salary; to provide that such salary shall be paid out of state funds; to change the provisions regarding program weights and sparsity grants to provide for such salary; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by striking in its entirety Code Section 20-2-108, relating to the certification, classification, and compensation of county school superintendents, and inserting in its place the following Code section. 20-2-108. Each local 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 $27,000.00 per year, such salary to be paid in equal monthly installments out of state funds; and in addition thereto, the local 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 2. Said chapter is further amended by striking Code Section 20-2-186, relating to program weights for certain salaries, and inserting in its place the following Code section: 20-2-186. All program weights, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries of a superintendent regardless of system size, assistant superintendents, and a visiting teacher as well as the salaries of secretaries and an accountant essential for the efficient and effective management of all instructional and supportive educational programs of a base size local school system pursuant to Code Section 20-2-181 and to provide for the costs of operating an administrative office for the local school system and for workers' compensation and employment security payments for personnel at the central office, school, and program levels, subject to appropriation by the General Assembly. Further, the program weights for all special education programs pursuant to Code Section 20-2-152, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries of special education leadership personnel essential and necessary for the effective operation of such programs in a base size local school system. Further, the program weights for all programs, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries of school psychologists and psychometrists essential and necessary for the effective operation of such programs in a base size local school system, subject to appropriation by the General Assembly. Section 3. Said chapter is further amended by adding at the end of Code Section 20-2-292, relating to sparsity grants, the following subsection: (d) The beginning salaries of school superintendents in systems less than the base size specified in Code Section 20-2-181 shall be paid in the same amount as the amount determined for salaries of school superintendents for base size systems. Section 4. This Act shall become effective on July 1, 1993, provided funds are appropriated, otherwise this Act shall become effective July 1, 1994.

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Section 5. All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1993. PUBLIC RECORDS DISCLOSURE; EXEMPTION EXTENDING NOT MORE THAN 75 YEARS FOR ARCHIVAL RECORDS OF HISTORICAL VALUE AT WISH OF OWNER OR DONOR; NOT APPLICABLE TO GOVERNMENT RECORDS. Code Section 50-18-72 Amended. No. 574 (House Bill No. 254). AN ACT To amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of public records is not required, so as to provide that certain archival records shall be exempt from public disclosure; to provide that such disclosure shall not extend beyond 75 years from the date of donation or sale; to provide for an exemption; 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 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of public records is not required, is amended by striking the word or at the end of paragraph (7) of subsection (a); by striking the period from the end of paragraph (8) and inserting in lieu thereof the symbol and word ; or; and by inserting a new paragraph (9) immediately following paragraph (8) to read as follows: (9) Records that are of historical research value which are given or sold to public archival institutions, public libraries,

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or libraries of a unit of the Board of Regents of the University System of Georgia when the owner or donor of such records wishes to place restrictions on access to the records. No restriction on access, however, may extend more than 75 years from the date of donation or sale. This exemption shall not apply to any records prepared in the course of the operation of state or local governments of the State of Georgia. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1993. ELECTIONS ATTORNEY GENERAL INVESTIGATION OF VIOLATIONS OF ELECTIONS LAWS. Code Section 21-2-31 Amended. Code Section 21-2-33.1 Enacted. No. 575 (House Bill No. 298). AN ACT To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to revise certain duties of the State Election Board; to provide for additional powers, duties, and authority of such board with respect to violations of certain election laws or rules promulgated pursuant thereto; to provide an effective date; torepeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking paragraph (5) of subsection (a) of Code Section 21-2-31, relating to duties of the State Election Board, and inserting in its place a new paragraph (5) to read as follows:

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(5) To investigate when necessary or advisable the administration of primary and election laws and frauds and irregularities in primaries and elections and to report violations of the primary and election laws either to the Attorney General or the appropriate district attorney who shall be responsible for further investigation and prosecution. Nothing in this paragraph shall be so construed as to require any complaining party to request an investigation by the board before such party might proceed to seek any other remedy available to that party under this chapter or any other provision of law,. Section 2. Said title is further amended by adding a new Code section immediately following Code Section 21-2-33, to be designated Code Section 21-2-33.1, to read as follows: 21-2-33.1. (a) The State Election Board is vested with the power to issue orders, after the completion of appropriate proceedings, directing compliance with this chapter or prohibiting the actual or threatened commission of any conduct constituting a violation, which order may include a provision requiring the violator: (1) To cease and desist from committing further violations; and (2) To pay a civil penalty not to exceed $1,000.00 for each violation of this chapter or for each failure to comply with any provision of this chapter or of any rule or regulation promulgated under this chapter. (b) A civil penalty shall not be assessed against any person except after notice and hearing as provided by Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' In addition to the State Election Board, any contested case may be held before any representative of such board who has been selected and appointed by such board for such purpose. The amount of any civil penalty finally assessed shall be recoverable by a civil action brought in the name of the State Election Board. All moneys recovered pursuant to this Code section shall be deposited in the state treasury.

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(c) The Attorney General of this state shall, upon complaint by the State Election Board, or may, upon the Attorney General's own initiative if after examination of the complaint and evidence the Attorney General believes a violation has occurred, bring an action in the superior court in the name of the State Election Board for a temporary restraining order or other injunctive relief or for civil penalties assessed against any person violating any provision of this chapter or any rule or regulation duly issued by the State Election Board. (d) Any action brought by the Attorney General to enforce civil penalties assessed against any person for violating the provisions of this chapter or any rule or regulation duly issued by the State Election Board or any order issued by the State Election Board ordering compliance or to cease and desist from further violations shall be brought in the superior court of the county of the residence of the party against whom relief is sought. Service of process shall lie in any jurisdiction within the state. In such actions, the superior court inquiry will be limited to whether notice was given by the State Election Board to the violator in compliance with the Constitution and the rules of procedure of Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' Upon satisfaction that notice was given and a hearing was held pursuant to Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' the superior court shall enforce the orders of the State Election Board and the civil penalties assessed under this chapter and the superior court shall not make independent inquiry as to whether the violations have occurred. (e) In any action brought by the Attorney General to enforce any of the provisions of this chapter or of any rule or regulation issued by the State Election Board, the judgment, if in favor of the State Election Board, shall provide that the defendant pay to the State Election Board the costs, including reasonable attorneys' fees, incurred by the State Election Board in the prosecution of such action.

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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 28, 1993. SHERIFFS DEPOSIT OF FUNDS HELD; INTEREST-BEARING ACCOUNTS. Code Section 15-16-27 Amended. No. 576 (House Bill No. 403). AN ACT To amend Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to sheriffs, so as to repeal a provision authorizing deposit of certain funds held by the sheriffs of certain counties; to provide that certain sheriffs shall elect whether to continue investing or depositing such funds in accordance with such provision until the effective date of its repeal or whether to deposit said funds in accordance with the provisions of this Act; to provide for written notice to the Georgia Indigent Defense Council; to provide that sheriffs shall deposit certain funds into interest-bearing accounts; to provide that interest from such funds held by sheriffs shall be remitted to the Georgia Indigent Defense Council for distribution to the counties pursuant to Article 2 of Chapter 12 of Title 17; to provide for the remittance of certain information; to provide which investments shall be used for this purpose; to provide for exemptions; to provide for related matters; to provide effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1. Article 1 of Chapter 16 of Title 15, relating to sheriffs, is amended by striking in its entirety Code Section 15-16-27, relating to deposit by sheriffs of cash bonds and certain cash reserves into interest-bearing accounts, and inserting a new Code section to read as follows: 15-16-27. (a) The sheriff of any county with a population of 500,000 or more according to the United States decennial census of 1990 or any future such census may deposit cash bonds and cash reserves of professional bondspersons held by the sheriff in interest-bearing accounts in one or more financial institutions designated as county depositories. Interest earned on any such account shall be periodically transferred from the depository into the general fund of the county treasury as directed by the county governing authority. Such proceeds may be used for any purpose for which general county funds may lawfully be used. (b) The provisions of subsection (a) of this Code section shall be repealed July 1, 1994. (c) In counties where the sheriff exercised discretion to deposit funds in one or more interest-bearing accounts pursuant to subsection (a) of this Code section, and such funds were on deposit on January 1, 1993, the sheriff may continue to deposit such funds pursuant to subsection (a) of this Code section until July 1, 1994. In such counties, sheriffs who do not elect to continue depositing funds pursuant to subsection (a) of this Code section, or who cease depositing such funds pursuant to subsection (a) of this Code section, shall be subject to the provisions of subsections (e) through (g) of this Code section. In such counties, sheriffs shall provide a written notice to the Georgia Indigent Defense Council within 30 days following July 1, 1993, stating that funds were on deposit pursuant to this Code section on January 1, 1993, and stating whether they have elected to continue depositing funds pursuant to subsection (a) of this Code section or to comply with the provisions of subsections (e) through (g) of this Code section. In such counties, sheriffs may change their election by written notice to the Georgia Indigent Defense Council.

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(d) In counties where no funds were on deposit pursuant to subsection (a) of this Code section on January 1, 1993, sheriffs shall be subject to the provisions of subsections (e) through (g) of this Code section, effective July 1, 1993. (e) Unless transferred to the appropriate clerk of court, the sheriff shall deposit cash bonds and cash reserves of professional bondsperons held by the sheriff in one or more interest-bearing trust accounts in investments authorized by Code Section 36-80-3 or by Chapter 83 of Title 36. (f) The financial institution in which the funds are deposited shall remit, after service charges or fees are deducted, the interest generated by such funds directly, at least quarterly and within 30 days of receipt, to the Georgia Indigent Defense Council for distribution to the counties pursuant to Article 2 of Chapter 12 of Title 17. With each remittance the financial institution shall send a statement showing the name of the county, deposits and withdrawals from the account or accounts, interest paid, service charges or fees of the bank or other depository, and the net remittance. The Georgia Indigent Defense Council shall allocate all interest received from such funds deposited in interest-bearing trust accounts to the counties pursuant to Article 2 of Chapter 12 of Title 17. (g) In counties where the service charges or fees of the bank or depository would exceed the interest received from funds subject to this Code section, the sheriff shall be exempt from subsections (d), (e), and (f) of this Code section. In such counties, the sheriff shall send a written notice to the Georgia Indigent Defense Council. Section 2. (a) Subsection (b) of Code Section 15-16-27, added by Section 1 of this Act, shall be effective July 1, 1994. (b) The remaining provisions of this Act shall be effective July 1, 1993, and shall apply to cash bonds and cash reserves of professional bondspersons received by sheriffs on or after July 1, 1993; provided, however, that on and after July 1, 1993, sheriffs governed by this Act shall exercise their discretion in determining whether to deposit in accordance with this Act

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cash bonds and cash reserves of professional bondspersons held by the sheriff which were received by the sheriff before July 1, 1993. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1993. COMMERCE AND TRADE UNLICENSED HOME HEALTH SERVICES; REPRESENTATION REGARDING SERVICES. Code Section 10-1-393 Amended. No. 577 (House Bill No. 335). AN ACT To amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the Fair Business Practices Act of 1975, so as to prohibit unlicensed home health services from making certain representations regarding services; to provide for definitions; to provide for enforcement and authority relating thereto; to provide requirements relating to advertisements; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the Fair Business Practices Act of 1975, is amended by striking from subsection (b) of Code Section 10-1-393, relating to unfair or deceptive practices in consumer transactions, the period at the end of paragraph (25) and inserting in lieu thereof a semicolon and by striking the period at the end of paragraph (26) and inserting in lieu thereof ; or and by inserting at the end of said subsection a new paragraph (27) to read as follows:

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(27) With respect to any individual or facility providing home health services: (A) For any person or entity not duly licensed by the Department of Human Resources as a home health agency to regularly hold itself out as a home health agency; or (B) For any person or entity not duly licensed by the Department of Human Resources as a home health agency to utilize the words `home health' or `home health services' in any manner including but not limited to advertisements, brochures, or letters. Unless otherwise prohibited by law, nothing in this subparagraph shall be construed to prohibit persons or entities from using the words `home health' or `home health services' in conjunction with the words `equipment,' `durable medical equipment,' `pharmacy,' `pharmaceutical services,' `prescription medications,' `infusion therapy,' or `supplies' in any manner including but not limited to advertisements, brochures, or letters. An unlicensed person or entity may advertise under the category `home health services' in any advertising publication which divides its advertisements into categories, provided that: (i) The advertisement is not placed in the category with the intent to mislead or deceive; (ii) The use of the advertisement in the category is not part of an unfair or deceptive practice; and (iii) The advertisement is not otherwise unfair, deceptive, or misleading. For purposes of this paragraph, the term `home health agency' shall have the same definition as contained in Code Section 31-7-150, as now or hereafter amended. The provisions of this paragraph shall be enforced by the administrator in consultation with the Department of Human Resources; provided, however, that the administrator shall not

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have any responsibility for matters or functions related to the licensure of home health agencies. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1993. ANTIQUE OR HOBBY OR SPECIAL INTEREST VEHICLES SPECIAL LICENSE PLATES; SPECIAL PERMITS NOT REQUIRED; FAIR MARKET VALUE FOR AD VALOREM TAXATION. Code Sections 40-2-77, 48-5-440, 48-5-442, and 48-5-473 Amended. No. 578 (House Bill No. 520). AN ACT To amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates, so as to change certain definitions; to provide that antique and hobby or special interest vehicles may be operated without restrictions or limitations; to change the manufacturing fee for the special license plates issued for such vehicles; to repeal the requirement for an additional annual registration fee for such license plates; to change the transfer fee for such special license plates; to amend Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles and mobile homes, so as to exempt antique and hobby or special interest motor vehicles from excessive ad valorem taxes; to provide that all such antique and hobby or special interest motor vehicles will be deemed to have a fair market value of $100.00; 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 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates, is amended by strikign Code Section 40-2-77, relating to special license plates for historical vehicles and street rods, in its entirety and inserting in lieu thereof the following: 40-2-77. (a) As used in this Code section, the term `antique or hobby or special interest vehicle' means any motor vehicle which is over 25 years old or a motor vehicle which has been designed and manufactured to resemble an antique or historical vehicle and which is owned as a collector's item and for participation in club activities, exhibitions, tours, parades, and similar uses but which may be used for general transportation. (b) Upon application, registration, and payment of an annual registration fee of $20.00, the commissioner shall issue a special license plate, as described in this Code section, for every antique vehicle and every hobby or special interest vehicle within the state. (c) For antique vehicles and hobby or special interest vehicles, said license plates shall be of metal at least six inches wide and not less than 12 inches in length and shall show in bold characters the words `Antique Vehicle' or `Hobby or Special Interest Vehicle,' as appropriate, the full name or the abbreviation of the name of the state, a serial number, and other distinctive markings as in the judgment of the commissioner will to the best advantage advertise, popularize, and otherwise promote the state. The serial numbers shall commence with the number one and continue in consecutive numerical sequence. (d) The commissioner shall make such rules and regulations as necessary to ascertain compliance with all state license laws relating to use and operation of a private passenger car before issuing these plates in lieu of the regular Georgia license plate. (e) Upon the sale or transfer of any antique vehicle or hobby or special interest vehicle for which special license plates have been issued, the plates may be transferred to the

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purchaser or transferee upon paying $5.00 to the commissioner. (f) Any vehicle for which an antique vehicle or hobby or special interest vehicle license plate has been issued pursuant to this Code section may be operated upon the roadways of this state in the same manner and under the same conditions as any vehicle bearing a regular Georgia license plate. No owner of such antique vehicle or hobby or special interest vehicle shall be required to obtain any special permits for its operation on the roads of this state. Section 2. Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles and mobile homes, is amended by striking Code Section 48-5-440, relating to definitions, in its entirety and inserting in lieu thereof the following: 48-5-440. As used in this article, the term: (1) `Antique or hobby or special interest motor vehicle' means a motor vehicle which is 25 years old or older as indicated by the model year or a motor vehicle which has been designed and manufactured to resemble an antique or historical vehicle. (2) `Driver educational motor vehicle' means a motor vehicle which is furnished and assigned to a public school in this state for use by the school in a program of driver education when the assignment is authorized and approved by the local board of education. (3) `Mobile homes' means manufactured homes and relocatable homes as defined in Part 2 of Article 2 of Chapter 2 of Title 8. Any mobile home which qualifies the taxpayer for a homestead exemption under the laws of this state shall not be considered a mobile home nor subject to this article. (4) `Motor vehicle' means a vehicle which is designed primarily for use upon the public roads. Such term shall not include heavy-duty equipment as defined

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in paragraph (2) of Code Section 48-5-500 which is owned by a nonresident and operated in this state. Section 3. Said article is further amended by striking Code Section 48-5-442, relating to uniform evaluation of motor vehicles and mobile homes, in its entirety and inserting in lieu thereof the following: 48-5-442. (a) The commissioner shall prepare annually and distribute to each of the tax collectors and tax commissioners both a uniform evaluation of all motor vehicles for use as the taxable value of the motor vehicles and uniform procedures for the evaluation of all mobile homes subject to this article. (b) Notwithstanding subsection (a) of this Code section, all antique and hobby or special interest motor vehicles, as defined in Code Section 48-5-440, shall, notwithstanding true fair market value if any, be deemed by the commissioner to have a fair market value of $100.00 in the uniform evaluation prepared and distributed annually by the commissioner. Section 4. Said article is further amended by striking Code Section 48-5-473, relating to returns of motor vehicles for taxation, in its entirety and inserting in lieu thereof the following: 48-5-473. (a) Each year every owner of a motor vehicle subject to taxation under this article shall return the motor vehicle for taxation and pay the taxes due on the motor vehicle at the time the owner applies for registration of the motor vehicle and for the purchase of a license plate for the motor vehicle or at the time of the first sale or transfer of the motor vehicle after December 31 or on May 1, whichever occurs first. If the owner of a motor vehicle returns the motor vehicle for taxation prior to the date that the application for the purchase of a license plate is required, the owner shall apply for the purchase of the license plate at the time of return of the motor vehicle for taxation. If no license plate is required for the motor vehicle, the owner shall nevertheless return the motor vehicle for taxation as provided for in this Code section, but no license plate need be purchased. Except

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as provided for in Code Section 48-5-450 and except for motor vehicles excluded pursuant to Code Section 48-5-472, no license plate for any motor vehicle shall be issued by the tax collector or tax commissioner until all ad valorem taxes due on the motor vehicle have been paid. (b) Notwithstanding subsection (a) of this Code section, in the case of an antique or hobby or special interest motor vehicle, as defined in Code Section 48-5-440, the owner or owners shall certify at the time of returning the antique or hobby or special interest motor vehicle for taxation, paying the taxes due on the motor vehicle, and purchasing a license plate for the motor vehicle or at the time of the first sale or transfer of the motor vehicle after December 31 or on May 1, whichever comes first, that the vehicle is an antique or hobby or special interest motor vehicle as defined in Code Section 48-5-440, and, upon said certification, said vehicle shall be registered and a license plate issued with the imposition of an ad valorem tax based on $100.00 valuation. Section 5. This Act shall become effective on January 1, 1994. Section 6. All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1993.

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NORTH GEORGIA MOUNTAINS AUTHORITY MEMBERS OF BOARD OF NATURAL RESOURCES; AUTHORITY OF THE AUTHORITY. Code Title 12, Chapter 3, Article 7, Part 2 Amended. No. 579 (House Bill No. 651). AN ACT To amend Part 2 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the North Georgia Mountains Authority, so as to provide that the members of such authority shall be the members of the Board of Natural Resources; to authorize the authority to purchase or lease property; to authorize the authority to foster and promote privatization of state owned facilities; to authorize the authority to encumber its real property; to authorize the authority to borrow money; to authorize the authority under certain conditions to sell or dispense alcohol and alcoholic beverages on property owned or under the control of the authority; to provide that the Governor is authorized to lease state lands to the authority; to repeal the limitation on to whom the authority may sell bonds; to exempt the offer, sale, and issuance of such bonds from certain statutes; to provide that the authority shall not incur any indebtedness without the prior approval of the Georgia State Financing and Investment Commission; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Part 2 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the North Georgia Mountains Authority, is amended by striking in its entirety subsection (a) of Code Section 12-3-292, relating to the membership of the North Georgia Mountains Authority, and inserting in lieu thereof the following: (a) The authority shall consist of the same persons who comprise the Board of Natural Resources.

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Section 2. Said part is further amended by striking in their entireties paragraphs (2), (5), (6), and (14) of Code Section 12-3-294, relating to powers of the authority, and inserting in lieu thereof the following: (2) To acquire real and personal property of every kind and character by purchase or otherwise and to hold such property; to mortgage, hypothecate, or otherwise encumber its real and personal property for its corporate purposes; to grant a security interest by deed, financing statement, or bill of sale; and to construct a project on lands held by the state; (5) To make contracts, and to execute all instruments necessary or convenient, including contracts to borrow money; contracts for mortgages, security deeds, or other security interests; contracts for the construction of projects; and contracts with respect to the leasing or use of projects which it caused to be subdivided, erected, or acquired or which it constructs or manages pursuant to an agreement with the state; (6) To plan, survey, subdivide, improve, administer, construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects as defined in Code Section 12-3-291, to be located on property owned or leased by the authority or the state, and the cost of any such project may be paid in whole or in part from funds of or available to the authority, including but not limited to borrowed money; income; the proceeds of revenue bonds of the authority; and any grant from the United States of America or any agency or instrumentality thereof or from the State of Georgia; (14) To hold, use, administer, and expend such sum or sums as may hereafter be received from any source, including income or gifts, for any of the purposes of this authority; (14.1) To do any other things necessary or proper to foster and promote the involvement of private persons, firms, corporations, and partnerships in the development, construction, operation, and management of the authority's projects

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or projects which it manages pursuant to an agreement with the state, including but not limited to the entering into of contracts with such private entities for the development, construction, operation, and management of said projects for and on behalf of the authority; Section 3. Said part is further amended by striking and at the end of paragraph (16), by substituting ; and for the period at the end of paragraph (17), and by adding at the end of said Code Section 12-3-294 the following: (18) Subject to the provisions of Title 3 and a referendum as required by Title 3, to sell or dispense or to permit others to sell or dispense alcoholic beverages within or upon property or facilities owned, operated, managed, used, or controlled by the authority for consumption on the premises; provided, however, that the authority shall not sell or dispense alcoholic beverages in unbroken containers to be carried off of the premises. The authority shall determine and regulate by resolution, as it may amend from time to time, the conditions under which such sales or dispensing of alcoholic beverages for consumption on the premises shall be made or shall be permitted. Section 4. Said part is further amended by striking in its entirety Code Section 12-3-297, relating to the sale of revenue bonds to the United States government, the state, a state agency, or a political subdivision of the state, which reads as follows: 12-3-297. The authority shall have the power and is authorized to issue revenue bonds which may be sold only to the United States government or an agency or subdivision thereof or to the State of Georgia or an agency or subdivision thereof. Such bonds shall be issued pursuant to Code Section 12-3-298., and inserting in lieu thereof the following: 12-3-297. The Governor is authorized to execute for and on behalf of the state a lease of lands owned by the

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state, or any part or parcel thereof, to the authority for a period not to exceed 50 years. Section 5. Said part is further amended by inserting at the end of Code Section 12-3-298, relating to bonds for paying for costs of projects, the following: (p) The offer, sale, or issuance of bonds, notes, or obligations by the authority shall not be subject to the provisions of Chapter 5 of Title 10, the `Georgia Securities Act of 1973.' Section 6. Said part is further amended by inserting at the end thereof the following: 12-3-300. Any other provision of this part to the contrary notwithstanding, the authority shall not incur any debt of any kind, whether through contract, mortgage, or otherwise, or encumber any real or personal property in any manner unless such action has been approved in advance, in writing, by the Georgia State Financing and Investment Commission as defined by Article VII, Section IV, Paragraph VII of the Constitution and Article 2 of Chapter 17 of Title 50, the `Georgia State Financing and Investment Commission Act.' 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 28, 1993.

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EDUCATION LOCAL BOARDS OF EDUCATION; BUSINESS WITH FINANCIAL INSTITUTIONS. Code Section 20-2-505.1 Enacted. No. 580 (House Bill No. 737). AN ACT To amend Article 10 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to contracts by public schools, so as to authorize local boards of education to transact business with certain financial institutions notwithstanding certain relationships between members of the board and such financial institutions; to provide for immunity from liability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 10 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to contracts by public schools, is amended by adding after Code Section 20-2-505 the following Code section: 20-2-505.1. A local board of education having any member thereof who is an employee, stockholder, director, or officer of a bank or similar financial institution shall nevertheless be authorized to transact business with such bank or financial institution without the board or member thereby incurring any criminal liability therefor, as long as such member owns less than 30 percent of the stock or other ownership interest in such bank or financial institution. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1993.

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SHERIFFS DUTIES, POWERS, AND ARREST AUTHORITY WITHIN CITY LIMITS. Code Sections 15-16-10 and 15-16-13 Amended. No. 581 (House Bill No. 936). AN ACT To amend Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to sheriffs, so as to change the provisions relating to the duties of sheriffs; to provide that sheriffs shall have the same duties, powers, and arrest authority within municipalities which such officers have in unincorporated areas of counties; to provide that the duties, powers, and arrest authority of sheriffs shall not be limited, impaired, or affected in any way upon a sheriff and a municipality entering into a contract for the sheriff to provide additional duties or services to a municipality; to change the provisions relating to the authorization for the sheriff to contract with municipalities to provide law enforcement services; to provide that nothing in this Act shall be construed so as to limit, affect, diminish, or impair the rights, powers, or duties of any county or municipal police department as set forth in Code Section 36-8-5 or any other law creating or authorizing the creation of a municipal police 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. Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to sheriffs, is amended by striking in their entirety paragraphs (7) and (8) at the end of subsection (a) of Code Section 15-16-10, relating to duties of sheriffs and penalties, and inserting in lieu thereof the following: (7) To receive from the preceding sheriff all unexecuted writs and processes and proceed to execute the same; to carry into effect any levy or arrest made by a predecessor; to put purchasers into possession, and to make titles to purchasers

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at his or her predecessor's sales, when not done by his or her predecessor; (8) To perform such other duties as are or may be imposed by law or which necessarily appertain to his or her office; and (9) To exercise the same duties, powers, and arrest authority within municipalities which such officer exercises in the unincorporated areas of counties. Section 2. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 15-16-13, relating to authorization for the sheriff to contract with municipalities to provide law enforcement services, and inserting in lieu thereof a new subsection (b) to read as follows: (b) Any contract authorized by this Code section shall not affect, impair, or limit the authority or powers of the municipal corporation or of the sheriff except as otherwise specified in the contract. Sheriffs shall have the same duties, powers, and arrest authority within municipalities which such officers have in unincorporated areas of counties. The duties, powers, and arrest authority of sheriffs shall not be limited, impaired, or affected in any way upon a sheriff and a municipality entering into a contract for the sheriff to provide additional duties or services to a municipality. Nothing in this Code section shall be construed so as to limit, affect, diminish, or impair the rights, powers, or duties of any county or municipal police department as set forth in Code Section 36-8-5 or any law creating or authorizing the creation of a municipal police department. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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Section 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1993. RETIREMENT DISCRETIONARY POSTRETIREMENT BENEFIT INCREASES SUBJECT TO LEGISLATIVE REDUCTION; EXPENSE ALLOWANCES FOR TRUSTEES OF EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA AND TEACHERS RETIREMENT SYSTEM OF GEORGIA; MEMBERSHIP AFTER RETIREMENT AND REHIRE. Code Sections 47-2-21, 47-3-21, and 47-3-60 Amended. Code Section 47-1-31 Enacted. No. 582 (House Bill No. 781). AN ACT To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide that discretional postretirement benefit increases granted by the board of trustees of any public retirement system shall be subject to change by subsequent legislation; to provide that certain members of the boards of trustees of certain retirement systems shall be entitled to receive a certain per diem allowance; to provide that certain persons who retire under the one retirement system and are subsequently rehired by the same employer shall be required to remain under such retirement system; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended by inserting immediately following Code Section 47-1-30 the following:

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47-1-31. Any other provision of this title to the contrary notwithstanding, any discretionary postretirement benefit increase granted on or after July 1, 1993, by the board of trustees of any public retirement system pursuant to the authority to grant such increases within the limits of actuarial soundness granted by general law shall be subject to reduction by subsequent legislation and shall not be considered an element of any contract of employment. Section 2. Said title is further amended by striking in its entirety subsection (d) of Code Section 47-2-21, relating to the powers and duties of the board of trustees of the Employees' Retirement System of Georgia, which reads as follows: (d) The trustees in state employment shall serve without compensation but shall be reimbursed from the expense fund for all necessary expenses that they may incur in the performance of their duties. The board of trustees shall establish an expense allowance payable monthly from the same fund to those trustees not in state employment., and inserting in lieu thereof the following: (d) The trustees may receive the daily expense allowance authorized for members of the General Assembly for each day spent attending meetings of the board of trustees and any committee meetings called pursuant to authorization of the board of trustees and for time spent in necessary travel. In addition to such amount, the trustees shall be reimbursed for all actual travel and other expenses necessarily incurred through service on the board of trustees. State officials serving ex officio shall not receive the daily expense allowance but shall be entitled to reimbursement of actual expenses. Section 3. Said title is further amended by striking in its entirety subsection (c) of Code Section 47-3-21, relating to the creation of and membership on the board of trustees of the Teachers Retirement System of Georgia, and inserting in lieu thereof the following:

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(c) The trustees shall each receive the daily expense allowance authorized for members of the General Assembly for each day spent attending meetings of the board of trustees, any committee meetings called pursuant to authorization of the board of trustees, and for time spent in necessary travel. In addition to such per diem, the trustees shall be reimbursed for all actual traveling and other expenses necessarily incurred through service on the board of trustees. State officials serving ex officio shall receive no per diem but shall only be entitled to reimbursement of actual expenses. Section 4. Said title is further amended by inserting at the end of Code Section 47-3-60, relating to membership in the Teachers Retirement System of Georgia, the following: (m) Any other provision of law to the contrary notwithstanding, any person who is entitled pursuant to the provisions of this article to make an election between membership in this retirement system and membership in any other retirement system and who subsequently retires and is rehired by the same employer which employed him or her immediately prior to retirement shall continue membership in the retirement system under which he or she initially retired and shall not be entitled to elect membership in any other retirement system. Section 5. All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1993.

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EDUCATION ENROLLMENT COUNTS; COURSES COUNTED. Code Section 20-2-160 Amended. No. 583 (House Bill No. 718). AN ACT To amend Code Section 20-2-160 of the Official Code of Georgia Annotated, relating to enrollment counts, so as to change which courses may be counted; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 20-2-160 of the Official Code of Georgia Annotated, relating to enrollment counts, is amended by striking subsection (a) and inserting the following: (a) The State Board of Education shall designate the specific dates upon which two counts of students enrolled in each instructional program authorized under this article shall be made each school year and by which the counts shall be reported to the Department of Education. The initial enrollment count shall be made after October 1 but prior to November 17 and the final enrollment count after March 1 but prior to May 1. The report shall indicate the student's specific assigned program for each one-sixth segment of the school day on the designated reporting date. No program shall be indicated for a student for any one-sixth segment of the school day that the student is assigned to a study hall; a noncredit course; a course recognized under this article or by state board policy as an enrichment course, except a driver education course; a course which requires participation in an extracurricular activity for which enrollment is on a competitive basis; a course in which the student serves as a student assistant to a teacher, in a school office, or in the media center, except when such placement is an approved work site of a recognized career or vocational program; an individual study course for which no outline of course objectives is prepared

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in writing prior to the beginning of the course; or any other course or activity so designated by the state board. For the purpose of this Code section, the term `enrichment course' means a course which does not dedicate a major portion of the class time toward the development and enhancement of one or more student competencies as adopted by the state board under Code Section 20-2-140. A program shall not be indicated for a student for any one-sixth segment of the school day for which the student is not enrolled in an instructional program or has not attended a class or classes within the preceding ten days; nor shall a program be indicated for a student for any one-sixth segment of the school day for which the student is charged tuition or fees or is required to provide materials or equipment beyond those authorized pursuant to Code Section 20-2-133. A student who is enrolled in an eligible institution under the program established in Code Section 20-2-161.1 may be counted for the high school program for only that portion of the day that the student is attending the high school for those segments that are eligible to be counted under this subsection. The state board shall adopt such regulations and criteria as necessary to ensure objective and true counts of students in state approved instructional programs. The state board shall also establish criteria by which students shall be counted as resident or nonresident students, including specific circumstances which may include, but not be limited to, students attending another local school system under court order or under the terms of a contract between two local school systems. If a local school system has a justifiable reason, it may seek authority from the state board to shift full-time equivalent program counts from the designated date to a requested alternate date. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1993.

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DOMESTIC RELATIONS CHILD ABUSE REPORTS; PUBLIC INSPECTION; CHILD FATALITY REVIEW SUBCOMMITTEES. Code Section 19-7-5 Amended. Code Title 19, Chapter 15 Amended. No. 584 (Senate Bill No. 1). AN ACT To amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to change certain provisions relating to definitions regarding child abuse reports; to change the conditions under which reports of child abuse are made to law enforcement authorities or district attorneys; to provide that such reports and information contained therein which become part of records compiled for law enforcement or prosecution purposes will not be subject to public inspection except under specified conditions; to provide for child fatality review subcommittees and their duties, meetings, organization, records, reports, disclosures, and liability; to change definitions; to provide for additional requirements for child abuse protocols and reports concerning compliance therewith; to change certain references from chairman to chairperson and certain pronouns; 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 subsections (b) and (e) of Code Section 19-7-5, relating to reports of child abuse, and inserting in their respective places the following subsections: (b) As used in this Code section, the term: (1) `Abused' means subjected to child abuse. (2) `Child' means any person under 18 years of age.

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(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 abuse of a child; or (D) Sexual exploitation of a child. (E) However, no child who in good faith is being treated solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof shall, for that reason alone, be considered to be an `abused' child. (3.1) `Sexual abuse' means a person's employing, using, persuading, inducing, enticing, or coercing any minor who is not that person's spouse to engage in any act which involves: (A) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex; (B) Bestiality; (C) Masturbation; (D) Lewd exhibition of the genitals or public area of any person; (E) Flagellation or torture by or upon a person who is nude;

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(F) Condition of being fettered, bound, or otherwise physically restrained on the part of a person who is nude; (G) Physical contact in an act of apparent sexual stimulation or gratification with any person's clothed or unclothed genitals, public area, or buttocks or with a female's clothed or unclothed breasts; (H) Defecation or urination for the purpose of sexual stimulation; or (I) Penetration of the vagina or rectum by any object except when done as part of a recognized medical procedure. `Sexual abuse' shall not include consensual sex acts involving persons of the opposite sex when the sex acts are between minors or between a minor and an adult who is not more than five years older than the minor. This provision shall not be deemed or construed to repeal any law concerning the age or capacity to consent. (4) `Sexual exploitation' means conduct by a child's parent or caretaker who allows, permits, encourages, or requires that child to engage in: (A) Prostitution, as defined in Code Section 16-6-9; or (B) Sexually explicit conduct for the purpose of producing any visual or print medium depicting such conduct, as defined in Code Section 16-12-100. (e) An oral report shall be made as soon as possible by telephone or otherwise and followed by a report in writing, if requested, to a child welfare agency providing protective services, as designated by the Department of Human Resources, or, in the absence of such agency, to an appropriate police authority or district attorney. If a report of child abuse is made to the child welfare agency or independently discovered by the agency, and the agency has reasonable cause to

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believe such report is true or the report contains any allegation or evidence of child abuse, then the agency shall immediately notify the appropriate police authority or district attorney. Such reports shall contain the names and addresses of the child and the child's parents or caretakers, if known, the child's age, the nature and extent of the child's injuries, including any evidence of previous injuries, and any other information that the reporting person believes might be helpful in establishing the cause of the injuries and the identity of the perpetrator. Photographs of the child's injuries to be used as documentation in support of allegations by hospital staff, physicians, law enforcement personnel, school officials, or staff of legally mandated public or private child protective agencies may be taken without the permission of the child's parent or guardian; provided, however, that any photograph taken pursuant to this Code section shall, if reasonably possible, be taken in a manner which shall not reveal the identity of the subject. Such photograph shall be made available as soon as possible to the chief welfare agency providing protective services and to the appropriate police authority. Section 1.1. Said title is further amended by adding at the end of said Code Section 19-7-5 the following: (i) A report of child abuse or information relating thereto and contained in such report, when provided to a law enforcement agency or district attorney pursuant to subsection (e) of this Code section or pursuant to Code Section 49-5-41, shall not be subject to public inspection under Article 4 of Chapter 18 of Title 50 even though such report or information is contained in or part of closed records compiled for law enforcement or prosecution purposes unless: (1) There is a criminal or civil court proceeding which has been initiated based in whole or in part upon the facts regarding abuse which are alleged in the child abuse reports and the person or entity seeking to inspect such records provides clear and convincing evidence of such proceeding; or (2) The superior court in the county in which is located the office of the law enforcement agency or district

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attorney which compiled the records containing such reports, 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 paragraph. When those records are located in more than one county, the application may be made to the superior court of any one of such counties. A copy of any application authorized by this paragraph shall be served on the office of the law enforcement agency or district attorney which compiled the records containing such reports. In cases where the location of the records is unknown to the applicant, the application may be made to the Superior Court of Fulton County. The superior court to which an application is made 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 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. Section 2. Said title is further amended by striking Chapter 15 thereof, relating to child abuse, and inserting in its place a new chapter to read as follows:

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CHAPTER 15 19-15-1. As used in this chapter, the term: (1) `Abused' means subjected to child abuse. (2) `Child' means any person under 18 years of age. (3) `Child abuse' means: (A) Physical injury or death inflicted upon a child by a parent or caretaker thereof by other than accidental means; provided, however, physical forms of discipline may be used as long as there is no physical injury to the child; (B) Neglect or exploitation of a child by a parent or caretaker thereof; (C) Sexual abuse of a child; or (D) Sexual exploitating 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 Abuse Prevention 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. (7.1) `Sexual abuse' means a person's employing, using, persuading, inducing, enticing, or coercing any minor

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who is not that person's spouse to engage in any act which involves: (A) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex; (B) Bestiality; (C) Masturbation; (D) Lewd exhibition of the genitals or pubic area of any person; (E) Flagellation or torture by or upon a person who is nude; (F) Condition of being fettered, bound, or otherwise physically restrained on the part of a person who is nude; (G) Physical contact in an act of apparent sexual stimulation or gratification with any person's clothed or unclothed genitals, pubic area, or buttocks or with a female's clothed or unclothed breasts; (H) Defecation or urination for the purpose of sexual stimulation; or (I) Penetration of the vagina or rectum by any object except when done as part of a recognized medical procedure. `Sexual abuse' shall not include consensual sex acts involving persons of the opposite sex when the sex acts are between minors or between a minor and an adult who is not more than five years older than the minor. This provision shall not be deemed or construed to repeal any law concerning the age or capacity to consent.

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(8) `Sexual exploitation' means conduct by a child's parent or caretaker who allows, permits, encourages, or requires that child to engage in: (A) Prostitution, as defined in Code Section 16-6-9; or (B) Sexually explicit conduct for the purpose of producing any visual or print medium depicting such conduct, as defined in Code Section 16-12-100. (9) `Subcommittee' means the child fatality review subcommittee established pursuant to Code Section 19-15-3. 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;

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(G) The county mental health organization; (H) The office of the chief of police of a county in counties which have a county police department; (I) The office of the chief of police of the largest municipality in the county; (J) The county board of health, which shall designate a physician to serve on the committee; and (K) The office of the coroner or county medical examiner. (2) In addition to the representatives serving on the committee as provided for in paragraph (1) of this subsection, the chief superior court judge shall designate a representative from a local citizen or advocacy group which focuses on child abuse awareness and prevention. (d) Each committee shall elect or appoint a chairperson who shall convene the first meeting and be responsible for ensuring that written protocol procedures are followed by all agencies. That person can be independent of agencies listed in paragraph (1) of subsection (c) of this Code section. 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.

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(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 shall meet at least semiannually for the purpose of evaluating the effectiveness of the protocol and appropriately modifying and updating same. (h) Each committee shall adopt or amend its written child abuse protocol no later than December 1, 1993, to specify the circumstances under which law enforcement officers will and will not be required to accompany child abuse investigators from the county department of family and children services when these investigators investigate reports of child abuse. In determining when law enforcement officers shall and shall not accompany child abuse investigators, the committee shall consider the need to protect the alleged victim and the need to preserve the confidentiality of the report. Each committee shall establish joint work efforts between the law enforcement and child abuse investigative agencies in child abuse investigations. The adoption or amendment of the protocol shall also describe measures which can be taken within the county to prevent child abuse and shall be filed with and furnished to the same entities with or to which an original protocol is required to be filed or furnished. The protocol will be further amended to specify procedures to be adopted by the committee to ensure that written protocol procedures are followed. The committee shall meet at least semi-annually and shall issue a report no later than the first day of July in 1994 and no later than the first day of July each year thereafter. That report shall evaluate the extent to which child abuse investigations during the 12 months prior to the report have complied with the child abuse protocols of the committee, recommend measures to improve compliance, and describe which measures taken within the county to prevent child abuse have been successful. The report shall be

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transmitted to the county governing authority and the fall term grand jury of the judicial circuit. (i) Within 12 months after this subsection becomes effective, members of each committee shall receive appropriate training. As new members are appointed, they will also receive training within 12 months after their appointment. The Department of Human Resources shall provide such training. 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. (b) The chairperson for each committee shall establish a subcommittee composed of members of the committee. The subcommittee shall be the child fatality review subcommittee for that committee. When a committee receives a report pursuant to subsection (a) of this Code section, the chairperson of the committee shall assign that report to the child fatality review subcommittee of that committee. That subcommittee 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 subcommittee 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 subcommittee'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 subcommittee 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 subcommittee's report shall be completed within 20 days, Saturdays, Sundays, and holidays excluded, following the first meeting of the subcommittee held after the committee

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received the medical examiner's report. The subcommittee'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. (c) The subcommittee shall transmit a copy of its report within 15 days following its completion to the Department of Human Resources and to the panel. The subcommittee shall also transmit a copy of its report within 15 daysfollowing 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;

Page 1707

(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. (d) Each subcommittee of a committee shall issue an annual report no later than the first day of July in 1994 and in each year thereafter. The report shall specify the numbers of reports received by that committee from a medical examiner pursuant to subsection (a) of this Code section for the 12 month period prior to the issuance of the report and the number of reports of death investigations prepared by the subcommittee during such period. The annual report shall be published at least once in the legal organ of the county for which the committee was established with the expense of such publication paid by such county. No later than the fifteenth day of July in 1994 and in each year thereafter a copy of that annual report shall also be transmitted to the judiciary committees of the House and Senate. 19-15-4. (a) There is created the State-wide Child Abuse Prevention 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 chairperson 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 chairperson of the Board of Human Resources shall serve as chairperson of the panel. The panel shall meet yearly to review the reports of subcommittees and shall meet when requested to do so by the Governor. The chairperson

Page 1709

shall review each report submitted to the panel by a subcommittee and may call a special meeting of the panel to review any report when the chairperson has concluded the report warrants expedited review and has been requested by the submitting subcommittee 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 subcommittees 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 or subcommittee 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; and (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

Page 1710

of abuse upon the child is not disclosed during such meetings or proceedings, but the panel is authorized to close such meeting to the public when such identifying information is required to be disclosed to members of the panel in order for the panel to carry out its duties. 19-15-6. (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 a committee, a subcommittee, or the panel. (b) Notwithstanding any other provision of law to the contrary, reports of a subcommittee 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 subcommittee 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 subcommittee 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, a subcommittee, 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, a subcommittee, or the panel or who is a member of any such 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

Page 1711

result of serving as a member of any such body. This subsection shall not be construed to prohibit any person from testifying regarding information obtained independently of a committee, a subcommittee, or the panel. In any proceeding in which testimony of such a member is offered the court shall first determine the source of such witness's knowledge. (f) Except as otherwise provided in this Code section, information acquired by and records of a committee, a subcommittee, 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, a subcommittee, 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. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1993.

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CHILD ABUSE REPORTS EXEMPTION FOR GOOD FAITH PRAYER TREATMENT; SEXUAL ABUSE DEFINED; ACCESS TO REPORTS FOR LAW ENFORCEMENT AGENCIES, MEDICAL EXAMINERS, CHILD ABUSE PROTOCOL COMMITTEES, FOSTER PARENTS, GOVERNOR, ATTORNEY GENERAL, LIEUTENANT GOVERNOR, SPEAKER OF HOUSE. Code Sections 49-5-40 and 49-5-41 Amended. No. 585 (Senate Bill No. 2). AN ACT To amend Article 2 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to reports of child abuse, so as to change the provisions relating to definitions; to change which persons or entities may have such access and the conditions thereof; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 2 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to reports of child abuse, is amended by striking subsection (a) of Code Section 49-5-40, relating to definitions, and inserting the following subsection: (a) As used in this article, the term: (1) `Abused' means subjected to child abuse. (2) `Child' means any person under 18 years of age. (3) `Child abuse' means: (A) Physical injury or death inflicted upon a child by a parent or caretaker thereof by other than accidental means; provided, however, physical forms

Page 1713

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 abuse of a child; (D) Sexual exploitation of a child; or (E) However, no child who in good faith is being treated solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof shall, for that reason alone, be considered to be an `abused' child. (3.1) `Sexual abuse' means a person's employing, using, persuading, inducing, enticing, or coercing any minor who is not that person's spouse to engage in any act which involves: (A) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex; (B) Bestiality; (C) Masturbation; (D) Lewd exhibition of the genitals or pubic area of any person; (E) Flagellation or torture by or upon a person who is nude; (F) Condition of being fettered, bound, or otherwise physically restrained on the part of a person who is nude; (G) Physical contact in an act of apparent sexual stimulation or gratification with any person's

Page 1714

clothed or unclothed genitals, public area, or buttocks or with a female's clothed or unclothed breasts; (H) Defecation or urination for the purpose of sexual stimulation; or (I) Penetration of the vagina or rectum by any object except when done as part of a recognized medical procedure. `Sexual abuse' shall not include consensual sex acts involving persons of the opposite sex when the sex acts are between minors or between a minor and an adult who is not more than five years older than the minor. This provision shall not be deemed or construed to repeal any law concerning the age or capacity to consent. (4) `Sexual exploitation' means conduct by a child's parent or caretaker who allows, permits, encourages, or requires that child to engage in: (A) Prostitution, as defined in Code Section 16-6-9; or (B) Sexually explicit conduct for the purpose of producing any visual or print medium depicting such conduct, as defined in Code Section 16-12-100. Section 2. Said article is further amended by striking from subsection (a) of Code Section 49-5-41, relating to access to reports of child abuse, ; and at the end of paragraph (6) and inserting a semicolon in its place, by striking the period at the end of paragraph (7) and inserting a semicolon in its place, and by adding immediately thereafter the following: (8) Police or any other law enforcement agency of this state or any other state or any medical examiner or coroner investigating a report of known or suspected abuse or any child abuse protocol committee or subcommittee thereof created pursuant to Chapter 15 of Title 19, it being found by the General Assembly that the disclosure of such information is necessary in order for such entities to carry out their

Page 1715

legal responsibilities to protect children from abuse and neglect, which protective actions include bringing criminal actions for such abuse or neglect, and that such disclosure is therefore permissible and encouraged under the 1992 amendments to Section 107(b)(4) of the Child Abuse Prevention and Treatment Act, 42 U.S.C. Section 5106(A)(b)(4); (9) Any foster parent with whom a child protective agency has currently placed or is considering placing a child who is not such foster parent's biological or adopted child, but such access shall be limited to records concerning reports of abuse of only such child; and (10) The Governor, the Attorney General, the Lieutenant Governor or the Speaker of the House of Representatives when such officer makes a written request to the commissioner of the department which specifies the name of the child for which such access is sought and which describes such officer's need to have access to such records in order to determine whether the laws of this state are being complied with to protect children from abuse and neglect and whether such laws need to be changed to enhance such protection, for which purposes the General Assembly finds such disclosure is permissible and encouraged under the 1992 amendments to Section 107(b)(4) of the Child Abuse Prevention and Treatment Act, 42 U.S.C. Section 5106(A)(b)(4)., and by striking paragraph (2) of subsection (c) thereof and inserting in its place a new paragraph (2) to read as follows: (2) Reserved;. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1993.

Page 1716

JUVENILE COURTS PROCEEDINGS; DISPOSITION ORDERS AND TEMPORARY TRANSFERS OF CUSTODY; EVIDENCE OF ACTS OF FAMILY VIOLENCE. Code Sections 15-11-34 and 16-3-21 Amended. No. 586 (Senate Bill No. 3). AN ACT To amend various provisions of the Official Code of Georgia Annotated relating to safety, health, and welfare of the public and of minors and children in particular; to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile court proceedings, so as to change provisions relating to disposition orders and temporary transfers of custody of children found to be deprived; to provide for retransfers of custody under certain circumstances; to provide for orders regarding child placement and custody; to amend Code Section 16-3-21 of the Official Code of Georgia Annotated, relating to the use of force in the defense of self or others, so as to provide for offering certain expert testimony and evidence of certain defendants' having been victims of certain acts of family violence or child abuse committed by a deceased person; 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 court proceedings, is amended by striking Code Section 15-11-34, relating to disposition of deprived children, and inserting in its place a new Code section to read as follows: 15-11-34. (a) If the child is found to be a deprived child, the court may make any of the following orders of disposition best suited to the protection and physical, mental, and moral welfare of the child: (1) Permit the child to remain with his or her parents, guardian, or other custodian, including a putative

Page 1717

father, subject to conditions and limitations as the court prescribes, including supervision as directed by the court for the protection of the child; (2) Subject to conditions and limitations as the court prescribes, transfer temporary legal custody to any of the persons or entities described in this paragraph. Without limiting the generality of the foregoing, such conditions and limitations shall include a provision that the court shall approve or direct the retransfer of the physical custody of the child back to the parents, guardian, or other custodian either upon the occurrence of specified circumstances or in the discretion of the court. Any such retransfer of physical custody may be made subject to such further conditions and limitations as the court prescribes, including supervision for the protection of the child. The persons or entities to whom or which temporary legal custody may be transferred shall include the following: (A) Any individual including a putative father who, after study by the probation officer or other person or agency designated by the court, is found by the court to be qualified to receive and care for the child; (B) An agency or other private organization licensed or otherwise authorized by law to receive and provide care for the child; (C) Any public agency authorized by law to receive and provide care for the child; or (D) An individual in another state with or without supervision by an appropriate officer under Code Section 15-11-46; or (3) Without making any of the orders specified in paragraphs (1) and (2) of this subsection, transfer custody of the child to the court of another state exercising jurisdiction over juveniles if authorized by and in accordance

Page 1718

with Code Section 15-11-44 if the child is or is about to become a resident of that state. (b) Unless a child found to be deprived is found also to be delinquent, such child shall not be committed to or confined in an institution or other facility designed or operated for the benefit of delinquent children. (c) Notwithstanding any other provision of law, the court after transferring temporary legal custody of a child to the Division of Family and Children Services within the Department of Human Resources may at any time conduct sua sponte a judicial review of the current placement plan being provided to said child. After its review the court may order the division to comply with the current placement plan, order the division to devise a new placement plan within available division resources, or make any other order relative to placement or custody outside the Department of Human Resources as the court finds to be in the best interest of the child. Placement or a change of custody by the court outside the Department of Human Resources shall relieve the department of further responsibility for the child so placed. (d) A juvenile court shall not be required to make an order of disposition pursuant to this Code section regarding a child who is discharged from a facility in which the child was hospitalized or habilitated pursuant to Chapter 3, 4, or 7 of Title 37 unless the child is to be discharged into the physical custody of any person who had such custody when the court made its most recent finding that such child was deprived. Section 2. Code Section 16-3-21 of the Official Code of Georgia Annotated, relating to use of force in defense of self or others, is amended by adding at the end a new subsection to read as follows: (d) In a prosecution for murder or manslaughter, if a defendant raises as a defense a justification provided by subsection (a) of this Code section, the defendant, in order to establish the defendant's reasonable belief that the use of

Page 1719

force or deadly force was immediately necessary, may be permitted to offer: (1) Relevant evidence that the defendant had been the victim of acts of family violence or child abuse committed by the deceased, as such acts are described in Code Sections 19-13-1 and 19-15-1, respectively; and (2) Relevant expert testimony regarding the condition of the mind of the defendant at the time of the offense, including those relevant facts and circumstances relating to the family violence or child abuse that are the bases of the expert's opinion. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1993. CHIROPRACTORS HOT AND COLD PACKS; NONPRESCRIPTION STRUCTURAL SUPPORTS. Code Section 43-9-16 Amended. No. 587 (Senate Bill No. 61). AN ACT To amend Code Section 43-9-16 of the Official Code of Georgia Annotated, relating to the scope of practice of chiropractors, so as to provide that chiropractors may utilize and recommend hot and cold packs and structural supports; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 1720

Section 1. Code Section 43-9-16 of the Official Code of Georgia Annotated, relating to the scope of practice of chiropractors, is amended by striking subsection (b) of said Code section in its entirety and inserting in lieu thereof the following: (b) The chiropractic adjustment of the articulations of the human body may include manual adjustments and adjustments by means of electrical and mechanical devices which produce traction or vibration. Chiropractors who have complied with this chapter may also use in conjunction with adjustments of the spinal structures electrical therapeutic modalities which induce heat or electrical current beneath the skin, including therapeutic ultrasound, galvanism, microwave, diathermy, and electromuscular stimulation. Chiropractors who have complied with this chapter may utilize and recommend hot and cold packs and nonprescription, over the counter structural supports for the articulations of the human body which are commonly available through retail pharmacy outlets; provided, however, the same shall not be construed to allow chiropractors to treat patients outside the scope of practice of chiropractic as set forth in this chapter. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1993.

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INSURANCE INSURERS; CERTIFICATES OR INSTRUMENTS OF SECURITIES; RULES OF THE COMMISSIONER OF INSURANCE. Code Sections 33-11-10, 33-12-4, 33-24-3, 33-24-6, 33-27-1, and 33-27-3 Amended. No. 588 (Senate Bill No. 133). AN ACT To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to allow an insurer to hold securities which are not evidenced by certificates or instruments if held in accordance with rules of the Commissioner; to authorize regulations regarding book-entry securities held by insurers; to provide that with respect to life insurance policies provided by certain corporations or trusts, the term employee shall include directors, officers, employees, retired employees, and dependents of such persons; to provide a description of certain special employee groups and allow policies of group life insurance to be issued to such groups; to provide that certain corporations or the trustees of certain trusts may designate the beneficiary under certain types of group life insurance policies; to provide for the applicability of requirements to certain types of group life insurance policies issued to corporations or trusts; to provide for editorial revision; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking Code Section 33-11-10, relating to investments in securities issued by the United States Treasury, and inserting in its place a new Code Section 33-11-10 to read as follows: 33-11-10. Notwithstanding any other provisions of this title which might be construed to the contrary, nothing contained in this title shall be deemed to prohibit an insurer from investing its funds in or holding or owning as admitted assets securities which are not evidenced by certificates or

Page 1722

instruments and related records issued to the insurer if held in accordance with the rules and regulations prescribed by the Commissioner and such securities are otherwise eligible for investment under this title. Section 2. Said title is further amended by adding at the end of Code Section 33-12-4, relating to the designation of trust companies as depositories, a new subsection (c) to read as follows: (c) The Commissioner may by rule or regulation prescribe the methods by which book-entry securities may be accepted as securities required or permitted by law. Section 3. Said title is further amended by striking subsection (c) of Code Section 33-24-3, relating to insurable interest in policies of personal insurance, in its entirety and inserting in its place 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 or her at the time of his or her 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, retired employees, or their dependents or beneficiaries has an insurable interest in the lives of employees for whom such

Page 1723

benefits are to be provided. As used in this subsection, the term `employee' shall include any and all directors, officers, employees, retired employees, or the dependents of such persons. Section 4. Said title is further amended by adding at the end of Code Section 33-24-6, relating to the consent of the insured to the insurance contract, a new subsection (d) to read as follows: (d) As used in paragraphs (4) and (5) of subsection (a) of this Code section, the term `employee' shall include any and all directors, officers, employees, retired employees, or the dependents of such persons. Section 5. Said title is further amended by adding at the end of Code Section 33-27-1, relating to group requirements generally, a new paragraph (9) to read as follows: (9) SPECIAL EMPLOYEE GROUPS. A corporation or a trustee of a trust established by a corporation which has an insurable interest in employees pursuant to subsection (c) of Code Section 33-24-3 and authority to effectuate insurance on employees pursuant to paragraph (4) or (5) of Code Section 33-24-6 may establish an employee group to effectuate group life insurance policies on employees when such corporation or trustee of a trust is providing life, health, disability, retirement, or similar benefits to employees, provided that the premium for such group policies is wholly paid by the corporation or trustee of the trust and the proceeds of such policies are used to provide supplemental funding for such employee benefit plans. Section 6. Said title is further amended by striking subsection (a) of Code Section 33-27-3, relating to required provisions of group life insurance policies, and inserting in its place a new subsection (a) to read as follows: (a) No policy of group insurance shall be delivered in this state unless it contains in substance the following provisions or provisions which in the opinion of the Commissioner are more favorable to the persons insured or at least as

Page 1724

favorable to the persons insured and more favorable to the policyholder: (1) A provision that the policyholder is entitled to a grace period of not less than 31 days for the payment of any premium due except the first, during which grace period the death benefit coverage shall continue in force, unless the policyholder shall have given the insurer written notice of discontinuance in advance of the date of discontinuance and in accordance with the terms of the policy. The policy may provide that the policyholder shall be liable to the insurer for the payment of a pro rata premium for the time the policy was in force during such grace period; (2) A provision that the validity of the policy shall not be contested, except for nonpayment of premiums, after it has been in force for two years from its date of issue and that no statement made by any person insured under the policy relating to his or her insurability shall be used in contesting the validity of the insurance, with respect to which the statement was made, after the insurance has been in force prior to the contest for a period of two years during such person's lifetime nor unless it is contained in a written instrument signed by him or her; (3) A provision that a copy of the application, if any, of the policyholder shall be attached to the policy when issued, that all statements made by the policyholder or by the persons insured shall be deemed representations and not warranties, and that no statement made by any person insured shall be used in any contest unless a copy of the instrument containing the statement is or has been furnished to the person or to his or her beneficiary; (4) A provision setting forth the conditions, if any, under which the insurer reserves the right to require a person eligible for insurance to furnish evidence of individual insurability satisfactory to the insurer as a condition to part or all of his or her coverage;

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(5) A provision specifying an equitable adjustment of premiums or of benefits or of both to be made in the event the age of a person insured has been misstated, such provision to contain a clear statement of the method of adjustment to be used; (6) A provision that any sum becoming due by reason of the death of the person insured shall be payable to the beneficiary designated by the person insured, except as otherwise provided in paragraph (11) of this subsection, subject to the provisions of the policy, in the event there is no designated beneficiary living at the death of the person insured, as to all or any part of such sum and subject to any right reserved by the insurer in the policy and set forth in the certificate to pay at its option a part of such sum not exceeding $500.00 to any person appearing to the insurer to be entitled equitably thereto by reason of having incurred funeral or other expenses incident to the last illness or death of the person insured; (7) A provision that the insurer will issue to the policyholder for delivery to each person insured an individual certificate setting forth a statement as to the insurance protection to which he or she is entitled, the person to whom the insurance benefits are payable, and the rights and conditions set forth in paragraphs (8) through (10) of this subsection; (8) A provision that, if the insurance or any portion of it on a person covered under the policy other than the child of an employee insured pursuant to Code Section 33-27-2 ceases because of termination of employment or of membership in the class or classes eligible for coverage under the policy, the person shall be entitled to have issued to him or her by the insurer without evidence of insurability an individual policy of life insurance without disability or other supplementary benefits. Application for the individual policy shall be made and the first premium paid to the insurer within 31 days after termination of employment or of membership in the class or classes eligible for coverage under the policy. The individual policy shall at the option of the person be on any one of

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the forms, except term insurance, then customarily issued by the insurer at the age and for the amount applied for. The individual policy shall be in an amount not in excess of the amount of life insurance which ceases because of the termination, less the amount of any life insurance for which such person is or becomes eligible within 31 days after termination under the same or any other group policy, provided that any amount of insurance which shall have matured on or before the date of the termination as an endowment payable to the person insured, whether in one sum or in installments or in the form of an annuity, shall not for the purposes of this paragraph be included in the amount which is considered to cease because of such termination. The premium on the individual policy shall be at the insurer's then customary rate applicable to the form and amount of the individual policy, to the class of risk to which such person then belongs, and to his or her age attained on the effective date of the individual policy; (9) A provision that, if the group policy terminates or is amended so as to terminate the insurance of any class of insured persons, every person insured under the group policy at the date of such termination, other than a child of an employee insured pursuant to Code Section 33-27-2, whose insurance terminates and who has been so insured for at least five years prior to such termination date shall be entitled to have issued to him or her by the insurer an individual policy of life insurance, subject to the same conditions and limitations as are provided by paragraph (8) of this subsection, except that the group policy may provide that the amount of such individual policy shall not exceed the smaller of the amount of the person's life insurance protection ceasing because of the termination or amendment of the group policy, less the amount of any life insurance for which he or she is or becomes eligible under any group policy issued or reinstated by the same or another insurer within 31 days after such termination, and $2,000.00; (10) A provision that, if a person insured under the group policy dies during the period within which he or

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she would have been entitled to have an individual policy issued to him or her in accordance with paragraph (8) or (9) of this subsection, before such an individual policy shall have become effective, the amount of life insurance which he or she would have been entitled to have issued to him or her under such individual policy shall be payable as a claim under the group policy, whether or not application for the individual policy or the payment of the first premium therefor has been made; and (11) A corporation or trustee of a trust having an insurable interest pursuant to subsection (c) of Code Section 33-24-3 and effectuation authority pursuant to paragraph (4) or (5) of subsection (a) of Code Section 33-24-6, providing life, health, disability, retirement, or similar benefits to employees may designate the beneficiary of a group life insurance policy, providing that the corporation or trustee of a trust uses the insurance proceeds to provide life, health, disability, retirement, or similar benefits to such employees. As used in this paragraph, the term `employees' shall include directors, officers, employees, retired employees, or the dependents of such persons. Section 7. Said title is further amended by adding at the end of subsection (b) of Code Section 33-27-3, relating to required provisions of group life insurance policies, a new paragraph (4) to read as follows: (4) The provisions of paragraphs (6), (7), (8), (9), and (10) of subsection (a) of this Code Section shall not apply to policies issued to a corporation or trustee of a trust pursuant to subsection (9) of Code Section 33-27-1. Section 8. All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1993.

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PENAL INSTITUTIONS NOTICE TO VICTIMS OF CERTAIN CRIMES OF OFFENDER'S RELEASE, ESCAPE, OR DEATH; CONFIDENTIALITY OF VICTIM INFORMATION; IMMUNITY FOR FAILURE TO NOTIFY. Code Section 42-1-11 Enacted. No. 589 (Senate Bill No. 252). AN ACT To amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions relating to penal institutions, so as to provide that the commissioner of corrections shall notify victims of crime of an offender's death, release to the community by furlough or mandatory release, escape, or transfer to a halfway house; to provide definitions; to provide for contents of notice; to provide for notice of escape; to provide for confidentiality of victim information; to provide for immunity from liability under certain conditions; 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 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions relating to penal institutions, is amended by adding at the end thereof a new Code section, to be designated Code Section 42-1-11, to read as follows: 42-1-11. (a) As used in this Code section, the term: (1) `Commissioner' means the commissioner of corrections. (2) `Crime' means an act committed in this state which constitutes a crime as defined by state or federal law and which results in physical injury or death to the victim.

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(3) `Crime against the person' means any crime provided for in Chapter 5 of Title 16. (4) `Offender' means a person sentenced to a term of incarceration in a state or county correctional institution. (5) `Victim' means a person who suffers personal physical injury or death as a result of a crime and shall include members of the immediate family of a victim who dies as the result of a crime and the parents and guardians of victims who are minors. (b) If the identity of a victim of a crime has been verified by the district attorney, who has, at the request of such victim, mailed a letter to the commissioner of corrections requesting that the victim be notified of a change in the custodial status of an offender, then the commissioner of corrections or the commissioner's designee shall make a good faith effort to notify the victim that the offender is to be released from imprisonment, including release on extended furlough; transferred to work release; released by mandatory release upon expiration of sentence; or has escaped from confinement; or if the offender has died. The good faith effort to notify the victim must occur prior to the release or transfer noted in this subsection. For a victim of a felony crime against the person for which the offender was sentenced to a term of imprisonment of more than 18 months, the good faith effort to notify the victim must occur no later than ten days before the offender's release from imprisonment, transfer to or release from work release or as soon thereafter as is practical in situations involving emergencies. (c) The notice given to a victim of a crime against a person must include the conditions governing the offender's release or transfer and either the identity of the corrections agent who will be supervising the offender's release or a means to identify the agency that will be supervising the offender's release. The commissioner of corrections or the commissioner's designee complies with this Code section upon mailing the notice of impending release to the victim at the address which the victim has most recently provided to the commissioner or authority in writing.

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(d) If an offender escapes from imprisonment or incarceration, including from release on extended furlough or work release, the commissioner or other custodial authority shall make all reasonable efforts to notify a victim who has requested notice of the offender's release under subsection (b) of this Code section within six hours after discovering the escape, or as soon thereafter as is practical, and shall also make reasonable efforts to notify the victim within 24 hours after the offender is apprehended or as soon thereafter as is practical. In emergencies, telephone notification for the victim will be attempted and the results documented in the offender's central file. (e) All identifying information regarding the victim, including the victim's request and the notice provided by the commissioner or the commissioner's designee, shall be confidential and accessible only to the victim. It is the responsibility of the victim to provide the commissioner with a current address. (f) A designated official in the Department of Corrections shall coordinate the receipt of all victim correspondence and shall monitor staff responses to requests for such notification from victims of crime. (g) The commissioner and the Department of Corrections shall not be liable for a failure to notify the victim. Section 2. This Act shall become effective six months after the effective date of an appropriations Act containing a specific appropriation to fund the provisions of this Act. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1993.

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GEORGIA SPORTS HALL OF FAME BOARD MEMBERSHIP; TERMS. Code Section 50-12-60 Amended. No. 590 (Senate Bill No. 304). AN ACT To amend Part 1 of Article 4 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Sports Hall of Fame, so as to change the membership of the Georgia Sports Hall of Fame Board; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Part 1 of Article 4 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Sports Hall of Fame, is amended by striking Code Section 50-12-60, relating to the Georgia Sports Hall of Fame Board, and inserting in its place a new Code section to read as follows: 50-12-60. (a) There is created the Georgia Sports Hall of Fame Board. The board shall be composed of 15 members, as follows: (1) Nine members shall be appointed by the Governor. Initially, three of such members shall be appointed for terms of two years, three for four years, and three for six years. Thereafter, all members appointed by the Governor shall be appointed for terms of six years. The Governor shall consider different areas of the state when making appointments to the board; and (2) Three members shall be appointed by the Lieutenant Governor and three members shall be appointed by the Speaker of the House. The members appointed by the Lieutenant Governor and the Speaker of the House

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shall serve for terms concurrent with the terms of members of the General Assembly. (b) The board shall elect a chairman, a vice-chairman, and such other officers as it deems advisable from its own membership. The members shall receive no compensation for their services but shall be reimbursed for expenses incurred in attending meetings of the board. The board is authorized to employ such personnel as it deems necessary to enable it to carry out its duties and functions. The board shall meet once each quarter and at such other times as the board deems necessary but not more than eight times annually. A majority of the members shall constitute a quorum for the transaction of business. Section 2. This Act shall become effective upon its approval by the Governor 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 28, 1993. HIGHWAYS, BRIDGES, AND FERRIES BUS SHELTERS; PERMITS FOR ERECTION AND MAINTENANCE. Code Section 32-6-51 Amended. No. 591 (Senate Bill No. 343). AN ACT To amend Code Section 32-6-51 of the Official Code of Georgia Annotated, relating to erection or maintenance of unlawful or unauthorized structures on public roads, so as to change a definition, to require permits from the Department of Transportation for bus shelters on state or federal aid primary

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roads, and to authorize local governments to require approval for bus shelters on certain other roads; to provide for approval by a public transit authority in certain circumstances; to provide for orders to remove shelters in violation; to provide for removal and a statement of expenses; to allow for shelters on certain roads erected by persons other than local governments or public transportation authorities; 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 erection or maintenance of unlawful or unauthorized structures on public roads, is amended by striking in its entirety subsection (d) and inserting a new subsection 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 or located on county or municipality rights of way for the convenience of residents. (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 public transit system wishing to erect and maintain a bus shelter on the right of way of a state or federal aid primary road shall apply to the department for a permit, and as a condition of

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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. This paragraph shall entitle only public transit systems or their designated agents the right to be issued permits under this paragraph; (B) If the bus shelter is to be located on the right of way of a public road other than a state or federal aid primary road within a county or municipality, application for permission to erect and maintain such shelter shall be made to the respective county or municipality. Such application shall conform to the county's and municipality's regulations governing the erection and maintenance of such structures. When the county or municipality is served by a public transit agency or authority, the applications for all bus shelters on routes of such agency or authority shall also be forwarded by the applicant to such transit agency or authority and subject to the approval of such agency or authority; and (C) As a condition of issuing a permit for the erection of a bus shelter on the right of way of a state or federal aid primary 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.

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(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 or in violation of the conditions of the consent of the county or municipality is declared to be a public nuisance and if it is determined to be a hazard to public safety by the department, county, or municipality, it may be removed or its removal may be ordered by the department or the governing authority of the respective county or municipality. In every case of removal of a bus shelter as a hazard to public safety by the department, a county, or a municipality, a good faith attempt shall be made to notify the owner of its removal. In such cases where the department, county, or municipality orders the removal of the bus shelter as a public nuisance, 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 or the governing authority of the respective county or municipality, the department or the governing authority of the respective county or municipality 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. In the case of a statement of expenses for removal of a shelter on a state or federal aid primary road, 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. (4) The person to whom a permit has been issued for the erection and maintenance of a bus shelter on the right of way of a public road or who places such shelter on a public road other than a state or federal aid primary 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. (5) Permits for shelters on state or federal aid primary roads shall be issued under this subsection only to

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cities, counties, or public transportation authorities owning or operating public transportation systems or their designated agents. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1993. PURCHASING BY STATE AND POLITICAL SUBDIVISIONS GOODS AND SERVICES FROM SHELTERED WORKSHOPS AND TRAINING CENTERS OF DEPARTMENT OF HUMAN RESOURCES; STATE USE COUNCIL CREATED; POWERS AND AUTHORITY; CENTRAL NONPROFIT AGENCY. Code Section 50-5-74 Repealed. Code Title 50, Chapter 5, Article 3, Part 5 Enacted. No. 592 (Senate Bill No. 372). 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 purchase by the state and its political subdivisions of certain goods, wares, merchandise, and services produced by community based rehabilitation programs and training centers; to repeal a specific provision of law relating to the requirement that goods and services be obtained from sheltered workshops and training centers when certified available; to create the State Use Council and provide for its composition, organization, powers, and duties; to provide for the reimbursement of members of the council for certain expenses; to provide for the procurement of certain goods, wares, merchandise, and services produced by community based rehabilitation programs and training centers; to designate a central nonprofit agency to represent the community based rehabilitation programs and training centers and to facilitate the procurement of goods, wares,

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merchandise, and services needed by the state; to provide for contract management by the central nonprofit agency; to provide for program services by such agency; to require such agency to maintain certain records; to require the council and the Department of Administrative Services to prepare a list of goods, wares, merchandise, and services which can be set aside for purchase from community based rehabilitation programs and training centers; to provide for a fair market price for goods and services procured; to provide for guidelines for the certification of community based rehabilitation programs and training centers; to provide for determination of which persons are disabled for the purposes of this Act; to provide that prior experience shall not be required in order to participate in state procurement contracts; to provide for the Department of Administrative Services to contract with the central nonprofit agency for the payment of certain service fees based on the contracts procured for the state; to provide that the commissioner of administrative services shall retain the right to cancel or modify certain contracts for nonperformance reasons; to provide for certain existing contracts; to provide an effective date conditioned on funds being appropriated; 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 in its entirety Code Section 50-5-74, relating to the requirement that goods and services be obtained from sheltered workshops and training centers when certified available, which reads as follows: 50-5-74. (a) All services provided or goods, wares, or merchandise produced wholly or in part by the sheltered workshops and training centers operated by or in contract with the Department of Human Resources and needed by the departments, institutions, and agencies of the state and its political subdivisions supported wholly or in part by public funds shall be obtained from the sheltered workshops and training centers where availability of such services, goods, wares, or merchandise has been certified in writing by the

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commissioner of human resources and certified by the commissioner of administrative services as competitive. Where not certified as available from the sheltered workshops and training centers, services, goods, wares, or merchandise shall be obtained from other agencies or activities of the state which are legally authorized to engage in the provision of such and have certified the availability with the advice and consent of the Department of Administrative Services. (b) The certification as to the availability of such services, goods, wares, or merchandise by the commissioner of human resources shall be made by him based on standards which are promulgated by the Department of Human Resources. Such standards shall be developed in a manner which is designed to ensure fairness and equal participation of eligible providers and shall be approved by the Board of Human Resources., and inserting in lieu thereof the following: 50-5-74. Reserved. Section 2. Said article is further amended by adding following Part 4 a new Part 5 to read as follows: Part 5 50-5-135. (a) There is created the State Use Council, hereafter referred to as the council. The council shall be composed of 15 members as follows: (1) The commissioner of administrative services or his or her designee; (2) The commissioner of human resources or his or her designee; (3) The commissioner of community affairs or his or her designee; (4) The commissioner of corrections or his or her designee;

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(5) Five members appointed by the Governor who shall represent the business community of the state; (6) Three members appointed by the Governor who shall represent a broad spectrum of persons with disabilities; and (7) Three members appointed by the Governor who shall represent the interest of organizations representative of persons with disabilities. (b) Initially, the nine members appointed pursuant to paragraphs (5) through (7) in subsection (a) of this Code section shall serve staggered terms of office as follows: three members for two years, three members for three years, and three members for four years. Thereafter, each member shall serve for a term of four years. Such members shall serve until the appointment and qualification of their successors. The members appointed by the Governor shall be selected from the state at large but shall be representative of all of the geographic areas of the state. (c) All successors shall be appointed in the same manner as original appointments. Vacancies in office shall be filled in the same manner as original appointments. An appointment to fill a vacancy shall be for the unexpired term. The council shall elect its own officers. No vacancy on the council shall impair the right of the quorum to exercise all rights and perform all duties of the council. (d) The members of the council shall receive no compensation for their services but shall be entitled to and shall be reimbursed for their actual expenses, including travel and any other expenses incurred in the performance of their duties. Reimbursement for travel by a personal motor vehicle shall be made in the same manner and subject to the same limitations as provided for state employees under Code Section 50-19-7. (e) The council shall have perpetual existence. Any change in name or composition of the council shall in no way

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affect the vested rights of any person under this part or impair the obligations of any contracts existing under this part. 50-5-136. (a) The State Use Council shall have the authority authorized in this part concerning the procurement of certain services provided and goods, wares, and merchandise produced by community based rehabilitation programs and training centers and purchased by the Department of Administrative Services. All services provided or goods, wares, or merchandise produced wholly or in part by the community based rehabilitation programs and training centers operated by or under contract with the Department of Human Resources and needed by the departments, institutions, and agencies of the state and its political subdivisions supported wholly or in part by public funds shall be obtained from community based rehabilitation programs and training centers where availability of such services, goods, wares, or merchandise has been certified in writing by the council. (b) The State Use Council shall have the following powers and authority: (1) To designate a central nonprofit agency to represent community based rehabilitation programs and training centers in the state and to facilitate the distribution of orders of the State of Georgia for goods, wares, merchandise, and services on the procurement list among certified community based rehabilitation programs and training centers. As used in this part, the term `central nonprofit agency' means an agency organized under the laws of Georgia and operated in the interest of persons with disabilities in Georgia, the net income of which does not inure in whole or in part to the benefit of any shareholder or individual. The central nonprofit agency shall be selected using criteria established by the council and shall be selected for a period not to exceed two years, provided that an agency may succeed itself as the central nonprofit agency. The central nonprofit agency will be responsible for selecting the community based rehabilitation program and training center to perform a specific contract for work ordered by the state. Consideration will

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be given to the strengths of the particular organization, prior work history, and the ability to produce within time and budgetary parameters. Only programs and centers which have been certified by the council will be eligible for state use contracts. Once the community based rehabilitation program and training center has been selected and a subcontract has been established between that community based rehabilitation program and training center and the central nonprofit agency, the central nonprofit agency shall provide management and quality control assistance in the administration of the project. This may be in the form of quality assurance procedures, time and date deadlines, technical assistance in assembly, or a variety of other activities concerning the project at hand. Other than on a specific contract basis, the central nonprofit agency will offer training programs, certification workshops, quality control workshops, and other technical, management, marketing, and general assistance programs to participating programs and centers in the state. These programs may not be mandatory in all cases, however, they will be offered to help the various programs and centers become more productive and efficient in their handling of state use contracts and other work as well. The central nonprofit agency shall maintain the necessary records and data concerning contracts with certified community based rehabilitation programs and training centers and shall maintain communication with community based rehabilitation programs and training centers during the conduct of a contract which has been let with the program and center for various program services as necessary and appropriate; (2) To develop, in conjunction with the Department of Administraive Services, a list of goods, wares, merchandise, and services which shall be set aside for purchase from community based rehabilitation programs and training centers. This list shall be reviewed annually and goods, wares, merchandise, and services may be added or deleted as necessary and appropriate; (3) To establish fair market prices for commodities or services on the selected procurement list and to consider

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recommendations from the procuring agencies, the central nonprofit agency, and other relevant sources. The central nonprofit agency shall analyze the data and submit a recommended fair market price to the council along with detailed justification necessary to support the recommended prices. Pricing guidelines shall be established by the council in association with standard methodology for determining fair market value. However, the fair market prices shall not exceed the prices normally paid by state agencies for such commodities or services; (4) To oversee and assist in the development of guidelines for the certification of community based rehabilitation programs and training centers in the State of Georgia. The intent of these guidelines shall be to evaluate the qualifications and capabilities of community based rehabilitation programs and training centers interested in certification; to determine criteria for quality, efficiency, timeliness, and cost effectiveness in the production of goods, wares, merchandise, and services to be procured under the state use plan and purchased by the State of Georgia; and to establish a certification process which shall enable community based rehabilitation programs and training centers qualified under this process to compete in procurement activities provided for by this part. All community based rehabilitation programs and training centers which are certified by the commissioner of human resources at the time of the effective date of this part shall not have to undergo the certification evaluation and approval process until 24 months from said effective date; (5) With respect to the certification process and the designated community based rehabilitation programs and training centers which may enter into contracts under this part, to establish criteria for determining what constitutes a substantial handicap to employment that prevents the individual under the disability from currently engaging in normal competitive employment. In establishing the criteria, the council shall consult with appropriate entities of government and take into account the views of nongovernmental entities representing the severely

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handicapped. The council shall give weight to the criteria established by the federal committee for purchase of products and services of the blind and other severely handicapped persons, pursuant to the federal Wagner-O'Day Act (41 U.S.C. Sections 46-48b), as amended; and (6) To make an annual report to the Governor and the General Assembly concerning its activities under this part and the activities and contracts provided by the central nonprofit agency. 50-5-137. Notwithstanding any other provisions of law to the contrary, certified community based rehabilitation programs and training centers conducting contract work under the state use plan and under the auspices of the central nonprofit agency shall not be required to have prior experience in providing the goods, wares, merchandise, or services in a given contract in order to participate in these contracts. 50-5-138. (a) The Department of Administrative Services shall contract with the central nonprofit agency to pay a fee to such agency on the basis of contracts procured from the state. This fee shall be not less than 5 percent nor more than 8 percent of the total contract fee awarded for a particular project. The fees will be added to the fair market price paid by the state agencies and political subdivisions or will be paid from assessments received from the state agencies and political subdivisions by the Department of Administrative Services. The timeliness and methodology of collection of these fees will be decided upon between the Department of Administrative Services and the central nonprofit agency and shall be incorporated into such contract. (b) The commissioner of administrative services retains the right to cancel or modify contracts which have been selected for procurement under this part for nonperformance and noncompetitive pricing reasons. (c) All contracts which presently exist between the State of Georgia and community based rehabilitation programs

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and training centers in Georgia, including the State of Georgia administered Georgia Industries for the Blind, shall be grandfathered in perpetuity, excepting for nonperformance reasons according to the policies, regulations, and determination of the Department of Administrative Services. Section 3. 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 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1993. INSURANCE FRATERNAL BENEFIT SOCIETIES. Code Title 33, Chapter 15 Amended. No. 595 (House Bill No. 383). AN ACT To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to revise and modernize extensively provisions relating to fraternal benefit societies; to provide for organization and governance; to provide definitions; to provide for officers and membership; to provide for a principal office; to provide for annual statements; to provide for indemnification; to provide for formation and petitions for charter; to provide for amendments; to provide for reinsurance, consolidations, and mergers; to provide for conversions; to provide for types of benefit contracts; to provide for assets and investments; to provide for applicability of provisions of other laws; to provide for valuations; to provide for licenses and renewals; to provide for examinations; to provide for admissions; to provide sanctions for violations; to provide procedures; to provide for agents or representatives; to provide for the appointment of the Commissioner for service of process; to provide for applicability;

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to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking Chapter 15, relating to fraternal benefit societies, in its entirety and inserting in lieu thereof a new Chapter 15 to read as follows: CHAPTER 15 ARTICLE 1 33-15-1. Any incorporated society, order, or supreme lodge, without capital stock, including one exempted under the provisions of paragraph (2) of subsection (a) of Code Section 33-15-123, whether incorporated or not, conducted solely for the benefit of its members and their beneficiaries and not for profit, operated on a lodge system with ritualistic form of work, having a representative form of government, and which provides benefits in accordance with this chapter is declared to be a fraternal benefit society. 33-15-2. (a) A society is operating on the lodge system if it has a supreme governing body and subordinate lodges into which members are elected, initiated, or admitted in accordance with its laws, rules, and ritual. Subordinate lodges shall be required by the laws of the society to hold regular meetings periodically in furtherance of the purposes of the society. (b) A society may, at its option, organize and operate lodges for children under the minimum age for adult membership. Membership and initiation in local lodges shall not be required of such children nor shall they have a voice or vote in the management of the society. 33-15-3. A society has a representative form of government when:

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(1) It has a supreme governing body constituted in one of the following ways: (A) The supreme governing body is an assembly composed of delegates elected directly by the members or at intermediate assemblies or conventions of members or their representatives, together with other delegates as may be prescribed in the society's laws. A society may provide for election of delegates by mail. The elected delegates shall constitute a majority in number and shall not have less than a majority of the votes and not less than the number of votes required to amend the society's laws. The assembly shall be elected and shall meet at least once every four years and shall elect a board of directors to conduct the business of the society between meetings of the assembly. Vacancies on the board of directors between elections may be filled in the manner prescribed by the society's laws; or (B) The supreme governing body is a board composed of persons elected by the members, either directly or by their representatives in intermediate assemblies, and any other persons prescribed in the society's laws. A society may provide for election of the board by mail. Each term of a board member may not exceed four years. Vacancies on the board between elections may be filled in the manner prescribed by the society's laws. Those persons elected to the board shall constitute a majority in number and not less than the number of votes required to amend the society's laws. A person filling the unexpired term of an elected board member shall be considered to be an elected member. The board shall meet at least quarterly to conduct the business of the society; (2) The officers of the society are elected either by the supreme governing body or by the board of directors; (3) Only benefit members are eligible for election to the supreme governing body, the board of directors, or any intermediate assembly; and

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(4) Each voting member shall have one vote and no vote may be cast by proxy. 33-15-4. As used in this chapter, the term: (1) `Benefit contract' means the agreement for provision of benefits authorized by Code Section 33-15-60, as that agreement is described in subsection (a) of Code Section 33-15-63. (2) `Benefit member' means an adult member who is designated by the laws or rules of the society to be a benefit member under a benefit contract. (3) `Certificate' means the document issued as written evidence of the benefit contract. (4) `Laws' means the society's articles of incorporation, charter, constitution, and bylaws, however designated. (5) `Lodge' means subordinate member units of the society, known as camps, courts, councils, branches, or by any other designation. (6) `Premiums' means premiums, rates, dues, or other required contributions by whatever name known, which are payable under the certificate. (7) `Rules' means all rules, regulations, or resolutions adopted by the supreme governing body or board of directors which are intended to have general application to the members of the society. (8) `Society' means fraternal benefit society, unless otherwise indicated. 33-15-5. (a) A society shall operate for the benefit of members and their beneficiaries by: (1) Providing benefits as specified in Code Section 33-15-60; and

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(2) Operating for one or more social, intellectual, educational, charitable, benevolent, moral, fraternal, patriotic, or religious purposes for the benefit of its members, which may also be extended to others. Such purposes may be carried out directly by the society or indirectly through subsidiary corporations or affiliated organizations. (b) Every society shall have the power to adopt laws and rules for the government of the society, the admission of its members, and the management of its affairs. It shall have the power to change, alter, add to, or amend such laws and rules and shall have such other powers as are necessary and incidental to carrying into effect the objects and purposes of the society. ARTICLE 2 33-15-20. (a) A society shall specify in its laws or rules: (1) Eligibility standards for each and every class of membership, provided that if benefits are provided on the lives of children, the minimum age for adult membership shall be set at not less than age 15 and not greater than age 21; (2) The process for admission to membership for each membership class; and (3) The rights and privileges of each membership class, provided that only benefit members shall have the right to vote on the management of the insurance affairs of the society. (b) A society may also admit social members who shall have no voice or vote in the management of the insurance affairs of the society. (c) Membership rights in the society are personal to the member and are not assignable.

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33-15-21. (a) The principal office of any domestic society shall be located in this state. The meetings of its supreme governing body may be held in any state, district, province, or territory wherein such society has at least one subordinate lodge, or in such other location as determined by the supreme governing body, and all business transacted at such meetings shall be as valid in all respects as if such meetings were held in this state. The minutes of the proceedings of the supreme governing body and of the board of directors shall be in the English language. (b) (1) A society may provide in its laws for an official publication in which any notice, report, or statement required by law to be given to members, including notice of election, may be published. Such required reports, notices, and statements shall be printed conspicuously in the publication. If the records of a society show that two or more members have the same mailing address, an official publication mailed to one member is deemed to be mailed to all members at the same address unless a member requests a separate copy. (2) Not later than June 1 of each year, a synopsis of the society's annual statement providing an explanation of the facts concerning the condition of the society thereby disclosed shall be printed and mailed to each benefit member of the society or, in lieu thereof, such synopsis may be published in the society's official publication. (c) A society may provide in its laws or rules for grievance or complaint procedures for members. 33-15-22. (a) The officers and members of the supreme governing body or any subordinate body of a society shall not be personally liable for any benefits provided by a society. (b) Any person may be indemnified and reimbursed by any society for expenses reasonably incurred by and liabilities imposed upon such person in connection with or arising out of any action, suit, or proceeding, whether civil, criminal,

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administrative, or investigative, or threat thereof, in which the person may be involved by reason of the fact that he or she is or was a director, officer, employee, or agent of the society or of any firm, corporation, or organization which he or she served in any capacity at the request of the society. A person shall not be so indemnified or reimbursed: (1) in relation to any matter in such action, suit, or proceeding as to which he or she shall finally be adjudged to be or have been guilty of breach of a duty as a director, officer, employee, or agent of the society, or (2) in relation to any matter in such action, suit, or proceeding, or threat thereof, which has been made the subject of a compromise settlement; unless in either such case the person acted in good faith for a purpose the person reasonably believed to be in or not opposed to the best interests of the society and, in a criminal action or proceeding, in addition, had no reasonable cause to believe that his or her conduct was unlawful. The determination whether the conduct of such person met the standard required in order to justify indemnification and reimbursement in relation to any matter described in this subsection may only be made by the supreme governing body or board of directors by a majority vote of a quorum consisting of persons who were not parties to such action, suit, or proceeding or by a court of competent jurisdiction. The termination of any action, suit, or proceeding by judgment, order, settlement, conviction, or upon a plea of no contest, as to such person shall not in itself create a conclusive presumption that the person did not meet the standard of conduct required in order to justify indemnification and reimbursement. The foregoing right of indemnification and reimbursement shall not be exclusive of other rights to which such person may be entitled as a matter of law and shall inure to the benefit of his or her heirs, executors, and administrators. (c) A society shall have power to purchase and maintain insurance on behalf of any person who is or was a director, officer, employee, or agent of the society, or who is or was serving at the request of the society as a director, officer, employee, or agent of any other firm, corporation, or organization against any liability asserted against such person and incurred by him or her in any such capacity or arising out of his or her status as such, whether or not the society would

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have the power to indemnify the person against such liability under this Code section. 33-15-23. The laws of the society may provide that no subordinate body nor any of its subordinate officers or members shall have the power or authority to waive any of the provisions of the laws of the society. Such provision shall be binding on the society and every member and beneficiary of a member. ARTICLE 3 33-15-40. (a) A domestic society organized on or after January 1, 1994, shall be formed as provided in this Code section. Ten or more citizens of the United States, a majority of whom are citizens of this state, who desire to form a fraternal benefit society, may make, sign, and acknowledge before some officer competent to take acknowledgment of deeds, a petition for a charter, in which shall be stated: (1) The proposed corporate name of the society, which shall not so closely resemble the name of any society or insurance company as to be misleading or confusing; (2) The purposes for which it is being formed and the mode in which its corporate powers are to be exercised. Such purposes shall not include more liberal powers than are granted by this chapter; and (3) The names and residences of the incorporators and the names, residences, and official titles of all the officers, trustees, directors, or other persons who are to have and exercise the general control of the management of the affairs and funds of the society for the first year or until the ensuing election at which all such officers shall be elected by the supreme governing body, which election shall be held not later than one year from the date of issuance of the permanent certificate of authority. (b) The petition for a charter, duly certified copies of the society's bylaws and rules, copies of all proposed forms of

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certificates, applications therefor, circulars to be issued by the society, and a bond conditioned upon the return to applicants of the advanced payments if the organization is not completed within one year shall be filed with the Secretary of State, who may require such further information which is deemed necessary. The bond with sureties approved by the Commissioner shall be in such amount, not less than $300,000.00 nor more than $1.5 million, as required by the Commissioner. All documents filed are to be in the English language. The Secretary of State shall transmit immediately one copy of the petition to the Commissioner and shall return one copy to the petitioner. The petition for a charter, with any and all exhibits attached thereto, shall be published in the manner provided in subsection (b) of Code Section 33-14-5. If the purposes of the society conform to the requirements of this chapter and all provisions of the law have been complied with, the Commissioner shall so certify in writing to the Secretary of State and shall furnish the incorporators a preliminary certificate of authority authorizing the society to solicit members as hereinafter provided, but only after the granting of the certificate of incorporation by the Secretary of State. (c) No preliminary certificate of authority granted under the provisions of this Code section shall be valid after one year from its date or after such further period, not exceeding one year, as may be authorized by the Commissioner upon cause shown, unless the 500 applicants hereinafter required have been secured and the organization has been completed as provided in this chapter. The charter and all other proceedings thereunder shall become null and void in one year from the date of the preliminary certificate of authority, or at the expiration of the extended period, unless the society shall have completed its organization and received a certificate of authority to do business as provided in subsection (f) of this Code section. (d) A fraternal benefit society shall be incorporated by the Secretary of State upon compliance with the applicable provisions of law.

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(e) Upon receipt of a preliminary certificate of authority from the Commissioner, the society may solicit members for the purpose of completing its organization, shall collect from each applicant the amount of not less than one regular monthly premium in accordance with its table of rates, and shall issue to each such applicant a receipt for the amount so collected. No society shall incur any liability other than for the return of such advance premium, nor issue any certificate, nor pay, allow, or offer or promise to pay or allow any benefit to any person until: (1) Actual bona fide applications for benefits have been secured aggregating at least $500,000.00 on not less than 500 applicants and any necessary evidence of insurability has been furnished to and approved by the society; (2) At least ten subordinate lodges have been established into which the 500 applicants have been admitted; (3) There has been submitted to the Commissioner, under oath of the president or secretary or corresponding officer of the society, a list of such applicants, giving their names, addresses, date each was admitted, name and number of the subordinate lodge of which each applicant is a member, amount of benefits to be granted, and the premiums therefor; and (4) It shall have been shown to the Commissioner, by sworn statement of the treasurer or corresponding officer of such society, that at least 500 applicants have each paid in cash at least one regular monthly premium as provided in this subsection, which premiums in the aggregate shall amount to at least $150,000.00. Said advance premiums shall be held in trust during the period of organization and, if the society has not qualified for a certificate of authority within one year as provided in this Code section, such premiums shall be returned to said applicants. (f) The Commissioner may make such examination and require such further information as the Commissioner deems

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advisable. Upon presentation of satisfactory evidence that the society has complied with all the provisions of law, the Commissioner shall issue to the society a certificate of authority to that effect and that the society is authorized to transact business pursuant to the provisions of this chapter. The certificate of authority shall be prima-facie evidence of the existence of the society at the date of such certificate. The Commissioner shall cause a record of such certificate of authority to be made. A certified copy of such record may be given in evidence with like effect as the original certificate of authority. (g) Any incorporated society authorized to transact business in this state on January 1, 1994, shall not be required to reincorporate. 33-15-41. (a) A domestic society may amend its laws in accordance with the provisions thereof by action of its supreme governing body at any regular or special meeting thereof or, if its laws so provide, by referendum. Such referendum may be held in accordance with the provisions of its laws by the vote of the voting members of the society, by the vote of delegates or representatives of voting members, or by the vote of local lodges. A society may provide for voting by mail. No amendment submitted for adoption by referendum shall be adopted unless, within six months from the date of submission thereof, a majority of the members voting shall have signified their consent to such amendment by one of the methods specified in this Code section. Charter amendments shall be filed in triplicate with the Secretary of State, published, and approved only under the procedure established in Code Section 33-14-8. (b) No amendment to the laws of any domestic society shall take effect unless approved by the Commissioner and granted by the Secretary of State as provided in Code Section 33-14-8. The Commissioner and Secretary of State shall approve the amendment if they find that it has been duly adopted and is not inconsistent with any requirement of the laws of this state or with the character, objects, and purposes of the society. Unless the Commissioner shall disapprove any such amendment within 30 days after the filing of same, such

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amendment shall be considered approved. The approval or disapproval of the Commissioner shall be forwarded, in writing, to the Secretary of State and also mailed to the secretary or corresponding officer of the society at its principal office. If the Commissioner disapproves such amendment, the reasons therefor shall be stated in such written notice. Amendments to charters shall not be effective until granted by the Secretary of State. (c) Within 90 days from the approval thereof by the Commissioner, all such amendments or a synopsis thereof shall be furnished to all members of the society either by mail or by publication in full in the official publication of the society. The affidavit of any officer of the society or of anyone authorized by it to mail any amendments or synopsis thereof, stating facts which show that same have been duly addressed and mailed, shall be prima-facie evidence that such amendments or synopsis thereof have been furnished the addressee. (d) Every foreign or alien society authorized to do business in this state shall file with the Commissioner a duly certified copy of all amendments of, or additions to, its laws within 30 days after the enactment of same. (e) Printed copies of the laws as amended, certified by the secretary or corresponding officer of the society, shall be prima-facie evidence of the legal adoption thereof. 33-15-42. A society may create, maintain, and operate, or may establish organizations to operate, not for profit institutions to further the purposes permitted by paragraph (2) of subsection (a) of Code Section 33-15-5. Such institutions may furnish services free or at a reasonable charge. Any real or personal property owned, held, or leased by the society for this purpose shall be reported in every annual statement. No society shall own or operate funeral homes or undertaking establishments. 33-15-43. (a) A domestic society may, by a reinsurance agreement, cede any individual risk or risks in whole or in part to an insurer other than another fraternal benefit society

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having the power to make such reinsurance and authorized to do business in this state, in accordance with Code Section 33-7-14. (b) Notwithstanding the limitation in subsection (a) of this Code section, a society may reinsure the risks of another society in a consolidation or merger approved by the Commissioner under Code Section 33-15-44. 33-15-44. (a) A domestic society may consolidate or merge with any other society by complying with the provisions of this Code section. The filing of application, fee, and publication requirements of subsections (a) through (c) of Code Section 33-14-5 shall be applicable to merger under this chapter. (b) The application shall state the names and respective locations of the proposed merged or consolidated societies with the dates of their original charters, all amendments thereto, and the name and location of the proposed consolidated or merged society. The application shall be signed with the corporate names and under the corporate seals of the societies. (c) There shall be filed with the application: (1) A certified copy of the written contract containing in full the terms and conditions of the consolidation or merger; (2) A sworn statement by the president and secretary or corresponding officers of each society showing the financial condition thereof on a date fixed by the Commissioner but not earlier than December 31 next preceding the date of the contract; (3) A certificate of such officers, duly verified by their respective oaths, that the consolidation or merger has been approved by a two-thirds' vote of the supreme governing body of each society, such vote being conducted at a regular or special meeting of each such body or, if the society's laws so permit, by mail;

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(4) Evidence that at least 60 days prior to the action of the supreme governing body of each society, the text of the contract has been furnished to all members of each society either by mail or by publication in full in the official publication of each society; and (5) In the event any society which is a party to the contract is incorporated under the laws of any other state or territory, a certificate of approval as provided by the laws of such state or territory; if the laws of such state or territory contain no such provision, then a certificate of approval of the proposed consolidation or merger must be approved by the supervising insurance official of such state or territory. (d) If the Commissioner finds that the contract containing the terms and conditions of the proposed consolidation or merger is in conformity with this Code section, that the financial statements are correct, and that the consolidation or merger is just and equitable to the members of each society, he shall approve the contract and issue his certificate to such effect, transmitting a copy of such certificate of approval to the Secretary of State. If the Commissioner does not approve the contract, he shall notify the society and shall transmit a copy of his certificate of disapproval to the Secretary of State. In case such contract is not approved, it shall be inoperative, and the fact of submission and its contents shall not be disclosed by the Commissioner. (e) Upon receipt of the certificate as to the publication of the application and the certificate of approval of the Commissioner, the Secretary of State shall issue, under the great seal of the state, a certificate of merger, which certificate shall be the charter of the consolidated or merged society. The Secretary of State shall record the application, the contract of merger and the other documents required to be filed, the certificate of the judge of the probate court, the certificate of the Commissioner, and the certificate of merger in a book to be kept by him for that purpose. (f) Upon the consolidation or merger becoming effective as provided in subsection (e) of this Code section, all the

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rights, franchises, and interests of the consolidated or merged societies in and to every species of property, real, personal, or mixed, and things in action belonging to the consolidated or merged societies shall be vested in the society resulting from or remaining after the consolidation or merger without any other instrument, except that conveyances of real property may be evidenced by proper deeds, and the title to any real estate or interest therein vested under the laws of this state in any of the societies consolidated or merged shall not revert or be in any way impaired by reason of the consolidation or merger but shall vest absolutely in the society resulting from or remaining after such consolidation or merger. (g) The affidavit of any officer of the society or of anyone authorized by it to mail any notice or document, stating that such notice or document has been duly addressed and mailed, shall be prima-facie evidence that such notice or document has been furnished the addressees. 33-15-45. Any domestic fraternal benefit society may be converted and licensed as a mutual life insurance company by compliance with all the applicable requirements of Chapter 14 of this title if the plan of conversion has been approved by the Commissioner. A plan of conversion shall be prepared in writing by the board of directors setting forth in full the terms and conditions of conversion. The affirmative vote of two-thirds of all members of the supreme governing body at a regular or special meeting shall be necessary for the approval of such plan. No such conversion shall take effect unless and until approved by the Commissioner who may give such approval if the Commissioner finds that the proposed change is in conformity with the requirements of law and not prejudicial to the certificate holders of the society. ARTICLE 4 33-15-60. (a) A society may provide the following contractual benefits in any form: (1) Death benefits;

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(2) Endowment benefits; (3) Annuity benefits; (4) Temporary or permanent disability benefits; (5) Hospital, medical, or nursing benefits; (6) Monument or tombstone benefits to the memory of deceased members; and (7) Such other benefits as authorized for life insurers and which are not inconsistent with this chapter. (b) A society shall specify in its rules those persons who may be issued or covered by the contractual benefits in subsection (a) of this Code section, consistent with providing benefits to members and their dependents. A society may provide benefits on the lives of children under the minimum age for adult membership upon application of an adult person. 33-15-61. (a) The owner of a benefit contract shall have the right at all times to change the beneficiary or beneficiaries in accordance with the laws or rules of the society unless the owner waives this right by specifically requesting in writing that the beneficiary designation be irrevocable. A society may, through its laws or rules, limit the scope of beneficiary designations and shall provide that no revocable beneficiary shall have or obtain any vested interest in the proceeds of any certificate until the certificate has become due and payable in conformity with the provisions of the benefit contract. (b) A society may make provision for the payment of funeral benefits to the extent of such portion of any payment under a certificate as might reasonably appear to be due to any person equitably entitled thereto by reason of having incurred expense occasioned by the burial of the member. (c) If, at the death of any person insured under a benefit contract, there is no lawful beneficiary to whom the proceeds

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shall be payable, the amount of such benefit, except to the extent that funeral benefits may be paid as provided in subsection (b) of this Code section, shall be payable to the estate of the deceased insured the same as other property not exempt, provided that if the owner of the certificate is other than the insured, such proceeds shall be payable to such owner. 33-15-62. No money or other benefit, charity, relief, or aid to be paid, provided, or rendered by any society shall be liable to attachment, garnishment, or other process or to be seized, taken, appropriated, or applied by any legal or equitable process or operation of law to pay any debt or liability of a member or beneficiary, or any other person who may have a right thereunder, either before or after payment by the society. 33-15-63. (a) Every society authorized to do business in this state shall issue to each owner of a benefit contract a certificate specifying the amount of benefits provided thereby. The certificate, together with any riders or endorsements attached thereto, the laws of the society, the application for membership, the application for insurance and declaration of insurability, if any, signed by the applicant, and all amendments to each thereof shall constitute the benefit contract, as of the date of issuance, between the society and the owner, and the certificate shall so state. A copy of the application for insurance and declaration of insurability, if any, shall be endorsed upon or attached to the certificate. All statements on the application shall be representations and not warranties. Any waiver of this provision shall be void. (b) Any changes, additions, or amendments to the laws of the society duly made or enacted subsequent to the issuance of the certificate shall bind the owner and the beneficiaries and shall govern and control the benefit contract in all respects the same as though such changes, additions, or amendments had been made prior to and were in force at the time of the application for insurance, except that no change, addition, or amendment shall destroy or diminish benefits which the society contracted to give the owner as of the date of issuance.

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(c) Any person upon whose life a benefit contract is issued prior to attaining the age of majority shall be bound by the terms of the application and certificate and by all the laws and rules of the society to the same extent as though the age of majority had been attained at the time of application. (d) A society shall provide in its laws that if its reserves as to all or any class of certificates become impaired, its board of directors or corresponding body may require that there shall be paid by the owner to the society the amount of the owner's equitable proportion of such deficiency as ascertained by its board and that if the payment is not made either: (1) It shall stand as an indebtedness against the certificate and draw interest not to exceed the rate specified for certificate loans under the certificates; or (2) In lieu of or in combination with paragraph (1) of this subsection, the owner may accept a proportionate reduction in benefits under the certificate. The society may specify the manner of the election and which alternative is to be presumed if no election is made. (e) Copies of any of the documents mentioned in this Code section, certified by the secretary or corresponding officer of the society, shall be received in evidence of the terms and conditions thereof. (f) No certificate shall be delivered or issued for delivery in this state unless a copy of the form has been filed with the Commissioner in the manner provided for like policies issued by life insurers in this state. Every life, accident and sickness, or disability insurance certificate and every annuity certificate issued on or after one year from January 1, 1994, shall meet the standard contract provision requirements not inconsistent with this chapter for like policies issued by life insurers in this state, except that a society may provide for a grace period for payment of premiums of one full month in its certificates. The certificate shall also contain a provision

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stating the amount of premiums which are payable under the certificate and a provision reciting or setting forth the substance of any sections of the society's laws or rules in force at the time of issuance of the certificate which, if violated, will result in the termination or reduction of benefits payable under the certificate. If the laws of the society provide for expulsion or suspension of a member, the certificate shall also contain a provision that any member so expelled or suspended, except for nonpayment of a premium or within the contestable period for material misrepresentation in the application for membership or insurance, shall have the privilege of maintaining the certificate in force by continuing payment of the required premium. (g) Benefit contracts issued on the lives of persons below the society's minimum age for adult membership may provide for transfer of control of ownership to the insured at an age specified in the certificate. A society may require approval of an application for membership in order to effect this transfer and may provide in all other respects for the regulation, government, and control of such certificates and all rights, obligations, and liabilities incident thereto and connected therewith. Ownership rights prior to such transfer shall be specified in the certificate. (h) A society may specify the terms and conditions on which benefit contracts may be assigned. 33-15-64. (a) Any provision of a certificate which stipulates or relates to the control of the exercise of all rights incident to the certificate shall be set out under a separate caption and shall be printed in boldface type. (b) Any provision of a certificate which changes the control of the exercise of all rights incident to the certificate from the original applicant to the named member upon such member's attainment of a certain age, which is less than the age of legal majority as provided in Code Section 39-1-1, shall not become effective unless written notice has been given to the original applicant and the named member and the written consent of such parties has been obtained as provided in subsection (c) of this Code section.

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(c) The notice as required in subsection (a) of this Code section shall be given 180 days prior to the date the member will attain the designated age. The notice shall be delivered in person or given by depositing the notice in the United States mail to be dispatched by at least first-class mail to the last addresses of record of the original applicant and the named member and receiving the receipt provided by the United States Postal Service or such other evidence as prescribed or accepted by the United States Postal Service. (d) In the event the written consent of the original applicant and the named member is not obtained prior to the date such member reaches the age designated in the certificate, the original applicant shall retain control of the exercise of all rights incident to the policy until the date the named member reaches the age of legal majority as defined in Code Section 39-1-1. 33-15-65. (a) For certificates issued prior to one year after January 1, 1994, the value of every paid-up nonforfeiture benefit and the amount of any cash surrender value, loan, or other option granted shall comply with the provisions of law applicable immediately prior to January 1, 1994. (b) For certificates issued on or after one year from January 1, 1994, for which reserves are computed on the Commissioners 1941 Standard Ordinary Mortality Table, the Commissioners 1941 Standard Industrial Table, the Commissioners 1958 Standard Ordinary Mortality Table, or the Commissioners 1980 Standard Mortality Table, or any more recent table made applicable to life insurers, every paid-up nonforfeiture benefit and the amount of any cash surrender value, loan, or other option granted shall not be less than the corresponding amount ascertained in accordance with the laws of this state applicable to life insurers issuing policies containing like benefits based upon such tables. ARTICLE 5 33-15-80. A society shall invest its funds only in such investments as are authorized by the laws of this state for the investment of assets of life insurers and subject to the

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limitations thereon. Any foreign or alien society permitted or seeking to do business in this state which invests its funds in accordance with the laws of the state, district, territory, country, or province in which it is incorporated shall be held to meet the requirements of this Code section for the investment of funds. 33-15-81. (a) All assets shall be held, invested, and disbursed for the use and benefit of the society, and no member or beneficiary shall have or acquire individual rights therein or become entitled to any apportionment on the surrender of any part thereof, except as provided in the benefit contract. (b) A society may create, maintain, invest, disburse, and apply any special fund or funds necessary to carry out any purpose permitted by the laws of such society. (c) A society may, pursuant to resolution of its supreme governing body, establish and operate one or more separate accounts and issue contracts on a variable basis, subject to the provisions of law regulating life insurers establishing such accounts and issuing such contracts. To the extent the society deems it necessary in order to comply with any applicable federal or state laws or any rules issued thereunder, the society may adopt special procedures for the conduct of the business and affairs of a separate account; may, for persons having beneficial interests therein, provide special voting and other rights, including, without limitation, special rights and procedures relating to investment policy, investment advisory services, selection of certified public accountants, and selection of a committee to manage the business and affairs of the account; and may issue contracts on a variable basis to which subsections (b) and (d) of Code Section 33-15-63 shall not apply. 33-15-82. Except as otherwise provided in this chapter, societies shall be governed by this chapter and shall be exempt from all other provisions of the insurance laws of this state unless they are expressly designated therein or unless they are specifically made applicable by this chapter.

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33-15-83. Every society organized or licensed under this chapter is declared to be a charitable and benevolent institution, and all of its funds shall be exempt from all and every state, county, district, municipal, and school taxes other than taxes on real estate and office equipment. ARTICLE 6 33-15-100. (a) Standards of valuation for certificates issued prior to one year after January 1, 1994, shall be those provided by the laws applicable immediately prior to January 1, 1994. (b) The minimum standards of valuation for certificates issued on or after one year from January 1, 1994, shall be based on the following tables: (1) For certificates of life insurancethe Commissioners 1941 Standard Ordinary Mortality Table, the Commissioners 1941 Standard Industrial Table, the Commissioners 1958 Standard Ordinary Mortality Table, the Commissioners 1980 Standard Ordinary Mortality Table, or any more recent table made applicable to life insurers; and (2) For annuity and pure endowment certificates, for total and permanent disability benefits, for accidental death benefits, and for noncancelable accident and health benefitssuch tables as are authorized for use by life insurers in this state. All of the above shall be under valuation methods and standards, including interest assumptions, in accordance with the laws of this state applicable to life insurers issuing policies containing like benefits. (c) The Commissioner may, in his or her discretion, accept other standards for valuation if the Commissioner finds that the reserves produced thereby will not be less in the aggregate than reserves computed in accordance with the minimum valuation standard prescribed in subsection (b) of this Code section. The Commissioner may, in his or her discretion,

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vary the standards of mortality applicable to all benefit contracts on substandard lives or other extrahazardous lives by any society authorized to do business in this state. (d) Any society, with the consent of the commissioner of insurance of the state of domicile of the society and under such conditions, if any, which the commissioner may impose, may establish and maintain reserves on its certificates in excess of the reserves required thereunder, but the contractual rights of any benefit member shall not be affected thereby. 33-15-101. (a) Reports shall be filed in accordance with the provisions of this Code section. Every society transacting business in this state shall annually, on or before March 1, unless for cause shown such time has been extended by the Commissioner, file with the Commissioner a true statement of its financial condition, transactions, and affairs for the preceding calendar year. The statement shall be in general form and context as approved by the National Association of Insurance Commissioners for fraternal benefit societies and as supplemented by additional information required by the Commissioner. (b) As part of the annual statement required by this Code section, each society shall, on or before March 1, file with the Commissioner a valuation of its certificates in force on December 31 last preceding, provided the Commissioner may, in his or her discretion for cause shown, extend the time for filing such valuation for not more than two calendar months. Such valuation shall be done in accordance with the standards specified in Code Section 33-15-100. Such valuation and underlying data shall be certified by a qualified actuary or, at the expense of the society, verified by the actuary of the department of insurance of the state of domicile of the society. (c) A society neglecting to file the annual statement in the form and within the time provided by this Code section shall forfeit $100.00 for each day during which such neglect continues and, upon notice by the Commissioner to that effect, its authority to do business in this state shall cease while such default continues.

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33-15-102. Societies which are authorized on January 1, 1994, to transact business in this state and all societies licensed after such date but before June 30, 1994, may continue such business until June 30, 1994. The authority of such societies and all societies licensed may thereafter be renewed annually but in all cases to terminate on the succeeding June 30. However, a license so issued shall continue in full force and effect until the new license is issued or specifically refused. For each such license or renewal the society shall pay the Commissioner a fee as specified in Code Section 33-8-1. A duly certified copy or duplicate of such license shall be prima-facie evidence that the licensee is a fraternal benefit society within the meaning of this chapter. 33-15-103. (a) The Commissioner or any person he or she may appoint may examine any domestic, foreign, or alien society transacting or applying for admission to transact business in this state in the same manner as authorized for examination of domestic, foreign, or alien insurers. Requirements of notice and an opportunity to respond before findings are made public as provided in the laws regulating insurers shall also be applicable to the examination of societies. (b) The expense of each examination and of each valuation, including compensation and actual expenses of examiners, shall be paid by the society examined or whose certificates are valued, upon statements furnished by the Commissioner. 33-15-104. (a) No foreign or alien society shall transact business in this state without a license issued by the Commissioner. Any such society desiring admission to this state shall comply substantially with the requirements and limitations of this chapter applicable to domestic societies. Any such society may be licensed to transact business in this state upon a showing that its assets are invested in accordance with the provisions of this chapter and upon filing with the Commissioner: (1) A duly certified copy of its charter of incorporation;

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(2) A copy of its bylaws, certified by its secretary or corresponding officer; (3) A power of attorney to the Commissioner as prescribed in Code Section 33-15-120; (4) A statement of its business under oath of its president and secretary or corresponding officers in a form prescribed by the Commissioner, duly verified by an examination made by the supervising insurance official of its home state or other state, territory, province, or country, satisfactory to the Commissioner of this state; (5) Certification from the proper official of its home state, territory, province, or country that the society is legally incorporated and licensed to transact business therein; (6) Copies of its certificate forms; and (7) Such other information as the Commissioner may deem necessary. (b) A society domiciled in any other state, territory, province, or country shall comply fully with this chapter and agree to be treated as a domestic society unless: (1) The state, territory, province, or country of domicile is accredited under the National Association of Insurance Commissioners Financial Regulation Standards and Accreditation Program. This paragraph shall apply on and after January 1, 1994; and (2) The state, territory, province, or country of domicile has a statute or regulation governing fraternal benefit societies which is substantially similar to this chapter. 33-15-105. (a) When the Commissioner upon investigation finds that a domestic society: (1) Has exceeded its powers;

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(2) Has failed to comply with any provision of this chapter; (3) Is not fulfilling its contracts in good faith; (4) Has a membership of less than 400 after an existence of one year or more; or (5) Is conducting business fraudulently or in a manner hazardous to its members, creditors, the public, or the business, the Commissioner shall notify the society of such deficiency or deficiencies in the manner and under the procedures provided by Chapter 2 of this title. (b) A domestic society may surrender its charter under the procedure in Code Section 33-14-25. 33-15-106. (a) When the Commissioner upon investigation finds that a foreign or alien society transacting or applying to transact business in this state: (1) Has exceeded its powers; (2) Has failed to comply with any of the provisions of this chapter; (3) Is not fulfilling its contracts in good faith; or (4) Is conducting its business fraudulently or in a manner hazardous to its members or creditors or the public, the Commissioner shall notify the society of such deficiency or deficiencies in the manner and under the procedures provided by Chapter 2 of this title. (b) Nothing contained in this Code section shall be taken or construed as preventing any such society from continuing in good faith all contracts made in this state during

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the time such society was legally authorized to transact business in this state. 33-15-107. (a) Except as provided in subsections (b) and (c) of this Code section, agents of societies shall be licensed in accordance with the provisions of Chapter 23 of this title. (b) No examination or license shall be required of any regular salaried officer, employee, or member of a licensed society who devotes substantially all of his or her services to activities other than the solicitation of fraternal insurance contracts from the public, and who receives for the solicitation of such contracts no commission or other compensation directly dependent upon the amount of business obtained. (c) Any agent or representative of a society who devotes, or intends to devote, less than 50 percent of his time to solicitation and procurement of insurance contracts for such society shall be exempt from the requirements of subsection (a) of this Code section. Any person who in the immediately preceding calendar year solicited and procured life insurance contracts on behalf of any society on the persons of more than 25 individuals and who received or will receive a commission or other compensation therefor, is presumed to be devoting or intending to devote 50 percent of his time to the solicitation or procurement of insurance contracts for the society. 33-15-108. Every society authorized to do business in this state shall be subject to the provisions of Chapter 6 of this title, relating to unfair trade practices; provided, however, that nothing in such provisions shall be construed as applying to or affecting the right of any society to determine its eligibility requirements for membership or be construed as applying to or affecting the offering of benefits exclusively to members or persons eligible for membership in the society by a subsidiary corporation or affiliated organization of the society.

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ARTICLE 7 33-15-120. (a) Every society authorized to do business in this state shall appoint in writing the Commissioner and each successor in office to be its true and lawful attorney upon whom all lawful process in any action or proceeding against it shall be served and shall agree in such writing that any lawful process against it which is served on said attorney shall be of the same legal force and validity as if served upon the society and that the authority shall continue in force so long as any liability remains outstanding in this state. Copies of such appointment, certified by said 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. (b) Service shall only be made upon the Commissioner or, if absent, upon the person in charge of the Commissioner's office. It shall be made in duplicate and shall constitute sufficient service upon the society. When legal process against a society is served upon the Commissioner, the Commissioner shall forthwith forward one of the duplicate copies by registered or certified mail, prepaid, directed to the secretary or corresponding officer. No such service shall require a society to file its answer, pleading, or defense in less than 30 days from the date of mailing the copy of the service to a society. Legal process shall not be served upon a society except in the manner provided in this Code section. At the time of serving any process upon the Commissioner, the plaintiff or complainant in the action shall pay to the Commissioner a fee of $15.00. 33-15-121. All decisions and findings of the Commissioner made under the provisions of this chapter shall be subject to review as provided by Chapter 2 of this title. 33-15-122. (a) Any person, officer, member, or examining physician of any society doing business under this chapter who shall knowingly or willfully make any false or fraudulent statement or representation in or relating to any application for membership or for the purpose of obtaining money from or a benefit in any society shall be guilty of a misdemeanor.

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(b) Any person who willfully makes a false or fraudulent statement in any verified report or declaration under oath required or authorized by this chapter or of any material fact or thing contained in a sworn statement concerning the death or disability of an insured for the purpose of procuring payment of a benefit named in the certificate shall be guilty of false swearing and shall be subject to the penalties therefor prescribed by Code Section 16-10-71. (c) Any person who solicits membership for, or in any manner assists in procuring membership in, any society not licensed to do business in this state shall, upon conviction thereof, be fined not less than $50.00 nor more than $200.00. (d) Any person guilty of a willful violation of, or neglect or refusal to comply with, the provisions of this chapter for which a penalty is not otherwise prescribed shall, upon conviction thereof, be subject to a fine not to exceed $200.00. 33-15-123. (a) Nothing contained in this chapter shall be so construed as to affect or apply to: (1) Grand or subordinate lodges of societies, orders, or associations doing business in this state on January 1, 1994, which provide benefits exclusively through local or subordinate lodges; (2) Orders, societies, or associations which admit to membership only persons engaged in one or more crafts or hazardous occupations or persons in the same or similar lines of business, insuring only their own members and their families, and the ladies' societies or ladies' auxiliaries to such orders, societies, or associations; (3) Orders, societies, or associations insuring only their own members, their families and descendents of members, and the ladies' societies or ladies' auxiliaries to such orders, societies, or associations; (4) Domestic societies which limit their membership to employees of a particular city or town, designated firm, business house, or corporation which provide for a

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death benefit of not more than $400.00 or disability benefits of not more than $350.00 to any person in any one year, or both; or (5) Domestic societies or associations of a purely religious, charitable, or benevolent description which provide for a death benefit of not more than $400.00 or for disability benefits of not more than $350.00 to any one person in any one year, or both. (b) Any such society or association described in paragraph (3) or (5) of subsection (a) of this Code section which provides for death or disability benefits for which benefit certificates are issued, and any such society or association included in paragraph (5) of subsection (a) of this Code section which has more than 1,000 members shall not be exempted from the provisions of this chapter but shall comply with all requirements of this chapter. (c) No society which, by the provisions of this Code section, is exempt from the requirements of this chapter, except any society described in paragraph (2) or (3) of subsection (a) of this Code section, shall give or allow, or promise to give or allow, to any person any compensation for procuring new members. (d) Every society which provides for benefits in case of death or disability resulting solely from accident and which does not obligate itself to pay natural death or sick benefits shall have all of the privileges and be subject to all the applicable provisions and regulations of this chapter except that the provisions thereof relating to medical examination, valuations of benefit certificates, and incontestability shall not apply to such society. (e) The Commissioner may require from any society or association, by examination or otherwise, such information as will enable the Commissioner to determine whether such society or association is exempt from the provisions of this chapter.

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(f) Societies exempted under the provisions of this Code section shall also be exempt from all other provisions of the general insurance laws of this state. Section 2. This Act shall become effective July 1, 1993, and shall apply on and after such date for all new or newly admitted societies. For societies admitted prior to July 1, 1993, this Act shall apply on and after January 1, 1994. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1993. MILITIA RIGHTS, PRIVILEGES, AND PROHIBITIONS OF MEMBERS APPLICABLE TO RESIDENTS WHO ARE MILITIA MEMBERS OF ANOTHER STATE. Code Section 38-2-284 Enacted. No. 596 (House Bill No. 428). AN ACT To amend Part 4 of Article 3 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to rights, privileges, and prohibitions applicable to personnel of the organized militia, so as to extend such rights, privileges, and prohibitions to residents of this state who are members of the organized militia of another state; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Part 4 of Article 3 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to rights, privileges, and prohibitions applicable to personnel of the organized

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militia, is amended by inserting at the end thereof the following: 38-2-284. Any other provision of law to the contrary notwithstanding, the provisions of this part shall apply to residents of this state who are personnel of the Army National Guard or Air National Guard of any other state. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1993. CONSERVATION AND NATURAL RESOURCES COMBINED SEWER OVERFLOW SYSTEM; OPERATION. Code Section 12-5-29.1 Amended. No. 597 (Senate Bill No. 19). 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 provide that any person operating a combined sewer overflow system in violation of such article shall not be prohibited from adding any additional sewer connections to such combined sewer overflow system; 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 subsection (c) of Code Section 12-5-29.1, relating to plans for the elimination or treatment of sewage overflow, and inserting in lieu thereof the following:

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(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. 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.

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Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1993. TAXATION TRANSFER OF EXECUTIONS TO PERSONS WHO ARE NOT HEIRS OR EQUITY HOLDERS; WAIVER OF HOMESTEAD EXEMPTION FOR FAILURE TO FILE APPLICATION; TIME FOR APPEAL FROM ASSESSMENT. Code Sections 48-3-19, 48-5-54, and 48-5-311 Amended. No. 598 (Senate Bill No. 125). AN ACT To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change the circumstances under which persons may pay certain executions and become the transferees of such execution; to provide that failure to file a written application and schedule shall not be cause for waiver of certain homestead exemptions; to provide for conditions; to provide for notice; to change the time period within which a taxpayer may appeal an assessment by the county board of tax assessors; 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. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking subsection (c) of Code Section 48-3-19, relating to transfer of executions issued for state, county, or municipal taxes, and inserting in its place a new subsection (c) to read as follows: (c) No person may pay an execution issued for ad valorem property taxes and thereby become the transferee of

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such execution as provided in subsection (a) of this Code section if the person is not a lawful heir or an equity holder in such property unless and until: (1) Such person has notified the individual against whom the execution has issued by certified mail of his intention to pay such execution and unless and until 60 days have elapsed since the giving of such notice; or (2) In the event that such notice by certified mail is returned undelivered, such person shall be required to publish such notice not less than once a week for three weeks in the legal organ of the county in which the execution was entered on the general execution docket of the superior court. Such person shall be required to show proof to the tax official who issued the execution that such notice was advertised in compliance with this paragraph. Section 2. Said title is further amended by striking Code Section 48-5-54, relating to homestead exemption applications for properties with multiple titleholders and properties held by administrators, executors, or trustees, and inserting in its place a new Code Section 48-5-54 to read as follows: 48-5-54. (a) The exemptions granted to the homestead pursuant to this part shall extend to and shall apply to those properties the legal title to which is vested in one or more titleholders if actually occupied by one or more of such owners as a residence. In such instances, such exemptions shall be granted to such properties if claimed in the manner provided by law by one or more of the owners actually residing on such property. Such exemptions shall also extend to those homesteads the title to which is vested in an administrator, executor, or trustee if one or more of the heirs or cestui que uses residing on such property claims the exemption in the manner provided by law. The provisions of this Code section shall also apply to exemptions granted to the homestead by any local law adopted after July 1, 1984, unless the local law expressly provides to the contrary.

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(b) The failure to file properly the application and schedule shall not be cause for waiver of the exemption where such waiver arises because of an administrator's or executor's deed transferring the property to a surviving spouse. In such instances, the board of tax assessors shall give notice of its intent to deny the exemption as required by Code Section 48-5-49, and the surviving spouse may make application for the amount of homestead exemption to which such applicant is entitled within 30 days from the date of the notice by the board of tax assessors. Section 3. Said title is further amended by striking subparagraph (e)(2)(A) of Code Section 48-5-311, relating to the creation of county boards of equalization and the review of property assessments, and inserting in its place a new subparagraph (e)(2)(A) to read as follows: (A) An appeal shall be effected by filing with the county board of tax assessors a notice of appeal within 45 days from the date of mailing the notice pursuant to Code Section 48-5-306 except that for counties or municipal corporations providing for the collection and payment of ad valorem taxes in installments the time for filing the notice of appeal shall be 30 days. A written objection to an assessment of real property received by a county board of tax assessors stating the location of the real property and the identification number, if any, contained in the tax notice shall be deemed a notice of appeal by the taxpayer under the grounds listed in paragraph (1) of this subsection. A written objection to an assessment of personal property received by a county board of tax assessors giving the account number, if any, contained in the tax notice and stating that the objection is to an assessment of personal property shall be deemed a notice of appeal by the taxpayer under the grounds listed in paragraph (1) of this subsection. The county board of tax assessors shall review the valuation or denial in question and, if any changes or corrections are made in the valuation or decision in question, the board shall send a notice of the changes or corrections to the taxpayer pursuant to Code Section 48-5-306. 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

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if the taxpayer is dissatisfied with the changes or corrections made by the county board of tax assessors. Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and Section 1 of this Act shall be applicable to all executions issued for ad valorem taxes on or after July 1, 1993. Section 5. All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1993. LAW ENFORCEMENT OFFICERS AND AGENCIES POLICE CHIEFS AND DEPARTMENT HEADS; TRAINING. Code Section 35-8-20.1 Amended. No. 599 (Senate Bill No. 279). AN ACT To amend Code Section 35-8-20.1 of the Official Code of Georgia Annotated, relating to training for police chiefs and department heads appointed after a certain date, so as to increase the training requirements for police chiefs and department heads appointed after December 31, 1992, to a minimum of 60 hours of law enforcement chief executive training; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 35-8-20.1 of the Official Code of Georgia Annotated, relating to training for police chiefs and department heads appointed after a certain date, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:

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(a) Any newly appointed chief of police or department head of a law enforcement unit whose term of employment commences after December 31, 1992, shall complete a minimum of 60 hours of law enforcement chief executive training at the next scheduled law enforcement chief executive training class sponsored by the Georgia Association of Chiefs of Police following his or her appointment. Such training shall be in addition to the basic training required of peace officers in Code Section 35-8-9. Section 2. This Act shall become effective upon its approval by the Governor 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 28, 1993. CONSERVATION AND NATURAL RESOURCES STATE AUTHORITIES; FEASIBILITY OF PRIVATE SECTOR CONTRACTORS; CERTAIN PURCHASES. Code Title 12, Chapter 3 Amended. No. 600 (House Bill No. 941). AN ACT To amend Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, historic areas, and related matters, so as to provide that prior to undertaking or modifying projects of a certain magnitude, certain state authorities shall evaluate the feasibility of involving private persons or entities in any project and in any such activity; to change the membership of the authority; to change the operational jurisdiction of the authority; to revise the scope and definition of a project of the authority; to remove the prohibition on acquisition of encumbered property; to charge tolls, fees, rents, and assessments for use of

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authority property; to provide for purposes; to increase the amount of purchases for which bids are required; to change certain publication and notice requirements; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, historic areas, and related matters, is amended by striking in its entirety paragraph (6) of Code Section 12-3-194, relating to the powers of the Stone Mountain Memorial Association, and inserting in lieu thereof the following: (6) To construct, reconstruct, lay out, repair, develop, improve, maintain, equip, manage, and operate the project as defined in Code Section 12-3-191, the cost of any such action to be paid in whole or in part from the proceeds of revenue bonds of the association; provided, however, that the association shall not undertake any such activity having a projected cost of over $1,000,000.00 unless it has first evaluated the feasibility of involving private persons or entities in the development, construction, operation, and management of the project, including the proposed activities, and has filed a copy of such evaluation with the Office of Planning and Budget;. Section 2. Said chapter is further amended by striking in its entirety paragraph (6) of Code Section 12-3-235, relating to the powers of the Jekyll IslandState Park Authority, and inserting in lieu thereof the following: (6) To plan, survey, subdivide, improve, administer, construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects as defined in Code Section 12-3-231, to be located on property owned or leased by the authority, the cost of any such project to be paid from its income, from the proceeds of revenue anticipation certificates of the authority, or from such proceeds and any grant from the United States of America or any agency or instrumentality thereof, or from the State of

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Georgia; provided, however, that the authority shall not undertake any such activity having a projected cost of over $1,000,000.00 unless it has first evaluated the feasibility of involving private persons or entities in the development, construction, operation, and management of the authority's existing projects and such proposed activities and has filed a copy of such evaluation with the Office of Planning and Budget;. Section 3. Said chapter is further amended by striking in its entirety paragraph (6) of Code Section 12-3-294, relating to the powers of the North Georgia Mountains Authority, and inserting in lieu thereof the following: (6) To plan, survey, subdivide, improve, administer, construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects as defined in Code Section 12-3-291, to be located on property owned or leased by the authority or the state. The cost of any such project may be paid in whole or in part from funds of or available to the authority including but not limited to borrowed money, income, the proceeds of revenue bonds of the authority, and any grant from the United States of America or any agency or instrumentality thereof or from the State of Georgia; provided, however, that the authority shall not undertake any such activity having a projected cost of over $1,000,000.00 unless it has first evaluated the feasibility of involving private persons or entities in the development, construction, operation, and management of the authority's existing projects and such proposed activities and has filed a copy of such evaluation with the Office of Planning and Budget. Section 4. Said chapter is further amended by striking in its entirety paragraph (5) of Code Section 12-3-314, relating to the powers of the Lake Lanier Islands Development Authority, and inserting in lieu thereof the following: (5) To plan, survey, subdivide, administer, construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects as defined in this part, such projects to be located on property

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owned or leased by the authority. The cost of any such project shall be paid from its income, from the proceeds of revenue anticipation certificates of the authority, or from such proceeds and any loan, gift, or grant from the United States of America or any agency or instrumentality thereof, or the State of Georgia, or any county, municipal, or local government or governing body; provided, however, that the authority shall not undertake any such activity having a projected cost of over $1,000,000.00 unless it has first evaluated the feasibility of involving private persons or entities in the development, construction, operation, and management of the authority's existing projects and such proposed activities and has filed a copy of such evaluation with the Office of Planning and Budget;. Section 5. Said chapter is further amended by striking Code Section 12-3-401, relating to creation of the Upper Savannah River Development Authority, in its entirety and inserting in lieu thereof the following: 12-3-401. (a) There is created a body corporate and politic to be known as the Upper Savannah River Development Authority which shall be deemed to be a political subdivision of the State of Georgia and a public corporation by that name, style, and title. Said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity, except that the authority or the trustee acting under the trust indenture shall in no event be liable for any torts committed by any of the officers, agents, and employees. The authority is granted the same exemptions and exclusions from taxes as are now granted to cities and counties for the operation of facilities similar to facilities to be operated by the authority as provided under the provisions of this part. (b) The authority shall consist of seven members as follows: the commissioner of natural resources and six members appointed by the Governor with at least four of the six being residents of the counties in the geographic jurisdiction of the authority. Each appointment shall be for a term of four years and until a successor is appointed and qualified.

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(c) The members of the authority shall elect one of their members as chairperson and another as vice-chairperson. They shall also elect a secretary and a treasurer who need not be members. The offices of secretary and treasurer may be combined in one person. (d) The authority may make such bylaws for its government as is deemed necessary but is under no obligation to do so. (e) Any four 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. (f) 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. (g) A vacancy in one of the appointive positions shall be filled in the same manner as the original appointment for the remainder of the unexpired term. Section 6. Said chapter is further amended by striking Code Section 12-3-402, relating to definitions, in its entirety and inserting in lieu thereof the following: 12-3-402. (a) As used in this part, the term: (1) `Authority' means the Upper Savannah River Development Authority created in Code Section 12-3-401.

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(2) `Cost of the project' means and embraces the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired and the cost of all conveyances in fee simple of the authority's title thereto and leases thereof; the cost of all machinery and equipment; financing charges; interest prior to and during construction and for one year after completion of construction; cost of engineering, architectural, fiscal, and legal expenses, plans, and specifications; other expenses necessary or incident to determining the feasibility or practicability of the project; administrative expenses; and such other expenses as may be necessary or incident to the financing authorized in this part, the construction of any project, and the placing of the same in operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this part for such project. (3) `Geographic jurisdiction of the authority' means Elbert County and Hart County. (4) `Project' means and includes the acquisition, financing, construction, equipping, maintenance, marketing, or operation of boat docks; piers; roads, bridges, or other transportation facilities; boat ramps; cabins; private residences; commercial office and retail facilities; restaurants; motels; hotels; recreation centers and areas, including, but not limited to, playgrounds; parks; hiking, camping, and picnicking areas and facilities; swimming and wading pools; lakes; golf courses; tennis courts; athletic fields and courts; clubhouses; gymnasiums; auditoriums; and related buildings; and the usual and convenient facilities pertaining to such undertakings and extensions and improvements of such facilities; the acquisition of transportation facilities, parking facilities, or parking areas in connection therewith; the acquisition of the necessary property therefor, both real and personal; and the lease and sale of any part or all of such facilities, including real and personal property, so as to assure the efficient and proper development, maintenance, and operation

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of such recreational facilities and areas deemed by the authority to be necessary, convenient, or desirable. (5) `Public property' means any public property within the geographic jurisdiction of the authority. (6) `Revenue bonds,' `bonds,' and `obligations' mean revenue bonds as defined and provided for in Article 3 of Chapter 82 of Title 36 and such type of obligations may be issued by the authority as authorized under said Article 3 and, in addition, shall also mean obligations of the authority, the issuance of which are hereinafter specifically provided for in this part. (b) Any project shall be deemed `self-liquidating' if, in the judgment of the authority, the revenues and earnings to be derived by the authority therefrom and all properties used, leased, and sold in connection therewith will be sufficient to pay the cost of operating, maintaining, repairing, improving, and extending the project and to pay the principal of and interest on the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects. Section 7. Said chapter is further amended by striking Code Section 12-3-403, relating to powers of the authority, in its entirety and inserting in lieu thereof the following: 12-3-403. The authority shall have powers: (1) To have a seal and alter the same at pleasure; (2) To acquired by purchase, lease, or otherwise, with the exception of eminent domain, and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, real property or rights of easements therein or franchises necessary or convenient for its corporate purposes and to use the same so long as its corporate existence

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shall continue; to lease or make contracts with respect to the use of the same; or to dispose of the same in any manner it deems to the best advantage of the authority, subject to the provisions of Code Section 12-3-425. No property shall be acquired under the provisions of this part upon which any lien or other encumbrance exists unless, at the time such property is so acquired, a sufficient sum of money is deposited in trust to pay and redeem the fair value of such lien or encumbrance. If the authority shall deem it expedient to construct any project on any lands, the title to which shall then be in the State of Georgia, the Governor is authorized to convey, for and in behalf of the state, title to such lands to the authority upon payment to the State of Georgia for the credit of the general fund of the state the reasonable value of such lands, such value to be determined by three appraisers to be agreed upon by the Governor and the chairman of the authority. If the authority shall deem it expedient to construct any project on any lands, the title to which shall then be in a county or in any municipality incorporated in the geographic jurisdiction of the authority, the governing body of that county or municipality is authorized to convey title to such lands to the authority upon payment for the credit of the general funds of said counties or municipalities the reasonable value of such lands, such value to be determined by three appraisers to be agreed upon by the governing authority or body of said county or municipality and the chairman of the authority; (4) To appoint, select, and employ officers, agents, and employees, including, but not limited to engineering, architectural, and construction experts; fiscal agents; and attorneys and fix their respective compensations; (5) To make contracts and leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and to dispose by conveyance of its title in fee simple of real and personal property of every kind and character, subject to the provisions of

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Code Section 12-3-425. Any and all persons, firms and corporations, the state, and any and all political subdivisions, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable; and, without limiting the generality of the above, authority is specifically granted to municipal corporations and counties and to the authority to enter into contracts and lease and sublease agreements with the State of Georgia or any agencies or departments thereof relative to parks and recreational centers, areas, and facilities and relative to any property, which such department or other agency or department of the State of Georgia has now or may hereafter obtain by lease from the United States government or any agency or department thereof, and with the United States government or any agency or department thereof. The authority is specifically authorized to convey title, in fee simple, to any and all of its lands and any improvements thereon to any persons, firms, corporations, municipalities, the State of Georgia, or the United States government, or any agency or department thereof, subject to the rights and interests of the holders of any of the bonds or obligations authorized to be issued pursuant to this part, by the resolution or trust indenture of the authority authorizing the issuance of any of its bonds or obligations as provided in Code Section 12-3-416; (6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects as defined in paragraph (3) of Code Section 12-3-402, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds or other funds of the authority or from such proceeds or other funds and any grant from the United States of America or any agency or instrumentality thereof; (7) To accept loans or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality may impose;

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(8) To accept loans or grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may impose; (9) To borrow money for any of its corporate purposes and to execute evidences of such indebtedness and to secure the same, to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof; (10) To exercise any power usually possessed by private corporations performing similar functions which is not in conflict with the Constitution and laws of this state; (11) The authority and the trustee acting under the trust indenture are specifically authorized from time to time to sell, lease, grant, exchange, or otherwise dispose of any surplus property, both real or personal, or interest therein not required in the normal operation of and usable in the furtherance of the purpose for which the authority was created, except as such right and power may be limited as provided in Code Section 12-3-416; (12) To borrow money for any of its corporate purposes from any bank, or other lending institutions and to execute evidences of such indebtedness and to secure the same; (13) To serve as an agency in managing, developing, and leasing property received or leased from the United States of America; (14) To fix, alter, charge, and collect tolls, fees, rents, charges, and assessments for the use of the facilities of or for the services rendered by the authority, such rates to be at least sufficient to provide for payment of all expenses of the authority, the conservation, maintenance,

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and operation of its facilities and properties, the payment of principal and interest on its notes, bonds, and other evidences of indebtedness or obligation, and to fulfill the terms and provisions of any agreement made with the purchasers and holders of any such notes, bonds, or other evidences of indebtedness or obligation; and (15) To do all things necessary or convenient to carry out the powers expressly given in this part. Section 8. Said chapter is further amended by striking Code Section 12-3-422, relating to the general purposes of the authority, in its entirety and inserting in lieu thereof the following: 12-3-422. Without limiting the generality of any provisions of this part, the general purpose of the authority is declared to be that of acquiring, constructing, financing, equiping, maintaining, marketing, or operating boat docks; piers; roads, bridges, or other transportation facilities; boat ramps; cabins; private residences; commercial office and retail facilities; restaurants; motels; hotels; recreational centers and areas, including, but not limited to, playgrounds; parks; hiking, camping, and picnicking areas; swimming and wading pools; lakes; golf courses; tennis courts; athletic fields and courts; clubhouses; gymnasiums; auditoriums; and related buildings; and the usual and convenient facilities pertaining to such undertakings and extensions and improvements of such facilities, acquiring transportation facilities, parking facilities, and parking areas in connection therewith and acquiring the necessary property therefor, both real and personal, and leasing or selling any or all of such facilities, including real property, and doing any and all things deemed by the authority to be necessary, convenient, or desirable for and incident to the efficient and proper development and operation of such types of undertakings. Section 9. Said chapter is further amended by striking Code Section 12-3-425, relating to meetings of the authority, in its entirety and inserting in lieu thereof the following:

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12-3-425. (a) All meetings of the authority shall be opened to the public at all times. Ample notice shall be given to all members of the authority and to the public of any special or called meeting of the authority. The minutes of all meetings and all actions taken by the authority shall likewise be opened to public inspection. (b) Each purchase made in behalf of the authority of personal property or services in excess of $5,000.00 shall be accomplished pursuant to competitive bids, after having published invitations to bid in one or more newspapers in general circulation in the state prior to the award of any contract. All bids shall be opened during meetings of the authority, and the rejection or acceptance thereof shall be entered upon the minutes of the authority. (c) Any surplus or unserviceable property of the authority shall be disposed of pursuant to competitive bids which shall be advertised in one or more newspapers in general circulation in the state. All bids for the disposal of such property shall be opened during public meetings of the authority, and the acceptance or rejection thereof shall be entered upon the minutes of the authority. (d) At the conclusion of each fiscal year of the authority, the affairs of the authority shall be audited by a certified public accounting firm. A synopsis of the audit shall be published in one or more newspapers in general circulation in the state as soon as the report of the auditors is submitted to the authority. (e) All funds of the authority which are not required for the normal operations of the authority shall be invested in interest-bearing investments within 30 days of their receipt by the authority. Section 10. All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1993.

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SPECIAL LICENSE PLATES VETERANS AWARDED PURPLE HEART; MANUFACTURING AND REGISTRATION FEES. Code Section 40-2-8 Amended. No. 601 (House Bill No. 113). AN ACT To amend Code Section 40-2-84 of the Official Code of Georgia Annotated, relating to license plates for veterans awarded the Purple Heart, so as to change certain manufacturing and registration fees for such license plates; 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 40-2-84 of the Official Code of Georgia Annotated, relating to license plates for veterans awarded the Purple Heart, is amended by striking said Code section in its entirety and inserting in lieu thereof the following: 40-2-84. (a) Motor vehicle owners who are veterans of the armed forces of the United States who have been awarded the Purple Heart citation shall be eligible to receive a special and distinctive vehicle license plate for a private passenger car or truck used for personal transportation, provided that the requisite number of applications are received by the commissioner as provided in subsection (b) of this Code section. Such license plate shall be issued in compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed in Article 2 of this chapter. (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 not more than one free license plate at a time; provided, however, that upon payment of the regular

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license fee provided for in Code Section 48-10-2 and payment of the manufacturing fee provided for in this Code section, a veteran may obtain an additional license for such license plate. 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 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 each additional 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 in subsection (d) of this Code section, such plates shall be nontransferable. (c) The special and distinctive vehicle license plates shall be as prescribed in Article 2 of this chapter for private passenger cars or trucks used for personal transportation. Additional words or symbols, in addition to the numbers and letters prescribed by law, shall be inscribed upon such license plates so as to identify distinctively the owner as a Purple Heart recipient. (d) Upon transfer of the ownership of a private passenger vehicle upon which there is a license plate distinctively identifying the owner thereof as such a veteran, such plate shall be removed and the authority to use the plate shall thereby be canceled; however, after such a transfer of ownership occurs, should the veteran acquire another motor vehicle, the license plate issued pursuant to this Code section

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may be transferred between vehicles as provided in Code Section 40-2-80. (e) For each additional special license plate issued under this Code section there shall be an additional $25.00 annual registration fee which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. Section 2. This Act shall become effective upon its approval by the Governor 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 28, 1993. AGRICULTURAL OR AQUACULTURAL FOOD PRODUCTS OR COMMODITIES CIVIL ACTIONS FOR DISPARAGEMENT. Code Title 2, Chapter 16 Enacted. No. 602 (House Bill No. 124). AN ACT To amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to provide for a civil action for the disparagement of agricultural or aquacultural food products or commodities; to provide for definitions; to provide for limitations of actions; 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 2 of the Official Code of Georgia Annotated, relating to agriculture, is amended by adding a new Chapter 16 to read as follows: CHAPTER 16 2-16-1. The General Assembly finds, determines, and declares that the production of agricultural and aquacultural food products and commodities constitutes an important and significant portion of the state economy and that it is imperative to protect the vitality of the agricultural and aquacultural economy for the citizens of this state by providing a cause of action for producers, marketers, or sellers to recover damages for the disparagement of any perishable product or commodity. 2-16-2. As used in this chapter, the term: (1) `Disparagement' means the willful or malicious dissemination to the public in any manner of false information that a perishable food product or commodity is not safe for human consumption. The information shall be deemed to be false if it is not based upon reasonable and reliable scientific inquiry, facts, or data. (2) `Perishable food product or commodity' means any agricultural or aquacultural food product which is sold or distributed in a form that will perish or decay beyond marketability within a period of time. (3) `Producers, processors, marketers, and sellers' shall include the entire chain from grower to consumer. 2-16-3. (a) Any person who produces, markets, or sells a perishable food product or commodity and suffers damage as a result of another person's disparagement of such perishable food products or commodities has a cause of action for damages and for any other relief a court of competent jurisdiction deems appropriate, including, but not limited to, compensatory and punitive damages.

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2-16-4. Any civil action for damages for disparagement of perishable agricultural or aquacultural food products or commodities shall be commenced within two years after the cause of action accrues. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1993. COMMERCE AND TRADE ASSISTIVE TECHNOLOGY WARRANTY ACT; EXPRESS WARRANTIES. Code Title 10, Chapter 1, Article 31 Enacted. No. 603 (House Bill No. 93). 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 enact the Assistive Technology Warranty Act; to define certain terms; to provide for express warranties; to provide for the duration of such warranties; to provide for repair of nonconformities; to provide for return and replacement of assistive technology devices; to provide for procedures for return of nonconforming assistive technology devices; to provide for calculation of refunds owing to consumers and security interest holders; to provide procedures and requirements for transferring real and legal possession of a nonconforming assistive technology device from the consumer to the manufacturer; to prohibit resale of returned nonconforming assistive technology devices without full disclosure; to provide for the return or replacement of assistive technology devices recommended by the assistive technology device manufacturer or dealer if the device does not meet the needs of the person with a disability; to providethat this article shall not limit any other rights or remedies available to the consumer; to provide that any waiver of a consumer's rights under this article is void; to authorize consumer actions for damages,

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fees, costs, and equitable relief; 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 31 to read as follows: ARTICLE 31 10-1-850. This article shall be known and may be cited as the `Assistive Technology Warranty Act.' 10-1-851. As used in this article, the term: (1) `Assistive technology device' means any device or equipment with a retail cost to a consumer of $1,000.00 or more, that assists a person with disabilities to perform specific tasks such as moving, walking, standing, speaking, breathing, hearing, seeing, learning, working, sleeping, reaching, grasping, or caring for himself or herself that would not be possible for such person without an assistive technology device. (2) `Assistive technology device dealer' means a person who is in the business of selling assistive technology devices. (3) `Assistive technology device lessor' means a person who leases an assistive technology device to a consumer, or who holds the lessor's rights under a written lease. (4) `Collateral costs' means expenses incurred by a consumer in connection with the repair of a nonconformity, including the costs of obtaining an alternative assistive technology device or other device used for mobility assistance. (5) `Consumer' means any of the following:

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(A) The purchaser of an assistive technology device, if the assistive technology device was purchased from an assistive technology device dealer or manufacturer for purposes other than resale. (B) A person to whom the assistive technology device is transferred for purposes other than resale, if the transfer occurs before the expiration of an express warranty applicable to the assistive technology device. (C) A person who may enforce the warranty. (D) A person who leases an assistive technology device from an assistive technology device lessor under a written lease. (6) `Demonstrator' means an assistive technology device used primarily for the purpose of demonstration to the public. (7) `Early termination cost' means any expense or obligation that anassistive technology device lessor incurs as a result of both the termination of a written lease before the termination date set forth in that lease and the return of an assistive technology device to a manufacturer under paragraph (3) of subsection (b) of Code Section 10-1-853. `Early termination cost' includes a penalty for prepayment under a finance arrangement. (8) `Early termination savings' means any expense or obligation that an assistive technology device lessor avoids as a result of both the termination of a written lease before the termination date set forth in that lease and the return of an assistive technology device to a manufacturer under paragraph (3) of subsection (b) of Code Section 10-1-853. `Early termination savings' includes an interest charge that the assistive technology device lessor would have paid to finance the assistive technology device or, if the assistive technology device lessor does not finance the assistive technology device, the difference between the total amount for which the lease obligates

Page 1800

the consumer during the period of the lease term remaining after the early termination and the present value of that amount at the date of the early termination. (9) `Manufacturer' means a person who manufactures or assembles assistive technology devices and agents of that person, including an importer, a distributor, factory branch, distributor branch, and any warrantors of the manufacturer's assistive technology devices but does not include an assistive technology device dealer. (10) `Nonconformity' means a condition or defect that substantially impairs the use, value, or safety of an assistive technology device, and that is covered by an express warranty applicable to the assistive technology device or to a component of the assistive technology device, but does not include a condition or defect that is the result of abuse, neglect, or unauthorized modification or alteration of the assistive technology device by a consumer. (11) `Reasonable attempt to repair' means any of the following occurring within the term of an express warranty applicable to a new assistive technology device or within one year after first delivery of the assistive technology device to a consumer, whichever is sooner: (A) The same nonconformity with the warranty is subject to repair at least four times by the manufacturer, assistive technology device lessor, or any of the manufacturer's authorized assistive technology device dealers and the nonconformity continues. (B) The assistive technology device is out of service for an aggregate of at least 30 days because of warranty nonconformities. 10-1-852. A manufacturer who sells an assistive technology device to a consumer, either directly or through an assistive technology device dealer, shall furnish the consumer with an express written warranty for the assistive technology

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device. The warranty shall as a minimum warrant that there are no defects in parts or performance. The duration of the express written warranty shall be not less than one year after first delivery of the assistive technology device to the consumer. If a manufacturer fails to furnish an express written warranty as required by this Code section, the assistive technology device shall be covered by an express warranty as if the manufacturer had furnished an express written warranty to the consumer as required by this Code section. 10-1-853. (a) If a new assistive technology device does not conform to an applicable express warranty and the consumer reports the nonconformity to the manufacturer, the assistive technology device lessor, or any of the manufacturer's authorized assistive technology device dealers and makes the assistive technology device available for repair before one year after first delivery of the assistive technology device to a consumer, the nonconformity shall be repaired at the manufacturer's expense to correct the nonconformity regardless of whether the repairs are made after expiration of the warranty rights period. If in any subsequent proceeding it is determined that the consumer's repair did not qualify under this article, and the manufacturer was not otherwise obligated to repair the assistive technology device, the consumer shall be liable to the manufacturer for costs of repair. (b) (1) If, after a reasonable attempt to repair, the nonconformity is not repaired, the manufacturer shall carry out the requirement under paragraph (2) or (3) of this subsection, whichever is appropriate. (2) At the direction of a consumer as defined in sub-paragraph (A), (B), or (C) of paragraph (2) of Code Section 10-1-851, the manufacturer shall do one of the following: (A) Accept return of the assistive technology device and replace the assistive technology device with a comparable new assistive technology device and refund any collateral costs.

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(B) Accept return of the assistive technology device and refund to the consumer and to any holder of a perfected security interest in the consumer's assistive technology device, as their interest may appear, the full purchase price plus any finance charge, amount paid by the consumer at the point of sale, and collateral costs, less a reasonable allowance for use. Under this subparagraph, a reasonable allowance for use may not exceed the amount obtained by multiplying the full purchase price of the assistive technology device by a fraction, the denominator of which is 1,825 and the numerator of which is the number of days that the assistive technology device was used before the consumer first reported the nonconformity to the assistive technology device dealer. (3) (A) At the direction of a consumer as defined in subparagraph (D) of paragraph (2) of Code Section 10-1-851, the manufacturer shall: (i) Accept return of the assistive technology device; (ii) Refund to the assistive technology device lessor and to any holder of a perfected security interest in the assistive technology device, as their interest may appear, the current value of the written lease as defined in subparagraph (B) of this paragraph; and (iii) Refund to the consumer the amount that the consumer paid under the written lease plus any collateral costs, less a reasonable allowance for use as defined in subparagraph (C) of this paragraph. (B) The current value of the written lease equals the total amount for which that lease obligates the consumer during the period of the lease remaining after its early termination plus the assistive technology device dealer's early termination costs and the value of the assistive technology device at the lease

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expiration date if the lease sets forth that value, less the assistive technology device lessor's early termination savings. (C) A reasonable allowance for use may not exceed the amount obtained by multiplying the total amount for which the written lease obligates the consumer by a fraction, the denominator of which is 1,825 and the numerator of which is the number of days that the consumer drove the assistive technology device before first reporting the nonconformity to the manufacturer, assistive technology device lessor, or assistive technology device dealer. (c) To receive a comparable new assistive technology device or a refund due under paragraph (1) or (2) of subsection (b) of this Code section, a consumer, as defined under subparagraph (A), (B), or (C) of paragraph (2) of Code Section 10-1-851, shall offer to transfer possession of the assistive technology device having the nonconformity to the manufacturer of that assistive technology device. No later than 30 days after that offer, the manufacturer shall provide the consumer with a comparable new assistive technology device or a refund. When the manufacturer provides the new assistive technology device or refund, the consumer shall return the assistive technology device having the nonconformity to the manufacturer, along with any endorsements necessary to transfer legal possession to the manufacturer. (d) (1) To receive a refund due under paragraph (3) of subsection (b) of this Code section, a consumer as defined under subparagraph (D) of paragraph (2) of Code Section 10-1-851, shall offer to return the assistive technology device having the nonconformity to the manufacturer of that assistive technology device. No later than 30 days after that offer, the manufacturer shall provide the refund to the consumer. When the manufacturer provides the refund, the consumer shall return the assistive technology device having the nonconformity to the manufacturer.

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(2) To receive a refund due under paragraph (3) of subsection (b) of this Code section, an assistive technology device lessor shall offer to transfer possession of the assistive technology device having the nonconformity to the manufacturer of that assistive technology device. No later than 30 days after that offer, the manufacturer shall provide the refund to the assistive technology device lessor. When the manufacturer provides the refund, the assistive technology device lessor shall provide any endorsements necessary to transfer legal possession to the manufacturer. (3) No person may enforce the lease against the consumer after the consumer receives a refund due under paragraph (3) of subsection (b) of this Code section. (e) No assistive technology device returned by a consumer or assistive technology device lessor in this state under subsection (b) of this Code section or by a consumer or assistive technology device lessor in another state under a similar law of that state may be sold or leased again in this state unless full disclosure of the reasons for return is made to any prospective buyer or lessee. 10-1-854. A manufacturer or assistive technology device dealer who recommends and sells an assistive technology device to a consumer shall accept a return of the assistive technology device within 30 days after the purchase if the assistive technology device does not meet the needs of the person with the disability. The manufacturer or assistive technology dealer shall provide a refund in conformity with the provisions established within paragraph (2) of subsection (b) of Code Section 10-1-853. 10-1-855. (a) This article shall not be deemed to limit rights or remedies available to a consumer under any other law or contract. (b) Any waiver by a consumer of rights under this article is void.

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(c) In addition to pursuing any other remedy, a consumer may bring an action to recover for any damages caused by a violation of this article. The court shall award a consumer who prevails in such an action twice the amount of any pecuniary loss together with costs, disbursements, and reasonable attorney fees and any equitable relief that the court determines is appropriate. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1993. COMMERCE AND TRADE MOTORIZED WHEELCHAIR WARRANTY ACT; EXPRESS WARRANTIES. Code Title 10, Chapter 1, Article 31 Enacted. No. 604 (Senate Bill No. 11). 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 enact the Motorized Wheelchair Warranty Act; to define certain terms; to provide for express warranties; to provide for the duration of such warranties; to provide for repair of nonconformities; to provide for return and replacement of wheelchairs; to provide for procedures for return of nonconforming wheelchairs; to provide for calculation of refunds owing to consumers and security interest holders; to provide procedures and requirements for transferring real and legal possession of a nonconforming wheelchair from the consumer to the manufacturer; to prohibit resale of returned nonconforming motorized wheelchairs without full disclosure; to provide that this article shall not limit any other rights or remedies available to the consumer; to provide that any waiver of a consumer's rights under this article is void; to authorize consumer actions for damages, fees,

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costs, and equitable relief; 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 31 to read as follows: ARTICLE 31 10-1-850. This article shall be known and may be cited as the `Motorized Wheelchair Warranty Act.' 10-1-851. As used in this article, the term: (1) `Collateral costs' means expenses incurred by a consumer in connection with the repair of a nonconformity, including the costs of obtaining an alternative wheelchair or other device used for mobility assistance. (2) `Consumer' means any of the following: (A) The purchaser of a motorized wheelchair, if the motorized wheelchair was purchased from a motorized wheelchair dealer or manufacturer for purposes other than resale. (B) A person to whom the motorized wheelchair is transferred for purposes other than resale, if the transfer occurs before the expiration of an express warranty applicable to the motorized wheelchair. (C) A person who may enforce the warranty. (D) A person who leases a motorized wheelchair from a motorized wheelchair lessor under a written lease.

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(3) `Demonstrator' means a motorized wheelchair used primarily for the purpose of demonstration to the public. (4) `Early termination cost' means any expense or obligation that a motorized wheelchair lessor incurs as a result of both the termination of a written lease before the termination date set forth in that lease and the return of a motorized wheelchair to a manufacturer under paragraph (3) of subsection (b) of Code Section 10-1-853. `Early termination cost' includes a penalty for prepayment under a finance arrangement. (5) `Early termination savings' means any expense or obligation that a motorized wheelchair lessor avoids as a result of both the termination of a written lease before the termination date set forth in that lease and the return of a motorized wheelchair to a manufacturer under paragraph (3) of subsection (b) of Code Section 10-1-853. `Early termination savings' includes an interest charge that the motorized wheelchair lessor would have paid to finance the motorized wheelchair or, if the motorized wheelchair lessor does not finance the motorized wheelchair, the difference between the total amount for which the lease obligates the consumer during the period of the lease term remaining after the early termination and the present value of that amount at the date of the early termination. (6) `Manufacturer' means a person who manufactures or assembles motorized wheelchairs and agents of that person, including an importer, a distributor, factory branch, distributor branch, and any warrantors of the manufacturer's motorized wheelchairs but does not include a motorized wheelchair dealer. (7) `Motorized wheelchair' means any motor-driven wheelchair, including a demonstrator, that a consumer purchases or accepts transfer of in this state. (8) `Motorized wheelchair dealer' means a person who is in the business of selling motorized wheelchairs.

Page 1808

(9) `Motorized wheelchair lessor' means a person who leases a motorized wheelchair to a consumer, or who holds the lessor's rights, under a written lease. (10) `Nonconformity' means a condition or defect that substantially impairs the use, value, or safety of a motorized wheelchair, and that is covered by an express warranty applicable to the motorized wheelchair or to a component of the motorized wheelchair, but does not include a condition or defect that is the result of abuse, neglect, or unauthorized modification or alteration of the motorized wheelchair by a consumer. (11) `Reasonable attempt to repair' means any of the following occurring within the term of an express warranty applicable to a new motorized wheelchair or within one year after first delivery of the motorized wheelchair to a consumer, whichever is sooner: (A) The same nonconformity with the warranty is subject to repair at least four times by the manufacturer, motorized wheelchair lessor, or any of the manufacturer's authorized motorized wheelchair dealers and the nonconformity continues. (B) The motorized wheelchair is out of service for an aggregate of at least 30 days because of warranty nonconformities. 10-1-852. A manufacturer who sells a motorized wheelchair to a consumer, either directly or through a motorized wheelchair dealer, shall furnish the consumer with an express written warranty for the motorized wheelchair warranting parts and performance. The duration of the express written warranty shall be not less than one year after first delivery of the motorized wheelchair to the consumer. If a manufacturer fails to furnish an express written warranty as required by this Code section, the motorized wheelchair shall be covered by an express warranty as if the manufacturer had furnished an express written warranty to the consumer as required by this Code section.

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10-1-853. (a) If a new motorized wheelchair does not conform to an applicable express warranty and the consumer reports the nonconformity to the manufacturer, the motorized wheelchair lessor, or any of the manufacturer's authorized motorized wheelchair dealers and makes the motorized wheelchair available for repair before one year after first delivery of the motorized wheelchair to a consumer, the nonconformity shall be repaired at the manufacturer's expense to correct the nonconformity regardless of whether the repairs are made after expiration of the warranty rights period. If in any subsequent proceeding it is determined that the consumer's repair did not qualify under this article, and the manufacturer was not otherwise obligated to repair the motorized wheelchair, the consumer shall be liable to the manufacturer for costs of repair. (b) (1) If, after a reasonable attempt to repair, the nonconformity is not repaired, the manufacturer shall carry out the requirement under paragraph (2) or (3) of this subsection, whichever is appropriate. (2) At the direction of a consumer as defined in subparagraph (A), (B), or (C) of paragraph (2) of Code Section 10-1-851, the manufacturer shall do one of the following: (A) Accept return of the motorized wheelchair and replace the motorized wheelchair with a comparable new motorized wheelchair and refund any collateral costs. (B) Accept return of the motorized wheelchair and refund to the consumer and to any holder of a perfected security interest in the consumer's motorized wheelchair, as their interest may appear, the full purchase price plus any finance charge, amount paid by the consumer at the point of sale, and collateral costs, less a reasonable allowance for use. Under this subparagraph, a reasonable allowance for use may not exceed the amount obtained by multiplying the full purchase price of the motorized wheelchair by a fraction, the denominator of which is 1,825 and the

Page 1810

numerator of which is the number of days that the motorized wheelchair was driven before the consumer first reported the nonconformity to the motorized wheelchair dealer. (3) (A) At the direction of a consumer as defined in subparagraph (D) of paragraph (2) of Code Section 10-1-851, the manufacturer shall: (i) Accept return of the motorized wheelchair; (ii) Refund to the motorized wheelchair lessor and to any holder of a perfected security interest in the motorized wheelchair, as their interest may appear, the current value of the written lease as defined in subparagraph (B) of this paragraph; and (iii) Refund to the consumer the amount that the consumer paid under the written lease plus any collateral costs, less a reasonable allowance for use as defined in subparagraph (C) of this paragraph. (B) The current value of the written lease equals the total amount for which that lease obligates the consumer during the period of the lease remaining after its early termination plus the motorized wheelchair dealer's early termination costs and the value of the motorized wheelchair at the lease expiration date if the lease sets forth that value, less the motorized wheelchair lessor's early termination savings. (C) A reasonable allowance for use may not exceed the amount obtained by multiplying the total amount for which the written lease obligates the consumer by a fraction, the denominator of which is 1,825 and the numerator of which is the number of days that the consumer drove the motorized wheelchair before first reporting the nonconformity to the

Page 1811

manufacturer, motorized wheelchair lessor, or motorized wheelchair dealer. (c) To receive a comparable new motorized wheelchair or a refund due under paragraph (1) or (2) of subsection (b) of this Code section, a consumer, as defined under subparagraph (A), (B), or (C) of paragraph (2) of Code Section 10-1-851, shall offer to transfer possession of the motorized wheelchair having the nonconformity to the manufacturer of that motorized wheelchair. No later than 30 days after that offer, the manufacturer shall provide the consumer with a comparable new motorized wheelchair or a refund. When the manufacturer provides the new motorized wheelchair or refund, the consumer shall return the motorized wheelchair having the nonconformity to the manufacturer, along with any endorsements necessary to transfer legal possession to the manufacturer. (d) (1) To receive a refund due under paragraph (3) of subsection (b) of this Code section, a consumer as defined under subparagraph (D) of paragraph (2) of Code Section 10-1-851, shall offer to return the motorized wheelchair having the nonconformity to the manufacturer of that motorized wheelchair. No later than 30 days after that offer, the manufacturer shall provide the refund to the consumer. When the manufacturer provides the refund, the consumer shall return the motorized wheelchair having the nonconformity to the manufacturer. (2) To receive a refund due under paragraph (3) of subsection (b) of this Code section, a motorized wheelchair lessor shall offer to transfer possession of the motorized wheelchair having the nonconformity to the manufacturer of that motorized wheelchair. No later than 30 days after that offer, the manufacturer shall provide the refund to the motorized wheelchair lessor. When the manufacturer provides the refund, the motorized wheelchair lessor shall provide any endorsements necessary to transfer legal possession to the manufacturer.

Page 1812

(3) No person may enforce the lease against the consumer after the consumer receives a refund due under paragraph (3) of subsection (b) of this Code section. (e) No motorized wheelchair returned by a consumer or motorized wheelchair lessor in this state under subsection (b) of this Code section or by a consumer or motorized wheelchair lessor in another state under a similar law of that state may be sold or leased again in this state unless full disclosure of the reasons for return is made to any prospective buyer or lessee. 10-1-854. (a) This article shall not be deemed to limit rights or remedies available to a consumer under any other law or contract. (b) Any waiver by a consumer of rights under this article is void. (c) In addition to pursuing any other remedy, a consumer may bring an action to recover for any damages caused by a violation of this article. The court shall award a consumer who prevails in such an action twice the amount of any pecuniary loss together with costs, disbursements, and reasonable attorney fees and any equitable relief that the court determines is appropriate. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1993.

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PROPERTY UNCLAIMED PROPERTY; PAYMENT TO COMMISSIONER OF REVENUE; EXECUTION; STATE RECOGNITION OF AMERICAN INDIAN TRIBES. Code Section 44-12-231 Amended. Code Section 44-12-300 Enacted. No. 605 (House Bill No. 265). AN ACT To amend Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to rights in personalty, so as to provide for the manner in which the state revenue commissioner may compel the remittance of certain abandoned property; to provide for procedures; to recognize officially certain American Indian tribes of Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to rights in personalty, is amended by striking Code Section 44-12-231, relating to enforcement authority, and inserting in its place a new Code Section 44-12-231 to read as follows: 44-12-231. (a) The commissioner may bring an action in a court of competent jurisdiction to enforce this article. Notwithstanding the provisions of Code Section 44-12-214, the commissioner shall commence enforcement for the reporting, payment, or delivery of property presumed abandoned under this article, with the exception of property held in a fiduciary capacity, not later than seven years from the date the property is presumed abandoned. (b) Properties due and owing under this Code section and not paid over to the commissioner on a timely basis shall be paid upon notice and demand by the commissioner or the commissioner's delegate and shall be assessed and collected in the manner provided for assessment and collection of

Page 1814

state taxes in Chapters 2, 3, and 4 of Title 48. The commissioner is authorized to issue an execution for the amounts due as provided in Code Section 48-3-1. The remedies specified in this subsection shall be in addition to all other remedies provided for in this article. Section 2. Said chapter is further amended by inserting at the end of Article 7, relating to the protection of American Indian burial objects, the following: Part 3 44-12-300. (a) The State of Georgia officially recognizes as legitimate American Indian tribes of Georgia the following tribes, bands, groups, or communities: (1) The Georgia Tribe of Eastern Cherokee P.O. Box 1993 Dahlonega, Georgia 30533; (2) The Lower Muscogee Creek Tribe Route 2, Box 370 Whigham, Georgia 31797; and (3) The Cherokee of Georgia Tribal Council Saint George, Georgia 31646. (b) The General Assembly may recognize tribes, bands, groups, or communities other than those stated in subsection (a) of this Code section as the General Assembly deems appropriate. 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 28, 1993.

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CASUAL SALES OF MOTOR VEHICLES DESIGNATION OF TAG AGENTS AS SALES TAX AGENTS FOR COLLECTING SALES AND USE TAX THEREON; COMPENSATION. Code Section 40-2-23 Amended. No. 606 (House Bill No. 784). AN ACT To amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to authorize the state revenue commissioner to designate tag agents for the purpose of accepting certain applications and collecting certain sales and use tax; to provide for compensation; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended by striking Code Section 40-2-23, relating to the designation of tag agents, and inserting in its place a new Code Section 40-2-23 to read as follows: 40-2-23. (a) The tax collectors of the various counties of this state and the tax commissioners of those counties in which the duties of the tax collector are performed by a tax commissioner shall be designated as tag agents of the commissioner for the purpose of accepting applications for the registration of vehicles. (b) The commissioner is authorized to further designate each such tag agent as a sales tax agent for the purpose of collecting sales and use tax with respect to the casual sale or casual use of a motor vehicle. For purposes of this Code section, `casual sale' or `casual use' means the sale of a motor vehicle by a person who is not regularly or systematically engaged in making retail sales of motor vehicles and the first

Page 1816

use, consumption, distribution, or storage for use or consumption of such motor vehicle purchased through a casual sale. As personal compensation for services rendered to the Department of Revenue with respect to the collection of such sales and use tax, each such designated tag agent shall be authorized to retain from such collection a fee of $200.00 per month. In any month in which an insufficient amount of such tax is collected to pay such fee, the amount of any such unpaid fee may be deferred until such month as sufficient collections are made. Such compensation shall be in addition to any other compensation to which such tax collector or tax commissioner is entitled. (c) The duties and responsibilities of agents of the commissioner designated under this Code section shall be a part of the official duties and responsibilities of the county tax collectors and tax commissioners. Section 2. This Act shall become effective upon its approval by the Governor 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 28, 1993.

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STATE GOVERNMENT INVOLUNTARY SEPARATION WITH RETIREMENT BENEFITS; POSITION TO BE PERMANENTLY UNFILLED; DELETION FROM AGENCY'S BUDGET; EXCEPTIONS; ADMINISTRATIVE PROCEDURE; SYNOPSIS OF PROPOSED RULE. Code Section 50-1-4 Enacted. Code Section 50-13-4 Amended. No. 607 (Senate Bill No. 129). AN ACT To amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to state government, so as to define a certain term; to provide that the employment position of any person who is granted involuntary separation benefits by a state agency shall remain open permanently; to provide that an amount equal to the sum of the salary and the cost of the retirement with involuntary separation benefits of any employee involuntarily separated shall be deleted permanently from the employing agency's annual budget; to provide for exceptions; to amend Chapter 13 of Title 50 of the Official Code of Georgia Annotated, relating to administrative procedure, so as to require each agency subject to the Georgia Administrative Procedure Act to prepare a synopsis of any proposed rule; to require the synopsis to be distributed with any proposed rule; to require the synopsis to contain certain information regarding the proposed rule; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to state government, is amended by adding at the end thereof a new Code Section 50-1-4 to read as follows: 50-1-4. (a) As used in this Code section, the term `state agency' means any department, agency, board, commission, or authority of the state or any political subdivision

Page 1818

thereof, any employees of which are members of the Employees' Retirement System of Georgia. (b) Any time a state employee entitled to receive involuntary separation retirement benefits pursuant to Code Section 47-2-123 is involuntarily separated from employment and such employee is granted such involuntary separation benefits, the employment position such employee held within a state agency at the time of such involuntary separation from service shall remain open and unfilled permanently. In addition, an amount equal to the sum of such employee's salary at the time of such involuntary separation from service and the cost of such employee's retirement with involuntary separation benefits shall be deleted permanently from the employing state agency's annual appropriations budget. (c) The provisions of this Code section shall not apply to an employee who is involuntarily separated from service because of a mandatory retirement age or as a direct result of an Act of the General Assembly which abolishes such employee's position. Section 2. Chapter 13 of Title 50 of the Official Code of Georgia Annotated, relating to administrative procedure, is amended by striking paragraph (1) of subsection (a) of Code Section 50-13-4, relating to certain procedural requirements for the adoption, amendment, or repeal of agency rules, and inserting in its place a new paragraph to read as follows: (1) Give at least 30 days' notice of its intended action. The notice shall include an exact copy of the proposed rule and a synopsis of the proposed rule. The synopsis shall be distributed with and in the same manner as the proposed rule. The synopsis shall contain a statement of the purpose and the main features of the proposed rule, and in the case of a proposed amendatory rule, the synopsis also shall indicate the differences between the existing rule and the proposed rule. The notice shall also include the exact date on which the agency shall consider the adoption of the rule and shall include the time and place in order that interested persons may present their views thereon. The notice shall also contain a citation of the authority pursuant to which the rule

Page 1819

is proposed for adoption and, if the proposal is an amendment or repeal of an existing rule, the rule shall be clearly identified. The notice shall be mailed to all persons who have requested in writing that they be placed upon a mailing list which shall be maintained by the agency for advance notice of its rule-making proceedings and who have tendered the actual cost of such mailing as from time to time estimated by the agency; Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1993. APPROPRIATIONS S.F.Y. 1993-1994. No. 608 (House Bill No. 259). AN ACT To make and provide appropriations for the State Fiscal Year beginning July 1, 1993, and ending June 30, 1994; 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, 1993, and ending June 30, 1994, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and the General

Page 1820

Funds of the State, including unappropriated surplus, reserves and a revenue estimate of $8,712,500,000 (excluding indigent trust fund receipts and lottery receipts) for State Fiscal Year 1994. PART I. LEGISLATIVE BRANCH Section 1. General Assembly. Budget Unit: General Assembly $ 22,625,363 Personal Services - Staff $ 11,507,461 Personal Services - Elected Officials $ 3,632,028 Regular Operating Expenses $ 2,639,954 Travel - Staff $ 74,500 Travel - Elected Officials $ 7,000 Capital Outlay $ 0 Equipment $ 147,000 Computer Charges $ 586,000 Real Estate Rentals $ 5,000 Telecommunications $ 654,000 Per Diem, Fees and Contracts - Staff $ 146,552 Per Diem, Fees and Contracts - Elected Officials $ 2,002,568 Photography $ 90,500 Expense Reimbursement Account $ 1,132,800 Total Funds Budgeted $ 22,625,363 State Funds Budgeted $ 22,625,363 Senate Functional Budgets Total Funds State Funds Senate and Research Office $ 3,593,591 $ 3,593,591 Lt. Governor's Office $ 691,168 $ 691,168 Secretary of the Senate's Office $ 1,194,849 $ 1,194,849 Total $ 5,479,608 $ 5,479,608

Page 1821

House Functional Budgets Total Funds State Funds House of Representatives and Research Office $ 8,728,384 $ 8,728,384 Speaker of the House's Office $ 489,009 $ 489,009 Clerk of the House's Office $ 1,278,016 $ 1,278,016 Total $ 10,495,409 $ 10,495,409 Joint Functional Budgets Total Funds State Funds Legislative Counsel's Office $ 2,293,420 $ 2,293,420 Legislative Fiscal Office $ 2,251,457 $ 2,251,457 Legislative Budget Office $ 973,058 $ 973,058 Ancillary Activities $ 1,132,411 $ 1,132,411 Total $ 6,650,346 $ 6,650,346 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

Page 1822

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 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 $ 15,753,386 Personal Services $ 13,309,012 Regular Operating Expenses $ 386,000 Travel $ 521,650 Motor Vehicle Purchases $ 115,540 Equipment $ 15,000 Real Estate Rentals $ 803,184 Per Diem, Fees and Contracts $ 39,000 Computer Charges $ 450,000 Telecommunications $ 114,000 Total Funds Budgeted $ 15,753,386 State Funds Budgeted $ 15,753,386

Page 1823

PART II. JUDICIAL BRANCH Section 3. Supreme Court. Budget Unit: Supreme Court $ 5,131,909 Personal Services $ 4,327,809 Operating Expenses $ 1,489,100 Total Funds Budgeted $ 5,816,909 State Funds Budgeted $ 5,131,909 Section 4. Court of Appeals. Budget Unit: Court of Appeals $ 5,778,182 Personal Services $ 5,114,005 Operating Expenses $ 714,177 Total Funds Budgeted $ 5,828,182 State Funds Budgeted $ 5,778,182 Section 5. Superior Courts. Budget Unit: Superior Courts $ 48,888,332 Operation of the Courts $ 47,515,523 Prosecuting Attorneys' Council $ 1,840,926 Sentence Review Panel $ 157,415 Council of Superior Court Judges $ 126,609 Judicial Administrative Districts $ 1,122,075 Total Funds Budgeted $ 50,762,548 State Funds Budgeted $ 48,888,332 Section 6. Juvenile Courts. Budget Unit: Juvenile Courts $ 911,803

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Section 7. Institute of Continuing Judicial Education. Budget Unit: Institute of Continuing Judicial Education $ 639,950 Institute's Operations $ 502,250 Georgia Magistrate Courts Training Council $ 137,700 Total Funds Budgeted $ 780,950 State Funds Budgeted $ 639,950 Section 8. Judicial Council. Budget Unit: Judicial Council $ 2,286,773 Council Operations $ 1,166,784 Case Counting $ 76,500 Board of Court Reporting $ 41,689 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 Council of Superior Court Clerks $ 33,800 Payment to Resource Center $ 250,000 Payment to Computerized Information Network $ 660,000 Total Funds Budgeted $ 2,286,773 State Funds Budgeted $ 2,286,773 Section 9. Judicial Qualifications Commission. Budget Unit: Judicial Qualifications Commission $ 146,228 Section 10. Indigent Defense Council. Budget Unit: Indigent Defense Council $ 1,000,000 PART III. EXECUTIVE BRANCH Section 11. Department of Administrative Services. A. Budget Unit: Department of Administrative Services $ 37,152,352 Personal Services $ 48,140,667 Regular Operating Expenses $ 12,388,068 Travel $ 259,300 Motor Vehicle Purchases $ 270,400 Equipment $ 1,632,804 Computer Charges $ 11,272,599 Real Estate Rentals $ 2,937,687 Telecommunications $ 4,827,483 Per Diem, Fees and Contracts $ 419,425 Rents and Maintenance Expense $ 11,289,500 Utilities $ 41,000 Payments to DOAS Fiscal Administration $ 2,750,000 Direct Payments to Georgia Building Authority for Capital Outlay $ 500,000 Direct Payments to Georgia Building Authority for Operations $ 2,572,514 Telephone Billings $ 45,416,967 Radio Billings $ 440,600 Materials for Resale $ 16,500,000 Public Safety Officers Indemnity Fund $ 150,000 Health Planning Review Board Operations $ 35,000 Total Funds Budgeted $ 161,844,014 State Funds Budgeted $ 37,152,352

Page 1825

Department of Administrative Services Functional Budgets Total Funds State Funds Executive Administration $ 1,816,621 $ 550,758 Departmental Administration $ 5,922,815 $ 5,890,426 Statewide Systems $ 10,968,692 $ 8,218,692 Space Management $ 477,122 $ 477,122 Procurement Administration $ 2,840,463 $ 2,840,463 General Services $ 469,465 $ 0 Central Supply Services $ 16,906,230 $ 0 Data Processing Services $ 49,503,674 $ 12,885,843 Motor Vehicle Services $ 3,699,878 $ 0 Communication Services $ 57,531,241 $ 5,850,000 Printing Services $ 6,377,920 $ 0 Surplus Property $ 1,655,411 $ 0 Mail and Courier Services $ 1,164,587 $ 0 Risk Management $ 2,070,847 $ 0 State Properties Commission $ 439,048 $ 439,048 Total $ 161,844,014 $ 37,152,352

Page 1826

B. Budget Unit: Georgia Building Authority $ 0 Personal Services $ 18,939,392 Regular Operating Expenses $ 5,265,584 Travel $ 19,700 Motor Vehicle Purchases $ 434,500 Equipment $ 221,410 Computer Charges $ 108,600 Real Estate Rentals $ 17,500 Telecommunications $ 158,886 Per Diem, Fees and Contracts $ 265,000 Capital Outlay $ 0 Utilities $ 7,240,000 Contractual Expense $ 356,800 Facilities Renovations and Repairs $ 0 Total Funds Budgeted $ 33,027,372 State Funds Budgeted $ 0

Page 1827

Georgia Building Authority Functional Budgets Total Funds State Funds Grounds $ 1,402,690 $ 0 Custodial $ 5,224,225 $ 0 Maintenance $ 4,064,128 $ 0 Security $ 5,622,425 $ 0 Van Pool $ 383,786 $ 0 Sales $ 4,454,562 $ 0 Administration $ 10,098,197 $ 0 Railroad Excursions $ 1,777,359 $ 0 Facility Renovations $ 0 $ 0 Total $ 33,027,372 $ 0 Section 12. Agency for the Removal of Hazardous Materials. Budget Unit: Agency for the Removal of Hazardous Materials $ 105,478 Personal Services $ 86,278 Regular Operating Expenses $ 10,800 Travel $ 8,000 Motor Vehicle Purchases $ 0 Equipment $ 0 Computer Charges $ 0 Real Estate Rentals $ 0 Telecommunications $ 400 Per Diem, Fees and Contracts $ 0 Capital Outlay $ 0 Utilities $ 0 Total Funds Budgeted $ 105,478 State Funds Budgeted $ 105,478

Page 1828

Section 13. Department of Agriculture. A. Budget Unit: Department of Agriculture $ 33,908,417 Personal Services $ 29,639,196 Regular Operating Expenses $ 4,079,695 Travel $ 915,170 Motor Vehicle Purchases $ 379,616 Equipment $ 396,337 Computer Charges $ 281,807 Real Estate Rentals $ 787,510 Telecommunications $ 395,000 Per Diem, Fees and Contracts $ 1,173,236 Market Bulletin Postage $ 860,000 Payments to Athens and Tifton Veterinary Laboratories $ 2,470,000 Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas, Oakwood, and Statesboro $ 1,955,063 Veterinary Fees $ 412,000 Indemnities $ 127,000 Advertising Contract $ 175,000 Payments to Georgia Agrirama Development Authority for Operations $ 573,546 Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets $ 700,000 Capital Outlay $ 0 Contract - Federation of Southern Cooperatives $ 40,000 Boll Weevil Eradication Program $ 60,000 Total Funds Budgeted $ 45,420,176 State Funds Budgeted $ 33,908,417 Department of Agriculture Functional Budgets Total Funds State Funds Plant Industry $ 5,304,280 $ 4,998,280 Animal Industry $ 6,934,275 $ 6,678,275 Marketing $ 1,711,995 $ 1,659,995 General Field Forces $ 3,224,431 $ 3,099,431 Internal Administration $ 3,416,900 $ 3,027,400 Information and Education $ 2,038,416 $ 2,038,416 Fuel and Measures $ 2,954,042 $ 2,820,642 Consumer Protection Field Forces $ 7,872,585 $ 4,973,042 Meat Inspection $ 3,932,620 $ 1,337,482 Major Markets $ 5,014,258 $ 1,392,658 Seed Technology $ 659,578 $ 0 Entomology and Pesticides $ 2,356,796 $ 1,882,796 Total $ 45,420,176 $ 33,908,417

Page 1829

B. Budget Unit: Georgia Agrirama Development Authority $ 0 Personal Services $ 798,896 Regular Operating Expenses $ 189,361 Travel $ 6,000 Motor Vehicle Purchases $ 23,000 Equipment $ 10,000 Computer Charges $ 2,250 Real Estate Rentals $ 0 Telecommunications $ 7,500 Per Diem, Fees and Contracts $ 13,939 Capital Outlay $ 75,000 Goods for Resale $ 104,500 Total Funds Budgeted $ 1,230,446 State Funds Budgeted $ 0

Page 1830

Section 14. Department of Banking and Finance. Budget Unit: Department of Banking and Finance $ 8,301,513 Personal Services $ 6,658,535 Regular Operating Expenses $ 355,049 Travel $ 331,059 Motor Vehicle Purchases $ 150,623 Equipment $ 84,727 Computer Charges $ 350,664 Real Estate Rentals $ 287,100 Telecommunications $ 76,256 Per Diem, Fees and Contracts $ 7,500 Total Funds Budgeted $ 8,301,513 State Funds Budgeted $ 8,301,513 Section 15. Department of Children and Youth Services. Budget Unit: Department of Children and Youth Services $ 84,509,207 Personal Services $ 60,762,593 Regular Operating Expenses $ 4,276,500 Travel $ 704,800 Motor Vehicle Purchases $ 271,480 Equipment $ 312,695 Computer Charges $ 486,431 Real Estate Rentals $ 1,313,800 Telecommunications $ 673,600 Per Diem, Fees and Contracts $ 1,582,800 Utilities $ 1,979,900 Institutional Repairs and Maintenance $ 1,161,600 Grants to County-Owned Detention Centers $ 2,686,400 Service Benefits for Children $ 9,788,508 Purchase of Service Contracts $ 182,400 Capital Outlay $ 165,000 Total Funds Budgeted $ 86,348,507 State Funds Budgeted $ 84,509,207 Children and Youth Services Functional Budgets Total Funds State Funds Regional Youth Development Centers $ 21,000,464 $ 20,271,064 Milledgeville State YDC $ 10,695,484 $ 10,295,784 Augusta State YDC $ 7,839,418 $ 7,501,118 Atlanta State YDC $ 4,409,298 $ 4,247,498 Macon State YDC $ 4,738,127 $ 4,528,027 Court Services $ 14,329,468 $ 14,329,468 Community Treatment Centers $ 3,043,100 $ 3,043,100 Day Centers $ 911,500 $ 911,500 Group Homes $ 806,904 $ 806,904 Purchased Services $ 10,596,428 $ 10,596,428 Runaway Investigation/Interstate Compact $ 821,780 $ 821,780 Assessment and Classification $ 547,340 $ 547,340 Youth Services Administration $ 6,609,196 $ 6,609,196 Total $ 86,348,507 $ 84,509,207

Page 1831

Section 16. Department of Community Affairs. Budget Unit: Department of Community Affairs $ 20,754,011 Personal Services $ 5,488,328 Regular Operating Expenses $ 230,905 Travel $ 160,820 Motor Vehicle Purchases $ 0 Equipment $ 2,000 Computer Charges $ 152,730 Real Estate Rentals $ 549,167 Telecommunications $ 45,883 Per Diem, Fees and Contracts $ 247,034 Capital Felony Expenses $ 0 Contracts with Regional Development Commissions $ 2,272,825 Local Assistance Grants $ 1,691,000 Appalachian Regional Commission Assessment $ 94,731 Community Development Block Grants (Federal) $ 30,000,000 Educational Vouchers $ 250,000 Payments to Music Hall of Fame Authority $ 157,323 Payments to Sports Hall of Fame $ 50,000 Local Development Fund $ 750,000 Payment to State Housing Trust Fund $ 4,625,000 Payment to Georgia Housing Finance Authority $ 3,000,000 Payment to Georgia Environmental Facilities Authority $ 1,690,861 Regional Economic Business Assistance Grants $ 1,000,000 Local Government Efficiency Grant Program $ 750,000 Total Funds Budgeted $ 53,208,607 State Funds Budgeted $ 20,754,011

Page 1832

Department of Community Affairs Functional Budgets Total Funds State Funds Office of Commissioner $ 17,282,597 $ 15,997,297 Government Management $ 1,477,013 $ 1,477,013 Financial Assistance $ 32,059,570 $ 1,050,812 Coordinated Planning $ 2,389,427 $ 2,228,889 Total $ 53,208,607 $ 20,754,011

Page 1833

Section 17. Department of Corrections. A. Budget Unit: Administration, Institutions and Probation $ 565,540,860 Personal Services $ 393,768,006 Regular Operating Expenses $ 54,465,552 Travel $ 2,252,550 Motor Vehicle Purchases $ 3,213,082 Equipment $ 3,785,068 Computer Charges $ 6,157,139 Real Estate Rentals $ 5,299,932 Telecommunications $ 5,208,803 Per Diem, Fees and Contracts $ 4,667,815 Capital Outlay $ 0 Utilities $ 17,148,012 Court Costs $ 575,000 County Subsidy $ 13,255,000 County Subsidy for Jails $ 3,017,200 County Workcamp Construction Grants $ 447,000 Central Repair Fund $ 886,000 Payments to Central State Hospital for Meals $ 3,766,755 Payments to Central State Hospital for Utilities $ 1,331,900 Payments to Public Safety for Meals $ 444,500 Inmate Release Fund $ 1,740,000 Health Services Purchases $ 46,831,281 Payments to MAG for Health Care Certification $ 55,000 University of Georgia - Cooperative Extension Service Contracts $ 337,260 Minor Construction Fund $ 1,304,300 Total Funds Budgeted $ 569,957,155 Indirect DOAS Funding $ 450,000 Georgia Correctional Industries $ 0 State Funds Budgeted $ 565,540,860 Departmental Functional Budgets Total Funds State Funds Administration $ 55,589,863 $ 55,087,253 Institutions and Support $ 415,789,792 $ 414,667,792 Probation $ 98,577,500 $ 95,785,815 Total $ 569,957,155 $ 565,540,860

Page 1834

B. Budget Unit: Board of Pardons and Paroles $ 37,037,111 Personal Services $ 30,135,895 Regular Operating Expenses $ 1,202,084 Travel $ 691,100 Motor Vehicle Purchases $ 81,000 Equipment $ 164,860 Computer Charges $ 470,772 Real Estate Rentals $ 2,526,400 Telecommunications $ 837,500 Per Diem, Fees and Contracts $ 272,500 County Jail Subsidy $ 650,000 Health Services Purchases $ 5,000 Total Funds Budgeted $ 37,037,111 State Funds Budgeted $ 37,037,111 Section 18. Department of Defense. Budget Unit: Department of Defense $ 3,858,508 Personal Services $ 6,896,883 Regular Operating Expenses $ 4,281,541 Travel $ 21,960 Motor Vehicle Purchases $ 13,000 Equipment $ 23,000 Computer Charges $ 14,100 Real Estate Rentals $ 4,740 Telecommunications $ 54,108 Per Diem, Fees and Contracts $ 565,900 Capital Outlay $ 266,000 Total Funds Budgeted $ 12,141,232 State Funds Budgeted $ 3,858,508 Department of Defense Functional Budgets Total Funds State Funds Office of the Adjutant General $ 1,322,411 $ 1,153,863 Georgia Air National Guard $ 4,476,647 $ 506,931 Georgia Army National Guard $ 6,342,174 $ 2,197,714 Total $ 12,141,232 $ 3,858,508

Page 1835

Section 19. State Board of Education - Department of Education. A. Budget Unit: Department of Education $ 3,153,523,530 Operations: Personal Services $ 37,840,329 Regular Operating Expenses $ 4,126,626 Travel $ 1,087,967 Motor Vehicle Purchases $ 109,500 Equipment $ 421,823 Computer Charges $ 7,010,846 Real Estate Rentals $ 1,471,304 Telecommunications $ 1,180,382 Per Diem, Fees and Contracts $ 15,781,097 Utilities $ 742,880 Capital Outlay $ 50,000 QBE Formula Grants: Kindergarten/Grades 1 - 3 $ 753,531,667 Grades 4 - 8 $ 715,965,525 Grades 9 - 12 $ 294,622,175 High School Laboratories $ 124,613,856 Vocational Education Laboratories $ 100,756,134 Special Education $ 275,159,949 Gifted $ 38,022,413 Remedial Education $ 58,760,866 Staff Development and Professional Development $ 28,891,019 Media $ 87,006,632 Indirect Cost $ 596,369,241 Pupil Transportation $ 129,798,307 Local Fair Share $ (615,762,984) Mid-Term Adjustment Reserve $ 0 Teacher Salary Schedule Adjustment $ 20,576,794 Other Categorical Grants: Equalization Formula $ 142,801,545 Sparsity Grants $ 3,609,604 In School Suspension $ 21,059,624 Special Instructional Assistance $ 51,005,135 Middle School Incentive $ 51,755,114 Special Education Low - Incidence Grants $ 416,000 Non-QBE Grants: Education of Children of Low-Income Families $ 186,500,970 Retirement (H.B. 272 and H.B. 1321) $ 4,950,000 Instructional Services for the Handicapped $ 39,176,572 Tuition for the Multi-Handicapped $ 2,960,451 Severely Emotionally Disturbed $ 36,105,108 School Lunch (Federal) $ 136,568,755 School Lunch (State) $ 24,332,066 Supervision and Assessment of Students and Beginning Teachers and Performance-Based Certification $ 1,500,000 Regional Education Service Agencies $ 6,746,192 Georgia Learning Resources System $ 2,766,212 High School Program $ 18,041,235 Special Education in State Institutions $ 3,991,103 Governor's Scholarships $ 2,702,000 Advanced Placement Exams $ 0 Job Training Partnership Act $ 3,084,680 Vocational Research and Curriculum $ 248,270 Even Start $ 0 Salaries and Travel of Public Librarians $ 10,645,182 Public Library Materials $ 5,007,912 Talking Book Centers $ 911,019 Public Library M O $ 4,025,581 Child Care Lunch Program (Federal) $ 22,934,480 Chapter II - Block Grant Flow Through $ 10,783,825 Payment of Federal Funds to Board of Technical and Adult Education $ 11,701,897 Education of Homeless Children/Youth $ 0 Innovative Programs $ 2,450,000 Next Generation School Grants $ 1,000,000 Limited English-Speaking Students Program $ 6,924,763 Drug Free School (Federal) 11,841,909 Transition Program for Refugees $ 119,012 Emergency Immigrant Education Program $ 223,824 Title II Math/Science Grant (Federal) $ 3,715,615 Robert C. Byrd Scholarship (Federal) $ 232,000 Health Insurance - Non-Cert. Personnel and Retired Teachers $ 90,047,892 Pre-School Handicapped Program $ 13,782,520 Mentor Teachers $ 1,000,000 Nutrition Education $ 65,000 Total Funds Budgeted $ 3,615,867,415 Indirect DOAS Services Funding $ 340,000 State Funds Budgeted $ 3,153,523,530

Page 1837

Education Functional Budgets Total Funds State Funds State Administration $ 6,520,594 $ 6,204,588 Instructional Services $ 19,985,812 $ 14,539,668 Governor's Honors Program $ 1,161,942 $ 1,050,740 Administrative Services $ 19,036,952 $ 14,498,627 Special Services $ 5,919,316 $ 2,498,893 Professional Practices Commission $ 848,847 $ 848,847 Local Programs $ 3,546,044,661 $ 3,098,396,681 Georgia Academy for the Blind $ 4,873,129 $ 4,684,128 Georgia School for the Deaf $ 6,582,081 $ 6,390,794 Atlanta Area School for the Deaf $ 4,894,081 $ 4,410,564 Total $ 3,615,867,415 $ 3,153,523,530

Page 1838

B. Budget Unit: Lottery for Education $ 62,754,078 Pre-Kindergarten for 4-year-olds $ 37,100,000 Computer Hardware/Software in Classrooms $ 10,310,000 Next Generation Schools $ 1,000,000 Distant Learning - Satellite Dishes $ 12,304,078 Postsecondary Options $ 603,600 Educational Technology Centers $ 1,436,400 Total Funds Budgeted $ 62,754,078 Lottery Funds Budgeted $ 62,754,078 Section 20. Employees' Retirement System. Budget Unit: Employees' Retirement System $ 165,570 Personal Services $ 1,553,491 Regular Operating Expenses $ 325,263 Travel $ 15,000 Motor Vehicle Purchases $ 0 Equipment $ 26,524 Computer Charges $ 590,710 Real Estate Rentals $ 315,749 Telecommunications $ 25,310 Per Diem, Fees and Contracts $ 1,026,000 Benefits to Retirees $ 0 Total Funds Budgeted $ 3,878,047 State Funds Budgeted $ 165,570 Section 21. Forestry Commission. Budget Unit: Forestry Commission $ 33,596,709 Personal Services $ 28,004,357 Regular Operating Expenses $ 5,075,056 Travel $ 150,185 Motor Vehicle Purchases $ 1,212,005 Equipment $ 1,800,000 Computer Charges $ 300,279 Real Estate Rentals $ 52,245 Telecommunications $ 1,015,119 Per Diem, Fees and Contracts $ 427,797 Ware County Grant $ 0 Ware County Grant for Southern Forest World $ 30,000 Ware County Grant for Road Maintenance $ 60,000 Capital Outlay $ 200,000 Total Funds Budgeted $ 38,327,043 State Funds Budgeted $ 33,596,709

Page 1839

Forestry Commission Functional Budgets Total Funds State Funds Reforestation $ 1,662,551 $ 12,157 Field Services $ 32,381,551 $ 29,580,829 General Administration and Support $ 4,282,941 $ 4,003,723 Total $ 38,327,043 $ 33,596,709 Section 22. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of Investigation $ 37,452,988 Personal Services $ 28,334,052 Regular Operating Expenses $ 2,356,685 Travel $ 476,600 Motor Vehicle Purchases $ 556,160 Equipment $ 546,870 Computer Charges $ 1,447,900 Real Estate Rentals $ 1,868,817 Telecommunications $ 736,060 Per Diem, Fees and Contracts $ 653,844 Evidence Purchased $ 476,000 Capital Outlay $ 0 Total Funds Budgeted $ 37,452,988 Total State Funds Budgeted $ 37,452,988

Page 1840

Georgia Bureau of Investigation Functional Budgets Total Funds State Funds Administration $ 3,226,242 $ 3,226,242 Drug Enforcement $ 8,752,029 $ 8,752,029 Investigative $ 11,056,816 $ 11,056,816 Georgia Crime Information Center $ 6,597,331 $ 6,597,331 Forensic Sciences $ 7,820,570 $ 7,820,570 Total $ 37,452,988 $ 37,452,988 Section 23. Office of the Governor. Budget Unit: Office of the Governor $ 26,535,049 Personal Services $ 13,037,018 Regular Operating Expenses $ 853,217 Travel $ 255,595 Motor Vehicle Purchases $ 15,000 Equipment $ 119,531 Computer Charges $ 596,380 Real Estate Rentals $ 973,937 Telecommunications $ 306,419 Per Diem, Fees and Contracts $ 25,988,704 Cost of Operations $ 3,061,629 Mansion Allowance $ 40,000 Governor's Emergency Fund $ 4,750,000 Intern Stipends and Travel $ 160,000 Art Grants of State Funds $ 2,857,357 Art Grants of Non-State Funds $ 511,515 Humanities Grant - State Funds $ 42,800 Art Acquisitions - State Funds $ 0 Children and Youth Grants $ 290,975 Juvenile Justice Grants $ 1,144,625 Georgia Crime Victims Assistance Program $ 100,000 Grants to Local Systems $ 432,000 Grants - Local EMA $ 1,044,200 Grants - Other $ 0 Grants - Civil Air Patrol $ 60,000 Total Funds Budgeted $ 56,640,902 State Funds Budgeted $ 26,535,049

Page 1841

Office of the Governor Functional Budgets Total Funds State Funds Governor's Office $ 8,011,629 $ 8,011,629 Office of Fair Employment Practices $ 876,391 $ 770,760 Office of Planning and Budget $ 5,596,338 $ 5,596,338 Council for the Arts $ 4,035,811 $ 3,217,767 Office of Consumer Affairs $ 2,259,010 $ 2,259,010 State Energy Office $ 24,824,776 $ 304,327 Vocational Education Advisory Council $ 362,389 $ 94,963 Office of Consumers' Utility Council $ 529,821 $ 529,821 Criminal Justice Coordinating Council $ 843,673 $ 354,008 Children and Youth Coordinating Council $ 1,755,140 $ 499,318 Human Relations Commission $ 267,131 $ 267,131 Professional Standards Commission $ 3,325,260 $ 3,325,260 Georgia Emergency Management Agency $ 3,691,108 $ 1,042,292 Office of State Olympic Coordination $ 262,425 $ 262,425 Total $ 56,640,902 $ 26,535,049

Page 1842

Section 24. Department of Human Resources. A. Budget Unit: Departmental Operations $ 601,090,608 1. General Administration and Support Budget: Personal Services $ 50,271,518 Regular Operating Expenses $ 1,834,565 Travel $ 1,170,227 Motor Vehicle Purchases $ 1,279,129 Equipment $ 74,190 Real Estate Rentals $ 4,650,570 Per Diem, Fees and Contracts $ 752,614 Computer Charges $ 895,067 Telecommunications $ 629,113 Special Purpose Contracts $ 244,000 Service Benefits for Children $ 21,857,547 Purchase of Service Contracts $ 30,989,953 Institutional Repairs and Maintenance $ 62,500 Postage $ 932,445 Payments to DMA-Community Care $ 13,054,342 Total Funds Budgeted $ 128,697,780 Indirect DOAS Services Funding $ 412,600 State Funds Budgeted $ 78,607,289 General Administration and Support Functional Budgets Total Funds State Funds Commissioner's Office $ 893,953 $ 893,953 Budget Administration $ 2,005,103 $ 2,005,103 Office of Children and Youth $ 21,857,547 $ 19,087,124 Administrative Support Services $ 22,640,427 $ 21,345,480 Facilities Management $ 5,274,592 $ 3,677,875 Administrative Appeals $ 1,653,120 $ 1,653,120 Regulatory Services - Program Direction and Support $ 612,061 $ 602,061 Child Care Licensing $ 2,700,655 $ 2,700,655 Health Care Facilities Regulation $ 7,316,617 $ 2,102,133 Fraud and Abuse $ 5,873,156 $ 799,017 Financial Services $ 5,304,949 $ 5,104,949 Auditing Services $ 1,727,862 $ 1,727,862 Personnel Administration $ 1,669,404 $ 1,669,404 Indirect Cost $ 0 $ (8,071,784) Public Affairs $ 452,189 $ 452,189 Aging Services $ 47,188,328 $ 21,410,331 State Health Planning Agency $ 1,527,817 $ 1,447,817 Total $ 128,697,780 $ 78,607,289

Page 1844

2. Public Health Budget: Personal Services $ 49,253,080 Regular Operating Expenses $ 71,741,494 Travel $ 940,217 Motor Vehicle Purchases $ 14,700 Equipment $ 119,964 Real Estate Rentals $ 1,085,055 Per Diem, Fees and Contracts $ 4,701,339 Computer Charges $ 673,897 Telecommunications $ 728,910 Crippled Children's Benefits $ 7,933,321 Kidney Disease Benefits $ 308,000 Cancer Control Benefits $ 3,200,000 Benefits for Medically Indigent High-Risk Pregnant Women and Their Infants $ 960,000 Family Planning Benefits $ 646,222 Crippled Children's Clinics $ 656,000 Special Purpose Contracts $ 663,609 Purchase of Service Contracts $ 11,230,604 Grant-In-Aid to Counties $ 77,233,209 Institutional Repairs and Maintenance $ 32,100 Postage $ 138,672 Grants for Regional Maternal and Infant Care $ 747,761 Total Funds Budgeted $ 233,008,154 Indirect DOAS Services Funding $ 549,718 State Funds Budgeted $ 121,645,555 Public Health Functional Budgets Total Funds State Funds District Health Administration $ 11,150,300 $ 11,020,625 Newborn Follow-Up Care $ 1,008,494 $ 733,339 Dental Health $ 1,387,074 $ 1,176,899 Stroke and Heart Attack Prevention $ 1,973,316 $ 1,443,316 Sickle Cell, Vision and Hearing $ 3,591,733 $ 3,197,004 High-Risk Pregnant Women and Infants $ 5,375,597 $ 5,263,597 Sexually Transmitted Diseases $ 3,748,871 $ 308,272 Family Planning $ 7,040,760 $ 3,936,596 Malnutrition $ 71,441,891 $ 0 Grant in Aid to Counties $ 50,928,839 $ 48,830,351 Children's Medical Services $ 12,906,997 $ 7,903,587 Emergency Health $ 2,931,978 $ 1,875,430 Primary Health Care $ 1,769,046 $ 1,409,035 Epidemiology $ 603,356 $ 441,056 Immunization $ 784,387 $ 0 Community Tuberculosis Control $ 5,446,114 $ 5,001,208 Maternal and Child Health Management $ 1,006,123 $ 684,173 Infant and Child Health $ 1,359,845 $ 533,477 Maternal Health Perinatal $ 2,593,936 $ 1,452,293 Chronic Disease $ 1,040,461 $ 1,040,461 Diabetes $ 497,204 $ 497,204 Cancer Control $ 4,219,458 $ 4,219,458 Director's Office $ 826,235 $ 629,010 Employees' Health $ 288,392 $ 288,392 Health Program Management $ 1,582,437 $ 1,448,836 Vital Records $ 1,778,517 $ 1,561,221 Health Services Research $ 1,010,769 $ 787,951 Environmental Health $ 934,028 $ 760,111 Laboratory Services $ 5,421,151 $ 5,301,151 Community Care $ 3,479,533 $ 1,293,370 Community Health Management $ 453,955 $ 365,318 Aids $ 7,032,152 $ 3,507,852 Vaccines $ 11,237,625 $ 1,305,471 Drug and Clinic Supplies $ 3,068,190 $ 2,289,354 Adolescent Health $ 2,916,824 $ 1,862,724 Public Health - Planning Councils $ 172,566 $ 155,251 Public Health - Division Indirect Cost $ 0 $ (877,838) Total $ 233,008,154 $ 121,645,555

Page 1846

3. Rehabilitation Services Budget: Personal Services $ 65,480,210 Regular Operating Expenses $ 10,898,160 Travel $ 800,856 Motor Vehicle Purchases $ 58,090 Equipment $ 536,650 Real Estate Rentals $ 3,710,863 Per Diem, Fees and Contracts $ 6,416,726 Computer Charges $ 1,764,686 Telecommunications $ 1,468,683 Case Services $ 20,302,481 E.S.R.P. Case Services $ 27,000 Special Purpose Contracts $ 675,500 Purchase of Services Contracts $ 8,785,767 Institutional Repairs and Maintenance $ 145,550 Utilities $ 903,615 Postage $ 533,322 Total Funds Budgeted $ 122,508,159 Indirect DOAS Services Funding $ 100,000 State Funds Budgeted $ 21,496,200

Page 1847

Rehabilitation Services Functional Budgets Total Funds State Funds District Field Services $ 41,101,730 $ 8,962,555 Independent Living $ 654,036 $ 435,751 Bobby Dodd Workshop $ 503,158 $ 173,037 Sheltered Employment $ 1,646,413 $ 801,402 Community Facilities $ 7,425,589 $ 2,903,614 State Rehabilitation Facilities $ 6,895,449 $ 1,379,086 Diversified Industries of Georgia $ 981,176 $ 0 Program Direction and Support $ 3,216,353 $ 1,069,706 Grants Management $ 684,795 $ 684,795 Disability Adjudication $ 27,050,086 $ 0 Georgia Factory for the Blind $ 11,967,161 $ 797,378 Roosevelt Warm Springs Institute $ 20,382,213 $ 4,288,876 Total $ 122,508,159 $ 21,496,200

Page 1848

4. Family and Children Services Budget: Personal Services $ 39,989,832 Regular Operating Expenses $ 3,465,489 Travel $ 693,733 Motor Vehicle Purchases $ 0 Equipment $ 417,573 Real Estate Rentals $ 2,187,231 Per Diem, Fees and Contracts $ 12,377,717 Computer Charges $ 24,729,492 Telecommunications $ 4,102,576 Children's Trust Fund $ 1,049,584 Cash Benefits $ 494,074,449 Special Purpose Contracts $ 3,891,738 Service Benefits for Children $ 135,377,430 Purchase of Service Contracts $ 17,638,657 Postage $ 3,383,122 Grants to County DFACS - Operations $ 246,932,141 Total Funds Budgeted $ 990,310,764 Indirect DOAS Services Funding $ 2,565,582 State Funds Budgeted $ 379,341,564 Family and Children Services Functional Budgets Total Funds State Funds Director's Office $ 355,246 $ 355,246 Social Services $ 3,568,321 $ 3,568,321 Administrative Support $ 5,780,117 $ 4,590,444 Quality Assurance $ 3,651,574 $ 3,651,574 Community Services $ 11,588,235 $ 912,714 Field Management $ 1,215,577 $ 1,215,577 Human Resources Management $ 1,846,906 $ 1,674,090 Public Assistance $ 27,358,070 $ 11,859,029 Child Support Recovery $ 43,910,223 $ 2,647,519 AFDC Payments $ 479,162,389 $ 180,310,220 SSI - Supplemental Benefits $ 100 $ 100 Refugee Programs $ 2,799,421 $ 0 Energy Benefits $ 12,966,539 $ 0 County DFACS Operations - Eligibility $ 100,011,024 $ 49,857,397 County DFACS Operations - Social Services $ 77,927,020 $ 27,925,762 Food Stamp Issuance $ 2,907,954 $ 0 County DFACS Operations - Homemakers Services $ 9,206,487 $ 2,891,560 County DFACS Operations - Joint and Administration $ 50,744,229 $ 23,515,076 County DFACS Operations - Employability Program $ 9,043,381 $ 3,393,534 Employability Benefits $ 20,975,278 $ 8,519,151 Legal Services $ 2,850,000 $ 2,262,574 Family Foster Care $ 35,983,709 $ 23,575,863 Institutional Foster Care $ 6,652,820 $ 5,190,725 Specialized Foster Care $ 2,261,063 $ 2,117,072 Adoption Supplement $ 6,903,437 $ 5,373,591 Day Care $ 68,000,000 $ 18,675,285 Outreach - Contracts $ 144,817 $ 144,817 Special Projects $ 1,281,316 $ 1,257,407 Children's Trust Fund Commission $ 1,215,511 $ 1,215,511 Indirect Cost $ 0 $ (7,358,595) Total $ 990,310,764 $ 379,341,564

Page 1850

Budget Unit Object Classes: Personal Services $ 204,994,640 Regular Operating Expenses $ 87,939,708 Travel $ 3,605,033 Motor Vehicle Purchases $ 1,351,919 Equipment $ 1,148,377 Real Estate Rentals $ 11,633,719 Per Diem, Fees and Contracts $ 24,248,396 Computer Charges $ 28,063,142 Telecommunications $ 6,929,282 Crippled Children's Benefits $ 7,933,321 Kidney Disease Benefits $ 308,000 Cancer Control Benefits $ 3,200,000 Benefits for Medically Indigent High-Risk Pregnant Women and Their Infants $ 960,000 Family Planning Benefits $ 646,222 Case Services $ 20,302,481 E.S.R.P. Case Services $ 27,000 Crippled Children's Clinics $ 656,000 Children's Trust Fund $ 1,049,584 Cash Benefits $ 494,074,449 Special Purpose Contracts $ 5,474,847 Service Benefits for Children $ 157,234,977 Purchase of Service Contracts $ 68,644,981 Grant-In-Aid to Counties $ 77,233,209 Institutional Repairs and Maintenance $ 240,150 Utilities $ 903,615 Postage $ 4,987,561 Payments to DMA-Community Care $ 13,054,342 Grants for Regional Maternal and Infant Care $ 747,761 Grants to County DFACS - Operations $ 246,932,141 B. Budget Unit: Community Mental Health/Mental Retardation and Institutions $ 439,326,244 Personal Services $ 350,374,940 Regular Operating Expenses $ 37,691,253 Travel $ 304,383 Motor Vehicle Purchases $ 472,300 Equipment $ 1,792,761 Computer Charges $ 4,542,036 Real Estate Rentals $ 252,637 Telecommunications $ 2,370,833 Per Diem, Fees and Contracts $ 8,493,825 Utilities $ 11,745,300 Authority Lease Rentals $ 0 Istitutional Repairs and Maintenance $ 1,722,000 Substance Abuse Community Services $ 46,979,512 Mental Retardation Community Services $ 95,701,735 Mental Health Community Services $ 26,194,938 Community Mental Health Center Services $ 57,752,642 Special Purpose Contract $ 294,118 Total Funds Budgeted $ 646,685,213 Indirect DOAS Services Funding $ 2,404,100 State Funds Budgeted $ 439,326,244

Page 1852

Community Mental Health/Mental Retardation and Institutional Functional Budgets Total Funds State Funds Southwestern State Hospital $ 45,769,361 $ 26,019,860 Brook Run $ 31,870,738 $ 13,659,638 Georgia Mental Health Institute $ 33,343,273 $ 26,341,492 Georgia Regional Hospital at Augusta $ 25,096,907 $ 20,546,904 Northwest Regional Hospital at Rome $ 29,101,261 $ 20,847,741 Georgia Regional Hospital at Atlanta $ 31,244,327 $ 23,511,964 Central State Hospital $ 140,193,320 $ 84,503,742 Georgia Regional Hospital at Savannah $ 25,365,904 $ 19,297,504 Gracewood State School and Hospital $ 48,563,451 $ 23,995,951 West Central Georgia Regional Hospital $ 23,894,216 $ 18,872,024 Outdoor Therapeutic Program $ 3,558,236 $ 2,677,959 Mental Health Community Assistance $ 10,485,040 $ 10,363,740 Mental Retardation Community Assistance $ 4,788,560 $ 2,960,760 Day Care Centers for Mentally Retarded $ 74,232,590 $ 40,780,617 Supportive Living $ 25,848,926 $ 20,852,126 Georgia State Foster Grandparents/Senior Companion Program $ 744,911 $ 744,911 Project Rescue $ 525,474 $ 525,474 Drug Abuse Contracts $ 1,102,546 $ 1,102,546 Community Mental Health Center Services $ 57,752,642 $ 52,999,342 Project ARC $ 382,273 $ 382,273 Metro Drug Abuse Centers $ 1,440,398 $ 1,244,898 Group Homes for Autistic Children $ 285,960 $ 285,960 Project Friendship $ 346,012 $ 346,012 Community Mental Retardation Staff $ 4,170,056 $ 4,170,056 Community Mental Retardation Residential Services $ 15,724,982 $ 15,724,982 Contract with Clayton County Board of Education for Autistic Children $ 93,600 $ 93,600 MH/MR/SA Administration $ 10,760,249 $ 6,474,168 Total $ 646,685,213 $ 439,326,244

Page 1854

Section 25. Department of Industry, Trade and Tourism. Budget Unit: Department of Industry, Trade and Tourism $ 16,718,694 Personal Services $ 8,045,852 Regular Operating Expenses $ 1,401,008 Travel $ 290,000 Motor Vehicle Purchases $ 32,000 Equipment $ 61,800 Computer Charges $ 102,452 Real Estate Rentals $ 914,597 Telecommunications $ 217,629 Per Diem, Fees and Contracts $ 678,981 Local Welcome Center Contracts $ 139,100 Advertising and Cooperative Advertising $ 4,524,578 Georgia Ports Authority Lease Rentals $ 1,445,000 Foreign Currency Reserve $ 69,297 Waterway Development in Georgia $ 0 Lanier Regional Watershed Commission $ 0 Capital Outlay $ 0 Total Funds Budgeted $ 17,922,294 State Funds Budgeted $ 16,718,694 Department of Industry, Trade and Tourism Functional Budgets Total Funds State Funds Administration $ 8,494,327 $ 7,670,727 Economic Development $ 4,009,563 $ 3,849,563 Trade $ 895,143 $ 895,143 Tourism $ 4,523,261 $ 4,303,261 Total $ 17,922,294 $ 16,718,694

Page 1855

Section 26. Department of Insurance. Budget Unit: Department of Insurance $ 14,263,632 Personal Services $ 12,464,264 Regular Operating Expenses $ 706,912 Travel $ 394,214 Motor Vehicle Purchases $ 72,000 Equipment $ 70,820 Computer Charges $ 409,010 Real Estate Rentals $ 611,762 Telecommunications $ 286,025 Per Diem, Fees and Contracts $ 240,000 Health Care Utilization Review $ 0 Total Funds Budgeted $ 15,255,007 State Funds Budgeted $ 14,263,632 Department of Insurance Functional Budgets Total Funds State Funds Internal Administration $ 4,465,139 $ 4,465,139 Insurance Regulation $ 5,876,354 $ 5,876,354 Industrial Loans Regulation $ 450,328 $ 450,328 Fire Safety and Mobile Home Regulations $ 4,463,186 $ 3,471,811 Total $ 15,255,007 $ 14,263,632 Section 27. Department of Labor. Budget Unit: Department of Labor $ 6,082,059 Personal Services $ 65,485,271 Regular Operating Expenses $ 5,121,799 Travel $ 1,060,000 Motor Vehicle Purchases $ 0 Equipment $ 470,064 Computer Charges $ 8,650,000 Real Estate Rentals $ 2,184,981 Telecommunications $ 1,133,232 Per Diem, Fees and Contracts (JTPA) $ 69,282,639 Per Diem, Fees and Contracts $ 2,938,892 W.I.N. Grants $ 0 Payments to State Treasury $ 1,774,079 Capital Outlay $ 4,270,000 Total Funds Budgeted $ 162,370,957 State Funds Budgeted $ 6,082,059

Page 1856

Department of Labor Functional Budgets Total Funds State Funds Executive Offices/Administrative Services $ 26,323,387 $ 3,233,950 Employment and Training Services $ 136,047,570 $ 2,848,109 Total $ 162,370,957 $ 6,082,059 Section 28. Department of Law. Budget Unit: Department of Law $ 9,257,126 Personal Services $ 8,472,186 Regular Operating Expenses $ 478,000 Travel $ 110,000 Motor Vehicle Purchases $ 0 Equipment $ 28,640 Computer Charges $ 161,935 Real Estate Rentals $ 412,920 Telecommunications $ 114,312 Per Diem, Fees and Contracts $ 60,000 Books for State Library $ 140,000 Total Funds Budgeted $ 9,977,993 State Funds Budgeted $ 9,257,126

Page 1857

Section 29. Department of Medical Assistance. A. Budget Unit: Medicaid Services $ 1,057,042,748 Personal Services $ 13,625,156 Regular Operating Expenses $ 3,895,193 Travel $ 155,400 Motor Vehicle Purchases $ 0 Equipment $ 72,289 Computer Charges $ 19,391,681 Real Estate Rentals $ 581,812 Telecommunications $ 425,000 Per Diem, Fees and Contracts $ 65,909,846 Medicaid Benefits, Penalties and Disallowances $ 2,853,091,153 Payments to Counties for Mental Health $ 50,530,241 Audit Contracts $ 772,500 1993 Medicaid Benefits, Penalties and Disallowances $ 57,374,067 Total Funds Budgeted $ 3,065,824,338 State Funds Budgeted $ 1,057,042,748 Medical Assistance Functional Budgets Total Funds State Funds Commissioner's Office $ 1,090,840 $ 544,689 Benefits, Penalties and Disallowances $ 2,960,995,461 $ 1,038,645,745 Community Services $ 1,150,156 $ 448,228 Systems Management $ 21,169,171 $ 5,990,401 Professional Services $ 3,893,647 $ 1,798,437 Program Compliance $ 4,592,312 $ 1,778,604 Institutional Policy and Reimbursement $ 9,203,558 $ 4,436,959 Maternal and Child Health $ 561,930 $ 194,377 Operations $ 63,167,263 $ 3,205,308 Total $ 3,065,824,338 $ 1,057,042,748

Page 1858

B. Budget Unit: Indigent Trust Fund $ 120,692,764 Per Diem, Fees and Contracts $ 7,358,156 Benefits $ 311,690,615 Total Funds Budgeted $ 319,048,771 State Funds Budgeted $ 120,692,764 Section 30. Merit System of Personnel Administration. Budget Unit: Merit System of Personnel Administration $ 0 Personal Services $ 8,524,141 Regular Operating Expenses $ 1,683,552 Travel $ 82,440 Equipment $ 37,818 Real Estate Rents $ 908,271 Per Diem, Fees and Contracts $ 111,873,969 Computer Charges $ 3,067,474 Telecommunications $ 283,698 Health Insurance Payments $ 737,540,729 Total Funds Budgeted $ 864,002,092 Other Agency Funds $ 84,121 Agency Assessments $ 10,045,611 Employee and Employer Contributions $ 853,724,516 Deferred Compensation $ 147,844 State Funds $ 0 Merit System Functional Budgets Total Funds State Funds Commissioner's Office $ 1,669,568 $ 0 Applicant Services $ 2,548,053 $ 0 Classification and Compensation $ 1,269,456 $ 0 Flexible Benefits $ 1,323,619 $ 0 Employee Training and Development $ 1,340,624 $ 0 Health Insurance Administration $ 31,829,272 $ 0 Health Insurance Claims $ 820,970,637 $ 0 Internal Administration $ 3,050,863 $ 0 Total $ 864,002,092 $ 0

Page 1859

Section 31. Department of Natural Resources. A. Budget Unit: Department of Natural Resources $ 67,721,438 Operations Budget: Personal Services $ 63,473,390 Regular Operating Expenses $ 12,190,998 Travel $ 438,800 Motor Vehicle Purchases $ 1,798,081 Equipment $ 2,694,960 Real Estate Rentals $ 2,312,141 Per Diem, Fees and Contracts $ 2,338,221 Computer Charges $ 968,200 Telecommunications $ 1,057,187 Authority Lease Rentals $ 190,000 Advertising and Promotion $ 150,000 Cost of Material for Resale $ 2,450,000 Capital Outlay: New Construction $ 1,056,960 Repairs and Maintenance $ 2,190,000 Land Acquisition Support $ 225,000 Wildlife Management Area Land Acquisition $ 700,000 Shop Stock - Parks $ 300,000 User Fee Enhancements $ 1,300,000 Buoy Maintenance $ 30,000 Waterfowl Habitat $ 0 Paving at State Parks and Historic Sites $ 400,000 Grants: Land and Water Conservation $ 800,000 Environmental Facilities $ 0 Historic Preservation $ 234,330 Recreation $ 0 Contracts: Georgia Special Olympics $ 50,000 Technical Assistance Contract $ 106,513 Corps of Engineers (Cold Water Creek State Park) $ 170,047 Georgia Rural Water Association $ 80,000 Georgia State Games Commission $ 130,725 U. S. Geological Survey for Ground Water Resources $ 300,000 U.S. Geological Survey for Topographic Mapping $ 0 Hazardous Waste Trust Fund $ 4,300,000 Solid Waste Trust Fund $ 3,000,000 Payments to Georgia Agricultural Exposition Authority $ 2,333,254 Georgia Boxing Commission $ 5,000 Total Funds Budgeted $ 107,773,807 Receipts from Jekyll Island State Park Authority $ 1,034,594 Receipts from Stone Mountain Memorial Association $ 4,234,585 Receipts from Lake Lanier Islands Development Authority $ 3,362,900 Indirect DOAS Funding $ 200,000 State Funds Budgeted $ 67,721,438

Page 1860

Department of Natural Resources Functional Budgets Total Funds State Funds Internal Administration $ 7,203,161 $ 7,203,161 Parks, Recreation and Historic Sites $ 36,950,263 $ 11,068,399 Coastal Resources $ 2,213,056 $ 2,102,150 Game and Fish $ 29,271,496 $ 24,979,581 Environmental Protection $ 31,507,631 $ 21,764,947 Pollution Prevention Program $ 628,200 $ 603,200 Total $ 107,773,807 $ 67,721,438

Page 1861

B. Budget Unit: Georgia Agricultural Exposition Authority $ 0 Personal Services $ 1,784,178 Regular Operating Expenses $ 1,499,806 Travel $ 30,000 Motor Vehicle Purchases $ 12,000 Equipment $ 85,000 Computer Charges $ 34,000 Real Estate Rentals $ 0 Telecommunications $ 34,500 Per Diem, Fees and Contracts $ 598,770 Capital Outlay $ 0 Total Funds Budgeted $ 4,078,254 State Funds Budgeted $ 0 Functional Budget Total Funds State Funds Georgia Agricultural Exposition Authority $ 4,078,254 $ 0 Section 32. Department of Public Safety. A. Budget Unit: Department of Public Safety $ 86,554,705 1. Operations Budget: Personal Services $ 49,289,669 Regular Operating Expenses $ 7,043,570 Travel $ 109,800 Motor Vehicle Purchases $ 3,265,000 Equipment $ 483,695 Computer Charges $ 0 Real Estate Rentals $ 7,400 Telecommunications $ 593,000 Per Diem, Fees and Contracts $ 367,150 State Patrol Posts Repairs and Maintenance $ 150,000 Capital Outlay $ 0 Total Funds Budgeted $ 61,309,284 Indirect DOAS Service Funding $ 150,000 State Funds Budgeted $ 61,159,284 2. Driver Services Budget: Personal Services $ 18,967,041 Regular Operating Expenses $ 1,959,000 Travel $ 12,800 Motor Vehicle Purchases $ 0 Equipment $ 106,380 Computer Charges $ 3,516,000 Real Estate Rentals $ 53,300 Telecommunications $ 602,500 Per Diem, Fees and Contracts $ 190,000 Capital Outlay $ 0 Conviction Reports $ 290,000 State Patrol Posts Repairs and Maintenance $ 30,000 Driver License Processing $ 1,168,400 Total Funds Budgeted $ 26,895,421 Indirect DOAS Service Funding $ 1,500,000 State Funds Budgeted $ 25,395,421

Page 1862

Public Safety Functional Budgets Total Funds State Funds Administration $ 14,341,267 $ 14,341,267 Driver Services $ 26,895,421 $ 25,395,421 Field Operations $ 46,968,017 $ 46,818,017 Total $ 88,204,705 $ 86,554,705 B. Budget Unit: Units Attached for Administrative Purposes Only $ 13,536,666 1. Attached Units Budget: Personal Services $ 7,071,055 Regular Operating Expenses $ 2,596,360 Travel $ 87,300 Motor Vehicle Purchases $ 54,500 Equipment $ 150,250 Computer Charges $ 339,000 Real Estate Rentals $ 99,105 Telecommunications $ 138,350 Per Diem, Fees and Contracts $ 620,100 Peace Officers Training Grants $ 3,179,460 Capital Outlay $ 0 Total Funds Budgeted $ 14,335,480 State Funds Budgeted $ 13,248,480 2. Office of Highway Safety Budget: Personal Services $ 403,459 Regular Operating Expenses $ 25,430 Travel $ 9,828 Motor Vehicle Purchases $ 0 Equipment $ 1,500 Computer Charges $ 36,000 Real Estate Rentals $ 80,524 Telecommunications $ 3,800 Per Diem, Fees and Contracts $ 7,500 Highway Safety Grants $ 3,500,000 Total Funds Budgeted $ 4,068,041 State Funds Budgeted $ 288,186

Page 1863

Attached Units Functional Budgets Total Funds State Funds Office of Highway Safety $ 4,068,041 $ 288,186 Georgia Peace Officers Standards and Training $ 5,201,255 $ 5,201,255 Police Academy $ 1,051,451 $ 986,451 Fire Academy $ 1,135,035 $ 1,035,035 Georgia Firefighters Standards and Training Council $ 453,133 $ 453,133 Georgia Public Safety Training Facility $ 6,494,606 $ 5,572,606 Total $ 18,403,521 $ 13,536,666

Page 1864

Section 33. Public School Employees' Retirement System. Budget Unit: Public School Employees' Retirement System $ 9,629,000 Payments to Employees' Retirement System $ 479,000 Employer Contributions $ 9,150,000 Total Funds Budgeted $ 9,629,000 State Funds Budgeted $ 9,629,000 Section 34. Public Service Commission. Budget Unit: Public Service Commission $ 8,446,162 Personal Services $ 6,556,158 Regular Operating Expenses $ 372,515 Travel $ 200,050 Motor Vehicle Purchases $ 158,400 Equipment $ 78,412 Computer Charges $ 439,090 Real Estate Rentals $ 344,154 Telecommunications $ 118,787 Per Diem, Fees and Contracts $ 2,099,000 Total Funds Budgeted $ 10,366,566 State Funds Budgeted $ 8,446,162 Public Service Commission Functional Budgets Total Funds State Funds Administration $ 1,648,703 $ 1,648,703 Transportation $ 3,269,158 $ 1,518,654 Utilities $ 5,448,705 $ 5,278,805 Total $ 10,366,566 $ 8,446,162

Page 1865

Section 35. Board of Regents, University System of Georgia. A. Budget Unit: Resident Instruction $ 887,315,893 Personal Services: Educ., Gen., and Dept. Svcs $ 977,858,500 Sponsored Operations $ 120,000,000 Operating Expenses: Educ., Gen., and Dept. Svcs $ 215,546,044 Sponsored Operations $ 140,000,000 Special Funding Initiative $ 9,458,094 Office of Minority Business Enterprise $ 306,138 Special Desegregation Programs $ 334,702 Forestry Research $ 313,687 Research Consortium $ 8,100,000 Capital Outlay $ 300,000 Total Funds Budgeted $ 1,472,217,165 Departmental Income $ 35,000,000 Sponsored Income $ 260,000,000 Other Funds $ 286,873,972 Indirect DOAS Services Funding $ 3,027,300 State Funds Budgeted $ 887,315,893 B. Budget Unit: Regents Central Office and Other Organized Activities $ 144,307,224 Personal Services: Educ., Gen., and Dept. Svcs $ 240,503,812 Sponsored Operations $ 68,545,719 Operating Expenses: Educ., Gen., and Dept. Svcs $ 123,253,873 Sponsored Operations $ 42,869,254 Fire Ant and Environmental Toxicology Research $ 0 Agricultural Research $ 1,906,476 Advanced Technology Development Center $ 1,550,621 Capitation Contracts for Family Practice Residency $ 2,700,999 Residency Capitation Grants $ 2,412,495 Student Preceptorships $ 146,403 Mercer Medical School Grant $ 5,947,000 Morehouse School of Medicine Grant $ 4,706,000 Capital Outlay $ 50,000 Center for Rehabilitation Technology $ 2,154,439 SREB Payments $ 4,274,550 Medical Scholarships $ 1,124,488 Regents Opportunity Grants $ 600,000 Regents Scholarships $ 200,000 Rental Payments to Georgia Military College $ 870,370 CRT Inc. Contract at Georgia Tech Research Institute $ 206,780 Direct Payments to the Georgia Public Telecommunications Commission for Operations $ 6,990,857 Total Funds Budgeted $ 511,014,136 Departmental Income $ 0 Sponsored Income $ 113,196,449 Other Funds $ 252,954,763 Indirect DOAS Services Funding $ 555,700 State Funds Budgeted $ 144,307,224

Page 1866

Regents Central Office and Other Organized Activities Functional Budgets Total Funds State Funds Marine Resources Extension Center $ 1,742,947 $ 1,206,159 Skidaway Institute of Oceanography $ 3,730,743 $ 1,399,854 Marine Institute $ 1,278,554 $ 877,831 Georgia Tech Research Institute $ 126,450,928 $ 12,097,852 Education Extension Services $ 8,101,231 $ 2,075,031 Agricultural Experiment Station $ 50,938,982 $ 32,640,329 Cooperative Extension Service $ 43,618,512 $ 25,960,155 Medical College of Georgia Hospital and Clinics $ 224,179,321 $ 29,206,928 Veterinary Medicine Experiment Station $ 2,491,514 $ 2,491,514 Veterinary Medicine Teaching Hospital $ 2,625,911 $ 474,622 Joint Board of Family Practice $ 16,714,460 $ 16,714,460 Georgia Radiation Therapy Center $ 2,719,756 $ 0 Athens and Tifton Veterinary Laboratories $ 7,208,497 $ 51,524 Regents Central Office $ 19,212,780 $ 19,110,965 Total $ 511,014,136 $ 144,307,224

Page 1867

C. Budget Unit: Georgia Public Telecommunications Commission $ 0 Personal Services $ 6,722,818 Operating Expenses $ 8,591,661 Total Funds Budgeted $ 15,314,479 Other Funds $ 15,314,479 State Funds Budgeted $ 0 D. Budget Unit: Lottery for Education $ 20,121,512 Equipment, Technology and Construction Trust Fund $ 17,700,000 Capital Outlay GPTV $ 2,021,512 Distant Learning Satellite Dishes $ 400,000 Research Consortium Equipment $ 0 Total Funds Budgeted $ 20,121,512 Lottery Funds Budgeted $ 20,121,512

Page 1868

Section 36. Department of Revenue. Budget Unit: Department of Revenue $ 77,982,080 Personal Services $ 52,218,301 Regular Operating Expenses $ 4,420,138 Travel $ 1,368,174 Motor Vehicle Purchases $ 37,800 Equipment $ 788,500 Computer Charges $ 10,553,750 Real Estate Rentals $ 2,713,206 Telecommunications $ 750,491 Per Diem, Fees and Contracts $ 770,376 County Tax Officials/Retirement and FICA $ 3,132,300 Grants to Counties/Appraisal Staff $ 0 Motor Vehicle Tags and Decals $ 2,439,610 Postage $ 3,400,704 Total Funds Budgeted $ 82,593,350 Indirect DOAS Services Funding $ 3,845,000 State Funds Budgeted $ 77,982,080 Department of Revenue Functional Budgets Total Funds State Funds Departmental Administration $ 6,589,498 $ 6,589,498 Internal Administration $ 10,714,228 $ 10,514,228 Electronic Data Processing $ 9,310,044 $ 8,494,844 Field Services $ 16,886,093 $ 16,586,093 Income Tax Unit $ 7,924,232 $ 7,224,232 Motor Vehicle Unit $ 14,981,943 $ 13,681,943 Central Audit Unit $ 6,791,918 $ 6,791,918 Property Tax Unit $ 4,099,231 $ 3,132,961 Sales Tax Unit $ 4,159,338 $ 3,829,538 State Board of Equalization $ 46,000 $ 46,000 Taxpayer Accounting $ 1,090,825 $ 1,090,825 Total $ 82,593,350 $ 77,982,080

Page 1869

Section 37. Secretary of State. A. Budget Unit: Secretary of State $ 23,351,752 Personal Services $ 15,429,769 Regular Operating Expenses $ 2,534,414 Travel $ 206,350 Motor Vehicle Purchases $ 154,064 Equipment $ 179,667 Computer Charges $ 1,217,775 Real Estate Rentals $ 2,344,377 Telecommunications $ 323,686 Per Diem, Fees and Contracts $ 1,140,650 Election Expenses $ 700,000 Total Funds Budgeted $ 24,230,752 State Funds Budgeted $ 23,351,752 Secretary of State Functional Budgets Total Funds State Funds Internal Administration $ 3,323,511 $ 3,293,511 Archives and Records $ 4,366,936 $ 4,291,936 Business Services and Regulation $ 4,631,449 $ 4,031,449 Elections and Campaign Disclosure $ 1,520,727 $ 1,500,727 Drugs and Narcotics $ 962,111 $ 908,111 State Ethics Commission $ 291,164 $ 291,164 State Examining Boards $ 9,134,854 $ 9,034,854 Total $ 24,230,752 $ 23,351,752

Page 1870

B. Budget Unit: Real Estate Commission $ 1,820,481 Personal Services $ 1,093,946 Regular Operating Expenses $ 162,600 Travel $ 16,000 Motor Vehicle Purchases $ 11,000 Equipment $ 16,850 Computer Charges $ 247,455 Real Estate Rentals $ 113,700 Telecommunications $ 26,180 Per Diem, Fees and Contracts $ 132,750 Total Funds Budgeted $ 1,820,481 State Funds Budgeted $ 1,820,481 Real Estate Commission Functional Budget State Funds Cost of Operations Real Estate Commission $ 1,820,481 $ 1,860,481 Section 38. Soil and Water Conservation Commission. Budget Unit: Soil and Water Conservation Commission $ 1,849,742 Personal Services $ 952,911 Regular Operating Expenses $ 176,755 Travel $ 45,000 Motor Vehicle Purchases $ 35,556 Equipment $ 12,000 Computer Charges $ 7,850 Real Estate Rentals $ 59,000 Telecommunications $ 17,520 Per Diem, Fees and Contracts $ 661,150 County Conservation Grants $ 418,000 Total Funds Budgeted $ 2,385,742 State Funds Budgeted $ 1,849,742

Page 1871

Section 39. Student Finance Commission. A. Budget Unit: Student Finance Commission $ 25,834,367 Personal Services $ 4,607,435 Regular Operating Expenses $ 397,851 Travel $ 81,800 Motor Vehicle Purchases $ 0 Equipment $ 18,500 Computer Charges $ 371,000 Real Estate Rentals $ 24,763 Telecommunications $ 146,000 Per Diem, Fees and Contracts $ 42,757 Payment of Interest and Fees $ 0 Guaranteed Educational Loans $ 4,076,000 Tuition Equalization Grants $ 17,511,740 Student Incentive Grants $ 5,003,940 Law Enforcement Personnel Dependents' Grants $ 38,000 North Georgia College ROTC Grants $ 79,500 Osteopathic Medical Loans $ 160,000 Georgia Military Scholarship Grants $ 501,740 Paul Douglas Teacher Scholarship Loans $ 425,000 Total Funds Budgeted $ 33,486,026 State Funds Budgeted $ 25,834,367 Georgia Student Finance Commission Functional Budgets Total Funds State Funds Internal Administration $ 5,178,917 $ 0 Higher Education Assistance Corporation $ 0 $ 0 Georgia Student Finance Authority $ 27,795,920 $ 25,323,178 Georgia Nonpublic Postsecondary Education Commission $ 511,189 $ 511,189 Total $ 33,486,026 $ 25,834,367

Page 1872

B. Budget Unit: Lottery for Education $ 34,643,410 Hope Financial Aid $ 29,094,918 Tuition Equalization Grants $ 5,548,492 Total Funds Budgeted $ 34,643,410 Lottery Funds Budgeted $ 34,643,410 Section 40. Teachers' Retirement System. Budget Unit: Teachers' Retirement System $ 3,800,000 Personal Services $ 3,384,465 Regular Operating Expenses $ 347,750 Travel $ 26,650 Motor Vehicle Purchases $ 0 Equipment $ 12,400 Computer Charges $ 1,000,569 Real Estate Rentals $ 399,000 Telecommunications $ 70,000 Per Diem, Fees and Contracts $ 365,500 Retirement System Members $ 3,200,000 Floor Fund for Local Retirement Systems $ 600,000 Total Funds Budgeted $ 9,406,334 State Funds Budgeted $ 3,800,000 Section 41. Department of Technical and Adult Education. A. Budget Unit: Department of Technical and Adult Education $ 133,918,041 Personal Services $ 4,110,707 Regular Operating Expenses $ 368,013 Travel $ 108,250 Motor Vehicle Purchases $ 0 Equipment $ 15,000 Computer Charges $ 566,826 Real Estate Rentals $ 339,900 Telecommunications $ 135,630 Per Diem, Fees and Contracts $ 604,500 Personal Services-Institutions $ 92,122,611 Operating Expenses-Institutions $ 19,142,056 Capital Outlay $ 790,000 Quick Start Program $ 6,015,059 Area School Program $ 23,864,833 Regents Program $ 2,660,920 Adult Literacy Grants $ 12,450,158 Total Funds Budgeted $ 163,294,463 State Funds Budgeted $ 133,918,041

Page 1873

Functional Budgets Total Funds State Funds Administration $ 6,248,826 $ 4,441,031 Institutional Programs $ 157,045,637 $ 129,477,010 Total $ 163,294,463 $ 133,918,041 B. Budget Unit: Lottery for Education $ 7,481,000 Special Education Equipment $ 200,000 Distant Learning - Satellite Dishes $ 320,000 Computer Hardware and Software $ 937,000 Capital Outlay - Computer Labs $ 2,544,000 Capital Outlay - Adult Literacy $ 3,480,000 Total Funds Budgeted $ 7,481,000 Lottery Funds Budgeted $ 7,481,000 Section 42. Department of Transportation. Budget Unit: Department of Transportation $ 437,628,277 Personal Services $ 229,719,857 Regular Operating Expenses $ 59,346,345 Travel $ 1,497,590 Motor Vehicle Purchases $ 1,000,000 Equipment $ 5,224,774 Computer Charges $ 5,167,513 Real Estate Rentals $ 1,343,274 Telecommunications $ 2,235,365 Per Diem, Fees and Contracts $ 47,353,845 Capital Outlay $ 645,616,019 Capital Outlay - Airport Approach Aid and Operational Improvements $ 1,024,100 Capital Outlay Airport Development $ 1,167,500 Mass Transit Grants $ 14,289,181 Harbor Maintenance/Intra-Coastal Waterways Maintenance and Operations $ 680,000 Spoilage Area Acquisition, Clearing, Preparation and Dike Reconstruction $ 0 Total Funds Budgeted $ 1,015,665,363 State Funds Budgeted $ 437,628,277

Page 1874

Department of Transportation Functional Budgets Motor Fuel Tax Budget Total Funds State Funds Planning and Construction $ 729,180,617 $ 178,669,188 Maintenance and Betterments $ 231,941,331 $ 220,741,331 Facilities and Equipment $ 9,600,000 $ 9,000,000 Administration $ 22,469,481 $ 21,889,481 Total $ 993,191,429 $ 430,300,000 General Funds Budget Total Funds State Funds Paving at State and Local Schools and State Institutions $ 0 $ 0 Air Transportation $ 1,519,316 $ 1,159,316 Inter-Modal Transfer Facilities $ 20,274,618 $ 5,488,961 Harbor/Intra-Coastal Waterways Activities $ 680,000 $ 680,000 Total $ 22,473,934 $ 7,328,277

Page 1875

Section 43. Department of Veterans Service. Budget Unit: Department of Veterans Service $ 22,666,171 Personal Services $ 4,583,344 Regular Operating Expenses $ 112,500 Travel $ 71,200 Motor Vehicle Purchases $ 0 Equipment $ 84,000 Computer Charges $ 7,300 Real Estate Rentals $ 236,000 Telecommunications $ 56,500 Per Diem, Fees and Contracts $ 23,000 Operating Expense/Payments to Central State Hospital $ 16,284,845 Operating Expense/Payments to Medical College of Georgia $ 6,250,100 Regular Operating Expenses for Projects and Insurance $ 719,000 Total Funds Budgeted $ 28,427,789 State Funds Budgeted $ 22,666,171 Veterans Service Functional Budgets Total Funds State Funds Veterans Assistance $ 5,103,344 $ 4,843,729 Veterans Home and Nursing Facility Milledgeville $ 16,498,145 $ 12,709,343 Veterans Nursing Home Augusta $ 6,826,300 $ 5,113,099 Total $ 28,427,789 $ 22,666,171 Section 44. Workers' Compensation Board. Budget Unit: Workers' Compensation Board $ 9,758,103 Personal Services $ 6,916,982 Regular Operating Expenses $ 309,620 Travel $ 62,000 Motor Vehicle Purchases $ 0 Equipment $ 9,200 Computer Charges $ 314,073 Real Estate Rentals $ 938,619 Telecommunications $ 125,000 Per Diem, Fees and Contracts $ 272,500 Payments to State Treasury $ 1,000,000 Total Funds Budgeted $ 9,947,994 State Funds Budgeted $ 9,758,103

Page 1876

Section 45. State of Georgia General Obligation Debt Sinking Fund. A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund State General Funds (Issued) $ 306,356,608 Motor Fuel Tax Funds (Issued) $ 54,700,000 361,056,608 B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund State General Funds (New) $ 82,818,950 Motor Fuel Tax Funds (New) $ 0 82,818,950 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.

Page 1877

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 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.

Page 1878

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, Department of Administrative Services. 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. The Department of Administrative Services is authorized to develop a plan for all radio systems (including a new 800 mhz system) for all state agencies. It is also the intent of this General Assembly that all radio equipment purchases be restricted until this plan can be developed. All radio equipment purchases shall require the approval of the Office of Planning and Budget. Section 53. Provisions Relative to Section 13, Department of Agriculture. Provided that of the appropriation to the Department of Agriculture, $85,000 is designated and committed for youth programs and activities. Section 54. Provisions Relative to Section 16, Department of Community Affairs. Provided, that the funds appropriated herein to the Georgia Environmental Facilities Authority for loans shall be available for nominal or no interest loans to counties, municipalities, local water or sewer authorities, boards or political subdivisions created by the General Assembly or pursuant to the Constitution

Page 1879

and laws of the state for emergency-type water and sewer projects. Section 55. Provisions Relative to Section 17, Department of Corrections. 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. Provided, that the Department shall require the same qualifications for contract chaplains as that for classified merit system positions with the same job duties. It is the intent of this General Assembly that the Department is authorized to use agency funds, not to exceed $200,000, to evaluate system-wide health care needs of offenders in the custody of the Department. Section 56. Provisions Relative to Section 19, State Board of Education-Department of Education. The formula calculation for Quality Basic Education funding assumes a base unit cost of $1,638.66. 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 19, 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 1993. From the Appropriations in Section 19, 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

Page 1880

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 1994 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 1994 that it contributed during SFY 1993. It is intended that the electronic student information system is a component of the statewide comprehensive electronic information network required by Section 20-2-320 of the Quality Basic Education Act and funds appropriated for the student information system and the electronic information network are considered to be for the same purpose. Local county school systems that have complied with the advance incentive funding program shall have priority in future appropriations by the General Assembly for school building construction in the advance incentive funding program. 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.

Page 1881

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 high schools. It is the intent of this General Assembly that the Department of Education accumulate empirically-based data to support educational research and program evaluation. It is the intent of this General Assembly that the department continue the Student Profiles activity with existing funds. Provided, however, that it is the intent of the General Assembly that every classroom teacher in grades K-5 shall have a duty-free lunch period. Provided, that the Governor's Scholarship Program shall include the following graduates from accredited high schools in Georgia with minimum full-time equivalent (FTE) counts in grades 9 through 12 as noted: high schools with 150 or more FTE count, the valedictorian, salutatorian and Star Student; high schools with 100 to 149 FTE count, the valedictorian and Star Student; high schools with 50 to 99 FTE count, the valedictorian. It is the intent of the General Assembly that the mid-term adjustment to the Quality Basic Education formula grants and calculations for the ensuing fiscal year Quality Basic Education formula grants be based on the corrected full-time equivalent student count as received by the Department of Education from each local school system as of the last working day prior to Thanksgiving Day of the applicable fiscal year pursuant to Code Sections 20-2-160 and 20-2-162(a). The corrected full-time equivalent count shall be transmitted to the Office ofPlanning and Budget by the Department of Education by the close of business on the same day. Provided, that funds for pilot elementary school foreign language programs shall be used for first grade programs in schools which had pilot kindergarten programs in Fiscal Year 1993.

Page 1882

Provided, that the above amount of Lottery funds appropriated for Next Generation School Grants shall be used for the purchase of equipment, computer hardware and computer software only. Section 57. Provisions Relative to Section 21, Forestry Commission. It is the intent of the General Assembly that the Walker Nursery remain open. It is the intent of the General Assembly that the Forestry Commission continue compilation, publication and distribution of the Georgia Forestry Magazine and Wood-Using Industries in Georgia publications. Section 58. Provisions Relative to Section 23, Office of the Governor. The Governor's Office of Planning and Budget shall give prior approval for all publications, other than Departmental internal forms. Section 59. Provisions Relative to Section 24, Department of Human Resources. The Department of Human Resources is authorized to calculate all Aid to Families with Dependent Children benefit payments utilizing a factor of 66.0% of the standards of need; such AFDC payments shall be made from the date of certification and not from the date of application; and the following maximum benefits and maximum standards of need shall apply: Number in Asst. Group Standards of Need Maximum Monthly Amount 1 $ 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

Page 1883

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. 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 1994 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. 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, it is the intent of this General Assembly that the Department of Human Resources is authorized to allow eligible individuals with mental retardation to be served in the least restrictive community setting possible in lieu of a state mental retardation

Page 1884

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. Provided, the department is authorized to transfer Personal Services surpluses, not to exceed $275,000 at each of the MH/MR/SA institutions to insure sufficient funding for agency contracted nursing services. Such transfers shall not require prior budgetary approval. In addition to the above appropriation for the Department of Human Resources, the Department is authorized to utilize additional federal VR110 funds for capital outlay projects at Roosevelt Warm Springs Institute for Rehabilitation for use by handicapped citizens. Necessary matching funds will be provided within existing budget and with donated funds. It is the intent of the General Assembly that, in the event the Department receives additional federal funding for childhood immunizations, over and above its usual direct assistance allocation, the Department is authorized to expend these new funds on implementing a program of additional vaccine purchase to increase immunization rates, provided the level of such new funds is adequate to implement this action statewide, by making such vaccines available without charge to physicians licensed under Title 43, Chapter 34, and who agree not to impose a charge for such vaccine on the child recipient, the child's parent, or any other person or party. The Department also is authorized to expend a portion of any such new federal funds for the administration and implementation of this program. Provided, that of the appropriation relative to Mental Health Community Services and Community Mental Health Center Services, $783,482 is designated and committed for services for severely emotionally disturbed children and adolescents and services for the chronically mentally ill and that funding shall be allocated to Gwinnett, Rockdale and Newton Counties based on a per client basis. Section 60. Provisions Relative to Section 28, Law Department.

Page 1885

Provided, the department is authorized to use other funds for the use of upgrading computer systems. Section 61. Provisions Relative to Section 29, Department 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 is authorized to use existing funds for coverage of Occupational Therapy Service in Home Health Services. The Department of Medical Assistance is directed to use existing funds to cover the services of certified registered nurse anesthetists. Section 62. Provisions Relative to Section 30, Merit System of Personnel Administration. The Department is authorized to assess no more than $171.50 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 the state employees health benefit plan for SFY 1994 shall not exceed 12.5%. It is the intent of this General Assembly that the employer contribution rate for the teachers health benefit plan for SFY 1994 shall not exceed 8.66%.

Page 1886

Section 63. Provisions Relative to Section 31, Department of Natural Resources. No land shall be purchased for State park purposes from funds appropriated in Section 31 (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 31. Provided that of the funds appropriated herein for Historic Preservation Grants, distribution thereof shall be pro rata among those Regional Development Centers which employ Preservation Planners as of July, 1991. 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 up to 50 percent of the excess receipts to supplant State funds and the balance 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 64. Provisions Relative to Section 32, Department of Public Safety. It is the intent of this General Assembly that the issuance of unmarked cars shall be made in accordance with the Rules and Regulations issued by the Commissioner of Public Safety. It is the intent of this General Assembly that from the funding appropriated for the expansion of Driver Services, no funds may be expended for the purchase of license-issuance buses or the training of license examiners after initial training. It is the intent of this General Assembly that the Department purchase full-size pursuit vehicles. Section 65. Provisions Relative to Section 35, Board of Regents, University System of Georgia.

Page 1887

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. Provided, that of the above amount, $5,250,000 is appropriated for eminent scholar chairs and shall be placed in the Georgia Eminent Scholars Endowment Trust Fund. Provided that of the above Lottery funds, $17,700,000 is appropriated to establish an Equipment, Technology and Construction Trust Fund. Of the total amount, no more than $10,200,000 shall be reserved for research and technology initiatives as recommended by the Georgia Research Alliance. Additionally, $6,500,000 shall be used to match public and private grants to public colleges and universities with a minimum of $2,100,000 of this amount allocated to senior colleges and regional universities. The Board of Regents shall allocate $1,000,000 for educational and agricultural purposes to activities that comprise Budget Unit B - Regents Central Office and Other Organized Activities. It is the intent of this General Assembly that the Regents continue the conversion of Valdosta State College to Regional University status, initiate the conversion of West Georgia College to Regional University status, study and evaluate the feasibility of converting Columbus College and Ft. Valley State College to Regional University status, and evaluate the conversion of Macon College to four-year college status. It is also the intent of this General Assembly that the Regents evaluate the necessity of creating additional off-campus and satellite programs and review the proliferation of existing off-campus and satellite programs. It is also the intent of this General Assembly that the Regents report their progress and findings relative to the above prior to the 1994 Regular Session. Provided, that of the above funds appropriated to Research Consortium, $50,000 is intended for Kenaf Research.

Page 1888

Section 66. Provisions Relative to Section 36, Department of Revenue. It is the intent of this General Assembly that the Department of Revenue designate, based on need, the sixteen counties to be provided with on-line access to the current state motor vehicle computer system. Section 67. Provisions Relative to Section 37, Secretary of State. Provided, that of the funds appropriated for State Examining Boards, $75,000 is authorized for board member participation at conferences related to professional regulation. Section 68. Provisions Relative to Section 41, Department of Technical and Adult Education. None of the State funds appropriated in Section 41 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 herein, $35,000.00 is designated and committed solely for Board Member Training. Section 69. Provisions Relative to Section 42, 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.

Page 1889

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 42 of this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation. e.) Functions financed with General Fund appropriations shall be accounted for separately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution. f.) Bus rental income may be retained to operate, maintain and upgrade department-owned buses, and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment. g.) State funds for any airport development project shall not exceed local funds for such project, except for airports owned by the State of Georgia. 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/selling department-owned aircraft facilities may be retained for use in the department's aviation program.

Page 1890

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 $485,000,000 of motor fuel tax appropriated in this act, $38,641,836 is designated and committed for the Local Assistance Road Program. It is the express intent of this General Assembly, by this Act, that the use of motor fuel funds for the purpose of providing annual debt service on existing or new general obligation debt, for road purposes, issued by the State of Georgia, is for the sole and specific purpose of addressing the State's special need appropriation. The Department is authorized to use federal funds to match bond proceeds to acquire, appraise, rehabilitate and evaluate additional railroad lines. Section 70. In addition to all other appropriations for the State fiscal year ending June 30, 1994, 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; and there is hereby appropriated $400,000 for the purpose of providing funds for the Weights and Measures, Warehouse Auditing Programs, Animal Protection Program and Feed Division; there is hereby appropriated $9,120,000 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 ($9,000,000 Budget Unit B) in the Department of Human Resources; and there is hereby appropriated

Page 1891

$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 departmental remittances to the Fiscal Division of the Department of Administrative Services from agency fund collections. Section 71. Each State agency utilizing xerographic reproducing equipment shall maintain a log for each unit of equipment indicating the date, number of copies and such other data determined to be appropriate to control the utilization of such equipment. Each State agency shall also implement procedures to control usage of long distance, GIST and credit card telephone calls, in order to mitigate the State's cost therefor. Section 72. Each and every agency, board, commission, and authority receiving appropriations in this Act shall procure and utilize only the most economical and cost-effective motor vehicles suitable for the purpose and shall develop and enforce stringent regulations relating to the use of motor vehicles owned, leased, or rented by the State, including provisions that employees authorized to utilize State vehicles for commuting to and from work shall not use State vehicles except for official State business. Except as otherwise specifically authorized by this body, utilization of State motor vehicles for commuting to and from work should only be authorized in rare and unusual circumstances requiring frequent and regular use of such State 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 73.

Page 1892

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 74.

Page 1893

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 75. In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law. Section 76. No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds. Section 77. 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 78. (a.) All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities

Page 1894

as specified in the Governor's recommendations contained in the Budget Report submitted to the General Assembly at the 1993 Regular Session, except as 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 amounts are properly amended in the administration of the annual operating budget. Section 79.

Page 1895

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 80. 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 81. Provisions Relative to Section 45 State of Georgia General Obligation Debt Sinking Fund. With regard to the appropriation in Section 45 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), $14,512,320 is specifically appropriated for the purpose of providing educational facilities for county and independent school systems through the State Board of Education, through the issuance of not more than $151,170,000 in principal amount of General

Page 1896

Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $657,120 is specifically appropriated for the State Board of Education for the purpose of providing certain public library facilities for county and independent school systems, counties, municipalities, or boards of trustees of public libraries or library systems, through the issuance of not more than $6,845,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $1,661,400 is specifically appropriated for the purpose of financing projects for the Department of Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $7,100,000 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), $1,626,300 is specifically appropriated for the purpose of financing projects for the Department of Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $6,950,000 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), $7,689,600 is specifically appropriated for the purpose of financing projects for the Board of Regents of the University System

Page 1897

of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $80,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $2,669,760 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, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $27,810,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $3,221,760 is specifically appropriated for the purpose of financing projects for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $33,560,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $585,000 is specifically appropriated for the purpose of financing projects for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real

Page 1898

and personal, necessary or useful in connection therewith, through the issuance of not more than $2,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $819,000 is specifically appropriated for the purpose of financing projects for the Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or 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 sixty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $1,920,000 is specifically appropriated for the Georgia Environmental Facilities Authority for the purpose of financing loans to local governments and local government entities for water or sewer facilities or systems, through the issuance of not more than $20,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $307,200 is specifically appropriated for the purpose of financing projects for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New),

Page 1899

$182,520 is specifically appropriated for the purpose of financing projects for the Department of Industry, Trade, and Tourism, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $780,000 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), $624,000 is specifically appropriated for the purpose of financing Georgia Music Hall of Fame projects for the Department of Community Affairs, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or 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 and forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $19,200 is specifically appropriated for the purpose of financing Sports Hall of Fame projects for the Georgia Building Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $585,000 is specifically appropriated for the purpose of financing projects for the Department of Natural Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways,

Page 1900

buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $1,296,000 is specifically appropriated for the purpose of financing projects for the Georgia Ports Authority, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $13,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $795,600 is specifically appropriated for the purpose of financing projects for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $234,000 is specifically appropriated for the purpose of financing projects for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or 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.

Page 1901

Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $12,000,000 is specifically appropriated for the purpose of financing public road and bridge projects for the Department of Transportation, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $125,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $163,200 is specifically appropriated for the purpose of financing rail projects for the Department of Transportation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $710,400 is specifically appropriated for the purpose of financing George L. Smith II Georgia World Congress Center facilities for the Department of Industry, Trade and Tourism, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $7,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $1,920,000 is specifically appropriated for the purpose of financing projects for the Department of Natural Resources, by means

Page 1902

of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $20,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $395,040 is specifically appropriated for the purpose of financing projects for the Department of Children and Youth Service, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,115,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $364,800 is specifically appropriated for the purpose of financing projects for the Department of Children and Youth Service, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $487,200 is specifically appropriated for the purpose of financing projects for the Department of Human Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,075,000 in principal amount of

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General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $444,600 is specificaly appropriated for the purpose of financing projects for the Department of Human Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance 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 sixty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $369,720 is specifically appropriated for the purpose of financing projects for the Department of Human Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,580,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $346,320 is specifically appropriated for the purpose of financing projects for the Department of Human Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,480,000 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), $120,000 is specifically appropriated for the purpose of financing

Page 1904

projects for the Department of Human Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or 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 and forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $3,689,180 is specifically appropriated for the purpose of financing projects for the Department of Corrections, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $15,765,000 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), $460,800 is specifically appropriated for the purpose of financing projects for the Department of Corrections, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $249,600 is specifically appropriated for the purpose of financing projects for the Department of Corrections, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,600,000 in principal amount of General Obligation

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Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $141,120 is specifically appropriated for the purpose of financing projects for the Department of Defense, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,470,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $134,550 is specifically appropriated for the purpose of financing projects for the Department of Administrative Services, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $575,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $1,440,000 is specifically appropriated for the purpose of financing projects for the Georgia Building Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, 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 and forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $213,600 is specifically appropriated for the purpose of financing

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projects for the Georgia Building Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,225,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $355,200 is specifically appropriated for the purpose of financing projects for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,710,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $720,000 is specifically appropriated for the purpose of financing projects for the Jekyll Island-State Park Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $7,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forth months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $1,776,000 is specifically appropriated for the purpose of financing projects for the Department of Natural Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the

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issuance of not more than $18,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $2,367,840 is specifically appropriated for the purpose of financing projects for the Georgia Ports Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $24,665,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $10,848,000 is specifically appropriated for the purpose of financing projects for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $113,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $1,344,000 is specifically appropriated for the purpose of financing projects for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $14,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

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Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $2,112,000 is specifically appropriated for the purpose of financing projects for the Stone Mountain Memorial Association, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $22,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $240,000 is specifically appropriated for the purpose of financing projects for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. Section 82. Salary Adjustments. The General Assembly has distributed to and included in the agency appropriations listed hereinbefore State funds for the purposes described herein: 1.) To provide a general performance based increase of 2.5% for employees of the Judicial, Legislative and Executive branches to be awarded on each employee's anniversary date. Increases are contingent on an employee's performance rating of satisfactory or better. 2.) To add an L-5 longevity factor for teachers, public librarians, and other certificated instructional and support personnel. 3.) To provide a 1.75% salary adjustment for State-paid school bus drivers and lunchroom workers effective July 1, 1993. 4.) To provide an increase of 2.5% for each State official (excluding the members of the General Assembly) whose salary is set by Act 755 (H.B. 262) of the 1978 Regular Session of the Georgia General Assembly, as amended, as authorized in said act, Code Section 45-7-4, effective July 1,

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1993. 5.) To provide a 2% formula funding level for merit increases for Regents faculty and support personnel to be awarded on July 1, 1993 for non-academic personnel and September 1, 1993 for academic personnel. Section 83. TOTAL STATE FUND APPROPRIATIONS State Fiscal Year 1994 $ 8,958,192,764 Section 84. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 85. All laws and parts of laws in conflict with this Actare repealed. Approved April 28, 1993. APPROPRIATIONS S.F.Y. 1992-1993; SUPPLEMENTAL. No. 609 (House Bill No. 86). AN ACT To amend an Act providing appropriations for the State Fiscal Year 1992-1993 known as the General Appropriations Act, approved April 15, 1992 (Ga. L. 1992, p. 1701), as amended, particularly as amended by that certain act which originated as House Bill 121 of this session, so as to change certain appropriations for the State Fiscal Year 1992-1993; to make language and other changes; to reallocate certain funds; to reduce appropriations to the Department of Medical Assistance; to authorize general obligation debt for facilities of the Department

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of Defense; 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 1992-1993, as amended, known as the General Appropriations Act approved April 15, 1992 (Ga. L. 1992, p. 1701), particularly as amended by that certain act which originated as House Bill 121 of this session, is further amended by striking Section 29, pertaining to the Department of Medical Assistance, and by substituting in lieu thereof the following: Section 29. Department of Medical Assistance. A. Budget Unit: Medicaid Services $ 946,877,537 Personal Services $ 12,942,598 Regular Operating Expenses $ 3,273,421 Travel $ 104,200 Motor Vehicle Purchases $ 0 Equipment $ 48,176 Computer Charges $ 16,926,286 Real Estate Rentals $ 935,973 Telecommunications $ 401,058 Per Diem, Fees and Contracts $ 56,408,982 Medicaid Benefits, Penalties and Disallowances $ 2,377,950,364 Payments to Counties for Mental Health $ 43,767,828 Audit Contracts $ 772,500 SFY 1992 Medicaid benefits, Penalties and Disallowances 222,957,982 Total Funds Budgeted $ 2,736,489,368 State Funds Budgeted $ 946,877,537 Medical Assistance Functional Budgets Total Funds State Funds Commissioner's Office $ 929,327 $ 460,517 Benefits, Penalties and Disallowances $ 2,644,676,174 $ 930,791,236 Community Services $ 1,067,418 $ 379,647 Systems Management $ 18,713,573 $ 5,277,579 Professional Services $ 2,198,326 $ 909,852 Program Compliance $ 4,570,579 $ 1,730,418 Institutional Policy and Reimbursement $ 6,488,687 $ 3,606,486 Maternal and Child Health $ 482,950 $ 137,939 Operations $ 57,362,334 $ 3,583,863 Total $ 2,736,489,368 $ 946,877,537

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B. Budget Unit: Indigent Trust Fund $ 90,578,050 Per Diem, Fees and Contracts $ 0 Benefits $ 238,866,166 Total Funds Budgeted $ 238,866,166 State Funds Budgeted $ 90,578,050 Section 2. The General Assembly finds and declares that great public benefit shall result from cooperation among the United States, the state, and the counties and municipal corporations and authorities of the state with respect to location in Georgia of the proposed Defense Finance and Accounting Services site, in connection with the Opportunity for Economic Growth program of the United States Department of Defense and the Base Closure and Realignment Commission proceedings of the United States. Such benefits will include enhanced performance of defense and public functions, increased job opportunities, enhanced economic activity, and increased governmental revenues. Pursuant to that finding and declaration, it is hereby further declared to be a significant and important public purpose for the state to

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fund by general obligation debt its participation in such an undertaking. Section 3. Therefore, the Act providing appropriations for the State Fiscal Year 1992-1993, as amended, known as the General Appropriations Act approved April 15, 1992 (Ga. L. 1992, p. 1701), particularly as amended by that certain act which originated as House Bill 121 of this session, is further amended by striking Section 45, pertaining to State of Georgia General Obligation Debt Sinking Fund, and by substituting in lieu thereof the following: Section 45. State of Georgia General Obligation Debt Sinking Fund. A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund State General Funds (Issued) $ 318,716,359 Motor Fuel Tax Funds (Issued) $ 68,310,000 387,026,359 B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund State General Funds (New) $ 13,440,000 Motor Fuel Tax Funds (New) $ 0 13,440,000 Section 4. Therefore, the Act providing appropriations for the State Fiscal Year 1992-1993, as amended, known as the General Appropriations Act approved April 15, 1992 (Ga. L. 1992, p. 1701), particularly as amended by that certain act which originated as House Bill 121 of this session, is further amended by striking Section 82, pertaining to provisions relative to Section 45, State of Georgia General Obligation Debt Sinking Fund (and providing for the purposes of new debt), and by substituting in lieu thereof the following:

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Section 82. Provisions Relative to Section 45, State of Georgia General Obligation Debt Sinking Fund. With regard to the appropriation in Section 45 for State of Georgia Obligation Debt Sinking Fund, State General Funds (New), the maximum maturity, 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 of the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $13,440,000 is specifically appropriated for the purpose of financing facilities for Georgia Building Authority or the Department of Defense of the State of Georgia in connection with the Opportunity for Economic Growth program of the United States Department of Defense and the Base Closure and Realignment Commission proceedings of the United States in connection with Defense Finance and Accounting Service facilities, 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 with any such facilities, through the issuance of not more than $140,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Approved April 28, 1993.

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BUDGET ACCOUNTABILITY AND PLANNING ACT OF 1993 EXTENSIVE REVISION OF BUDGETARY PROCESS; BUDGETARY RESPONSIBILITY OVERSIGHT COMMITTEE; FISCAL NOTES; FAIR AND OPEN GRANTS ACT OF 1993; AWARD AND DISBURSEMENT OF STATE GRANTS. Code Title 45, Chapter 12, Article 4 and Code Section 28-5-42 Amended. Code Section 28-5-5 and Code Title 28, Chapter 5, Article 5 Enacted. No. 610 (Senate Bill No. 335). AN ACT To provide a short title; to amend Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Office of Planning and Budget and budgetary processes, so as to change provisions relating to state budgetary processes; to define certain terms; to provide for a strategic planning process; to provide for an outcome based budgeting system; to provide for consultation with the General Assembly; to provide for contents of budget reports; to provide for submission and review of budget estimates and annual operating budgets; to provide standards for amendments to a previously enacted General Appropriations Act; to provide for periodic work programs and their review and adjustment; to provide for allotment of funds and reductions in and reservations of allotments and appropriations; to provide for reports with respect to new programs; to authorize financial incentives to agencies for effecting cost reductions; to provide for a process of review and evaluation of programs and activities; to amend Article 1 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions regarding legislative financial affairs, so as to create a Budgetary Responsibility Oversight Committee and provide for its membership and functions; to amend Article 3 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to legislative procedures for fiscal legislation, so as to change provisions relating to fiscal notes; to amend Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to financial affairs, so as to impose requirements for the awarding of grants by the

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state; to provide a short title; to provide for definitions; to provide for applicability; to promote fairness and openness in the awarding and disbursement of state grants; to provide for rules and regulations; to provide for publication, retention, filing, and inspection of notices; to provide for practices and procedures; to provide that certain grants shall be void and shall be refunded to the state agency making the grant; to provide for audits; to provide for requirements for the appropriation of funds; to provide for other related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. This Act shall be known and may be cited as the Budget Accountability and Planning Act of 1993. Section 2. Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the Office of Planning and Budget and budgetary processes, is amended by striking Code Section 45-12-71, relating to definitions, and inserting in its place a new Code Section 45-12-71 to read as follows: 45-12-71. As used in this part, the term: (1) `Annual operating budget' means the operating budget for each budget unit which details the appropriations passed by the General Assembly for that budget unit. (2) `Appropriation' means an authorization by the General Assembly to a budget unit to expend, from public funds, a sum of money not in excess of the sum specified, for the purposes specified in the authorization and under the procedure described in this part. (3) `Appropriation Act' means an Act of the General Assembly which authorizes the expenditure of state money.

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(4) `Budget' means the complete financial plan for the fiscal year as proposed in the budget report and modified and adopted by appropriation and revenue Acts. (5) `Budget allotment' means a process of authorizing the withdrawal of state funds from the treasury based on a determination that the budget allotment request is consistent with an approved work program. (6) `Budget class' means one of the kinds of expenditures denoting a class of service or commodities purchased or properties acquired as specified in the classification of expenditures provided for in this part for use in expenditure accounting, in the making of budget estimates, and in the budget reports and budgets. (7) `Budget estimate' means the statement with accompanying explanations, as provided in this part, in which a budget unit states its financial requirements and requests appropriations. (8) `Budget message' means the required statement by the Governor to the General Assembly after its convening which gives a summary description of the Governor's proposed financial policies and plans contained in the budget report, together with recommendations for additional revenues, if any. (9) `Budget report' means the recommendations of the Governor to the General Assembly as to financial plans and expenditures to be authorized, with the accompanying statements and explanations provided for in this part. (10) `Budget unit' means a department, institution, agency, or other unit of organization for which separate appropriations are made. (11) `Outcome measure' means quantitative and qualitative indicators by which the performance of a program can be assessed against adopted goals and objectives.

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(12) `Strategic planning' means the process through which a preferred future direction and organizational mission are established and periodically updated in light of changing trends and issues and goals, objectives, and strategies are adopted and implemented to guide an organization toward that preferred future direction. Section 3. Said article is further amended by striking Code Section 45-12-73, relating to powers and duties of the Office of Planning and Budget, and inserting in its place a new Code Section 45-12-73 to read as follows: 45-12-73. The Office of Planning and Budget, at the direction and under the control of the Governor and subject to this part, shall perform the following functions: (1) Develop and implement a process of strategic planning to establish and periodically update an overall plan for state government and require all state agencies to develop a strategic plan that is consistent with that overall state plan. The Office of Planning and Budget may assist departments, boards, bureaus, commissions, institutions, authorities, and other agencies in developing those plans and in tailoring them to those organizations' program needs; (2) Develop and implement an outcome based budgeting system that relates funding to achievement of established goals and objectives, measures agency performance against attainment of planned outcomes, and provides for program evaluations for policy and funding determinations. Program evaluations may include cost benefit analyses, decision analyses, statistical analyses, comparisons with similar programs in other jurisdictions, relevant historical trends, and demographic factors, and other useful techniques. (3) Develop financial policies and plans as the basis for budget recommendations to the General Assembly and prepare detailed documents in accordance with such financial policies and plans for presentation to the General Assembly. The Office of Planning and Budget shall

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make its records and information available at all times to the General Assembly and its designees; (4) Coordinate the fiscal affairs and procedures of the state to assure the carrying out of the financial plans and policies approved by the General Assembly, including the administration of a system of annual operating budgets and amendments thereto and of expenditure control; (5) Develop plans for improvements and economies in organization and operation of the state agencies and implement such plans as are approved by the General Assembly; (6) Develop a long-term capital improvements budget which is consistent with the overall strategic plan for consideration by the General Assembly; (7) Analyze financial and administrative aspects of proposed legislation; (8) Provide such assistance as the General Assembly may request and be available to assist its appropriations committees with any needed information or material; (9) Perform all other duties provided for in this part and such other duties as the General Assembly may from time to time prescribe; (10) In an effort to improve responsiveness of government and the effective and efficient delivery of services, provide leadership in initiating, organizing, and operating partnerships and collaborations among public and private entities having common or overlapping missions, purposes, roles, responsibilities, clients, or other similar relationships; and (11) Consult with the General Assembly on a regular basis concerning the development and implementation of the strategic planning process, the development of outcome

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measures for program evaluation, and the implementation of the other provisions of this article. Section 4. Said article is further amended by striking Code Section 45-12-75, relating to the contents and form of the budget report, and inserting in its place a new Code Section 45-12-75 to read as follows: 45-12-75. The budget report shall contain and include the following information: (1) Summary statements of the financial condition of the state, accompanied by such detailed schedules of assets and liabilities as the Governor deems desirable, which shall include, but not be limited to, the following: (A) A comparative consolidated balance sheet showing all the assets and liabilities of the state and the surplus or deficit, as the case may be, at the close of each of the two fiscal years last concluded; (B) Summary statements of fund balances showing in detail for each fund the surplus or deficit at the beginning of each of the two fiscal years last concluded, the actual income of that year, the total appropriation of that year, and the total expenditures of that year; and (C) Similar summary statements of the estimated fund balances for the current fiscal year and the next fiscal year; (2) Statements of income and receipts for each of the two fiscal years last concluded, and the estimated income and receipts of the current fiscal year and the next fiscal year, and a statement of unappropriated surplus expected to have accrued in the state treasury at the beginning of the next fiscal year. The statements of income and estimated income shall be itemized by sources and by the budget unit collecting the same. The statements of receipts and estimated receipts shall be itemized by sources and by the budget unit receiving the same. Existing

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sources of income and receipts shall be analyzed as to their equity, productivity, and need for revision, and any proposed new sources of income or receipts shall be explained; (3) Summary statements of expenditures and disbursements for each of the two fiscal years last concluded, itemized by budget units under functional heads and showing the amounts expended for each major function of the government; (4) A statement of the surplus account, showing the excess of all current assets over all current liabilities as of the end of each of the two fiscal years last concluded and all changes in surplus account during each of such two fiscal years; (5) Detailed comparative statements of expenditures and requests for appropriations by funds, budget units, and budget classes, showing the expenditures for each of the two fiscal years last concluded, the budget of the current year, and the Governor's recommendations for appropriations for each budget unit for the next fiscal year. Following the lists of actual and proposed expenditures of each budget unit there shall be a brief explanation of the functions of the unit and comments on its policies and plans and on any considerable differences among the amounts expended and the amounts recommended, with such descriptive, quantitative, comparative, and other data as to work done, unit costs, and like information as is considered necessary or desirable. In connection with each budget class of capital outlays involving construction projects to be completed in two or more fiscal years, there shall be shown the total estimated cost of each such project and the amount thereof recommended to be appropriated and expended in each ensuing fiscal year until completion of the project. Capital outlay needs shall be projected for a period that is consistent with each organization's approved strategic plan as summarized in the budget;

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(6) A summary statement of the cash resources estimated to be available at the beginning of the next fiscal year and the estimated cash receipts of the fiscal year as compared with the total recommended amounts of appropriation for all budget classes for the year and, if the total of the recommended expenditures exceeds the total of the estimated resources, recommendations as to how the deficiency is to be met and estimates of receipts from any proposed additional revenues; (7) A draft of a proposed General Appropriations Act or Acts embodying the Governor's budget report and recommendations for appropriations for the next fiscal year and drafts of such revenue and other Acts as may be recommended for putting into effect the proposed financial plan. The recommended appropriation for each budget unit shall be specified in a separate section of the General Appropriations Act. The total amount of appropriations recommended shall not exceed the cash resources available to meet expenditures under such appropriations; and (8) Such other information as the Governor deems desirable or as is required by law. Section 5. Said article is further amended by inserting immediately following Code Section 45-12-75 a new Code Section 45-12-75.1 to read as follows: 45-12-75.1 (a) On or before October 1 of 1994 and each year thereafter, the Governor, through the Office of Planning and Budget, shall prepare and submit to the Budgetary Responsibility Oversight Committee a continuation budget report. On or before May 1 of 1994 and every year thereafter, the Governor, through the office of Planning and Budget, shall consult and coordinate with the chairperson of the Budgetary Responsibility Oversight Committee to develop a list of agencies and programs in agencies which will be included in the continuation budget report for the year. Each state department shall be included in the continuation budget report not less than once every five years. The continuation budget report shall contain a detailed analysis of

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the funds necessary to provide services in the current fiscal year for each state agency and program examined. Such report shall address all programs and shall include a description of the purposes and accomplishments of the programs. (b) The committee shall consider the budget report prepared pursuant to this Code section in conjunction with the audit report prepared pursuant to paragraph (4) of Code Section 50-6-24. (c) The committee shall submit to the membership of the General Assembly within one week of the convening of each regular session of the General Assembly a list of all programs included in the continuation budget report for each department examined as well as actions recommended, if any, by the committee. (d) It is the intent of this Code section to examine all state departments not less than once every five years. Section 6. Said article is further amended by striking Code Section 45-12-78, relating to submission of agency budget estimates and review of budget estimates by the Office of Planning and Budget, and inserting in its place a new Code Section 45-12-78 to read as follows: 45-12-78. (a) Not later than September 1 of each year, the head of each budget unit, other than the General Assembly and the judiciary, shall submit to the Office of Planning and Budget estimates of the financial requirements of the budget unit for the next fiscal year, on the forms and in the manner prescribed by the Office of Planning and Budget, with such explanatory data as is required by the Office of Planning and Budget. Such submission shall utilize such budget classes and be within such expenditure parameters as may be established by the Governor. The head of a budget unit also may submit such additional data as is helpful. The estimates so submitted shall bear the approval of the board or commission of each budget unit for which a board or commission is constituted.

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(b) Except as otherwise provided in this subsection, the budget estimates for the General Assembly, including all the legislative agencies, shall be prepared by the Speaker of the House of Representatives and the President of the Senate and such other legislative officers as appropriate and shall be submitted to the director of the budget at the same time as other budget estimates are submitted. The Department of Audits and Accounts, for the purpose of this part, is a legislative agency and shall be construed in all respects as such; and the budget estimate for said department shall be prepared by the state auditor and shall be included in the budget report without revision and shall not be subject to review or control by the Office of Planning and Budget. The director of the Fiscal Division of the Department of Administrative Services shall assist in the preparation of these budget estimates, if requested. Effective with the budget estimates for the fiscal year beginning July 1, 1985, the budget estimates for the Senate, the office of the Lieutenant Governor, and the office of the Secretary of the Senate shall be prepared by the Senate; the budget estimates for the House of Representatives, the office of the Speaker of the House of Representatives, and the office of the Clerk of the House of Representatives shall be prepared by the House of Representatives; and the budget estimates for the Office of Legislative Counsel, the Office of Legislative Fiscal Officer, and the Office of Legislative Budget Analyst shall be prepared by the Legislative Services Committee. All of such budget estimates shall include such object classes as the Legislative Services Committee shall determine, and transfers of funds may be made between such object classes. Funds may also be transferred between the Senate, the office of the Lieutenant Governor, and the office of the Secretary of the Senate. Funds may also be transferred between the House of Representatives, the office of the Speaker of the House of Representatives, and the office of the Clerk of the House of Representatives. Funds may also be transferred between the Office of Legislative Counsel, the Office of Legislative Fiscal Officer, and the Office of Legislative Budget Analyst. (c) Budget estimates for the judiciary shall be prepared by the Chief Justice of the Supreme Court and the Chief Judge of the Court of Appeals and such other judicial officers

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as appropriate and shall be submitted to the director of the budget at the same time as other budget estimates are submitted. The director of the Fiscal Division of the Department of Administrative Services shall assist in the preparation of these budget estimates, if requested. (d) All of the data relative to the legislative and judicial branches of the government shall be for the information and guidance of the Office of Planning and Budget in estimating the total financial needs of the state for the ensuing period, but none of these estimates shall be subject to revision or review by the Office of Planning and Budget and must be included in the budget report as prepared by it. Section 7. Said article is further amended by striking Code Section 45-12-80, relating to appropriations Acts, and inserting in its place a new Code Section 45-12-80 to read as follows: 45-12-80. (a) The financial plan for each fiscal year, as presented in the budget report, shall be adopted, with such modifications as are made by the General Assembly, by the passage of a General Appropriations Act and such revenue and other Acts as are necessary for the purpose. (b) Each General Appropriations Act, now of force or hereafter adopted, with such amendments as are adopted from time to time shall continue in force and effect for the next fiscal year after adoption; and it shall then expire except for the mandatory appropriations required by the Constitution of Georgia or those required to meet contractual obligations authorized by the Constitution of Georgia or the continued appropriation of federal grants. (c) In addition to the appropriations made by the General Appropriations Act and amendments thereto, the General Assembly may make additional appropriations by Acts, which shall be known as supplementary appropriations Acts, provided no such supplementary appropriation shall be available unless there is an unappropriated surplus in the state treasury or the revenue necessary to pay such appropriation shall have been provided by a tax laid for such purpose

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and collected into the general fund of the state treasury. Neither house shall pass a supplementary appropriation bill until the General Appropriations Act shall have been finally adopted by both houses and approved by the Governor. (d) The annual operating budget for each budget unit shall be submitted for approval to the Office of Planning and Budget by May 31 of the fiscal year preceding the effective date; shall be submitted on forms and in the format as determined by the Office of Planning and Budget; and shall conform to approved appropriations Acts. The total annual operating budget, including such schedules and supplementary information as may be required by the Office of Planning and Budget, shall be considered the financial plan for the budget unit. The various schedules included in the annual operating budget shall govern the approved expenditures for the applicable object class and shall ensure that these expenditures conform to both the letter and the intent of approved appropriations Acts. The Governor through the Office of Planning and Budget shall direct to be made such changes in the submitted annual operating budget as the Governor deems necessary to bring the annual operating budget into conformity with approved appropriations Acts. Section 8. Said article is further amended by striking Code Section 45-12-82, relating to the filing of quarterly work programs and their review and approval by the Office of Planning and Budget, and inserting in its place a new Code Section 45-12-82 to read as follows: 45-12-82. The Governor, through the Office of Planning and Budget, shall require each budget unit, other than those of the legislative branch and the judicial branch, to file periodic work programs with the Office of Planning and Budget at such time as the Office of Planning and Budget shall direct. As provided in Code Section 45-12-83, no allotment of funds shall be approved for any budget unit until such budget unit has filed a periodic work program with the Office of Planning and Budget and the periodic work program has been approved by the Governor. The work program shall be presented on forms prescribed by the Office of Planning and Budget and shall contain such information as the

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Governor, through the Office of Planning and Budget, may require. The work program shall include the amount of the portion of the appropriation required for the period's expenditures based on the budget prepared as provided in this part. Periodic work programs may be amended from time to time in such manner as the Office of Planning and Budget may require. A duplicate copy of all of the periodic work programs and any amendments thereto shall be filed simultaneously with the Office of Planning and Budget, the director of the Fiscal Division of the Department of Administrative Services, the state auditor, the Comptroller General, and the Office of Legislative Budget Analyst. Section 9. Said article is further amended by striking Code Section 45-12-84, relating to the review of quarterly work programs and allotments of funds, and inserting in its place a new Code Section 45-12-84 to read as follows: 45-12-84. (a) The Governor, through the Office of Planning and Budget, shall review the periodic work programs submitted by the budget units for conformity to the budget approved by the General Assembly. (b) The Governor, through the Office of Planning and Budget, shall review the requests for allotment of funds for conformity to the approved periodic work program. Section 10. Said article is further amended by striking Code Section 45-12-85, relating to the examination and investigation of quarterly work programs, and inserting in its place a new Code Section 45-12-85 to read as follows: 45-12-85. (a) The Governor shall examine the periodic work programs and shall make or cause to have made such further investigations by the Office of Planning and Budget, with such hearings before the Governor as he or she deems advisable, and shall direct changes in such provisions of the periodic work program as the Governor finds do not conform to the budget approved by the General Assembly. (b) The Governor through the Office of Planning and Budget shall seek to effect economy, efficiency, and sound

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fiscal management in reviewing budget allotment requests and may make such changes to the budget allotment requests to meet these goals and objectives and which are consistant with and subject to the method and provisions contained in the General Appropriation Act. Upon determination that the requested budget allotment conforms with the approved work program and meets the above-mentioned goals and objectives, the Governor shall execute his or her warrant on the treasury for the funds included in the approved budget allotment. Notwithstanding any authorization for expenditure included in an appropriations Act, all appropriations in excess of the approved budget allotments for the budget year, as determined by the Office of Planning and Budget, shall cease to be an obligation of the state. The Office of Planning and Budget shall notify the Office of Legislative Budget Analyst and the Budgetary Responsibility Oversight Committee of any such action with appropriate supporting information. Section 11. Said article is further amended by striking Code Section 45-12-86, relating to the proration and allotments of funds, and inserting in its place a new Code Section 45-12-86 to read as follows: 45-12-86. The Governor, during the first six months of a fiscal year period in which the current revenue estimate on which appropriations are based is expected to exceed actual revenues, is authorized to require state agencies to reserve such appropriations as specified by the Governor for budget reductions to be recommended to the General Assembly at its next regular session. Section 12. Said article is further amended by striking Code Section 45-12-88, relating to budget units furnishing information to the General Assembly before instituting new programs, and inserting in its place a new Code Section 45-12-88 to read as follows: 45-12-88. When any budget unit has plans to institute any new program, it shall be the duty of the head of such unit to furnish to the Budgetary Responsibility Oversight Committee, on September 1 prior to the convening date of

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the session at which appropriations to finance such program are to be sought, a description of the program, the reason for seeking to institute such program, the operating procedure of such program, the manner in which it conforms to the organization's strategic plan as well as the state strategic plan, and any other information which would be helpful to the members of the committee in determining whether or not to appropriate funds therefor. The members shall also be furnished with the projected cost to implement the program fully. Section 13. Said article is further amended by adding a new Code section immediately following Code Section 45-12-94, to be designated Code Section 45-12-95, to read as follows: 45-12-95. (a) It is the intent of the General Assembly to encourage state agencies to identify and implement cost-saving measures. (b) It is the duty of the Office of Planning and Budget to assist state agencies in identifying and implementing measures that provide current services to the public at a reduced cost or improved services to the public at the same cost. (c) The Office of Planning and Budget is authorized to encourage state agencies to identify and propose cost-saving initiatives by establishing a system of financial incentives. A cost-saving initiative shall include a description of the proposed action to effect a cost reduction and the proposed use of the resulting savings. A system of financial incentives to encourage agencies to identify and propose cost-saving initiatives shall include the following provisions: (1) Any agency that implements an approved cost-saving initiative shall be eligible to receive one-half of the resulting savings to be spent on other unfunded or underfunded needs of the agency's own choosing, provided that any such expenditures are consistent with the organization's approved strategic plan and do not create a continuing funding requirement in future fiscal years unless approved by the General Assembly in the next appropriations Act.

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(2) Where cost savings are one-time in nature, the implementing agency shall be eligible to receive one-half of the savings for one year. Where cost savings result from reductions in continuation spending, the implementing agency shall be eligible to receive one-half of the savings each year for a period of three years. (d) The Office of Planning and Budget must review and approve all proposed cost-saving initiatives prior to their implementation for the implementing agency to be eligible for receipt of financial incentives. However, as part of this review, the Office of Planning and Budget must consult with a cross section of agencies and the Office of Legislative Budget Analyst. (e) The Office of Planning and Budget shall maintain records on all approved cost-saving initiatives and, with the Governor's approval, shall reflect in the budget report submitted each year to the General Assembly the cost reductions in the affected agencies' budgets and the resulting financial incentives by agency. (f) The Office of Planning and Budget shall issue rules and regulations as necessary to implement this program. Section 14. Said article is further amended by striking Code Section 45-12-175, relating to the preparation of long-range development plans by the Office of Planning and Budget, and inserting in its place a new Code Section 45-12-175 to read as follows: 45-12-175. (a) The Governor, through the Office of Planning and Budget, shall have in continuous process and revision a strategic plan for the state as a whole. This plan shall be updated at least on an annual basis and shall cover a minimum period of time as determined by the Office of Planning and Budget, but not less than five years. It shall have as its primary goal the improved fiscal responsibility and responsiveness of state government and the effective and efficient delivery of services. The goals and strategies contained in this state strategic plan shall be reflected by the various departments, boards, bureaus, commissions, institutions,

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authorities, and other agencies of state government, as respectively applies, in the development of their own strategic plans which specifically deal with their respective future directions and organizational missions. Each strategic plan developed by each department, board, bureau, commission, institution, authority, and other agency of state government shall contain a description of its future direction; a statement of its organizational mission; a description of the current and anticipated future needs being addressed by its preferred future direction and organizational mission; a description of planned actions designed to address these needs; a description of the goals for the program or services to be improved; a course of action for achieving the planned improvements, including an implementation timetable; a description of the evaluation system to be used to determine if the goals are being attained; an estimated annual cost for each planned improvement of a program or service; and all other items as the Office of Planning and Budget may deem necessary. Each department, board, bureau, commission, institution, authority, and other agency of state government shall submit its own strategic plan to the Office of Planning and Budget as supporting information for the budget estimates required under Code Section 45-12-78. (b) The Office of Planning and Budget shall cause to be prepared and coordinate the development of strategic plans by departments, boards, bureaus, commissions, institutions, authorities, and other agencies to ensure that the state-wide directions are met. The Office of Planning and Budget shall: (1) Ensure that the focus of the various plans do not conflict with the general state goals; (2) Offer assistance to the various departments, boards, bureaus, commissions, institutions, authorities, and other agencies of state government in the design and execution of their programs and be the coordinating agency for the separate department or agency proposals; (3) Phase in implementation by the various departments, boards, bureaus, commissions, institutions, authorities, and other agencies of state government. By

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September 1 of 1993 and each year thereafter until all departments, boards, bureaus, commissions, institutions, authorities, and other agencies have initiated strategic planning, the Office of Planning and Budget shall notify the Budgetary Responsibility Oversight Committee as to which departments, boards, bureaus, commissions, institutions, authorities, and other agencies will initiate strategic planning in the coming year; and (4) Present such strategic plans, in cooperation with the affected department, board, bureau, commission, institution, authority, or other agency, to the Budgetary Responsibility Oversight Committee. (c) To assist in the development of plans and programs of state government, the Governor, through the Office of Planning and Budget, may request, as appropriate, that each department, agency, and institution of state government designate, from among its employees and officers, a planning officer or representative who shall be responsible for the planning and coordination of the activities and responsibilities of the department, agency, or institution. Such planning officer or representative shall coordinate program plans prepared for each area of program responsibility within his or her agency of the state government. Section 15. Said article is further amended by striking Code Section 45-12-177, relating to the review and establishment of state goals and policies, and inserting in its place a new Code Section 45-12-177 to read as follows: 45-12-177. (a) The Office of Planning and Budget shall have the power and duty to review and consider immediate and long-range state agency proposals, goals, and directions and to establish state-wide goals and policies. (b) The Governor, through the Office of Planning and Budget, shall prepare an annual policy document to reflect the state strategic plan and address state-wide goals, objectives, and opportunities. Such policy document shall be transmitted to the General Assembly at the beginning of each legislative session beginning with the 1994 session.

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Section 16. Said article is further amended by striking Code Section 45-12-178, relating to the preparation and updating of a development program, and inserting in its place a new Code Section 45-12-178 to read as follows: 45-12-178. (a) It is the intent of the Governor and the General Assembly that taxpayers' money be spent in the most effective and efficient manner possible in order to obtain the maximum benefit from such expenditures. In furtherance of this objective, the Governor, through the Office of Planning and Budget, shall assist the General Assembly in establishing an ongoing review and evaluation of all programs and functions in state government. (b) Within 15 days after the legislative session is adjourned each year, the presiding officers of both the House of Representatives and the Senate shall identify and present to the Governor a list of those programs for which program evaluations are requested. (c) The Office of Planning and Budget and the Department of Audits shall undertake and complete evaluations on as many of those requested programs as resources will permit. The Office of Legislative Budget Analyst, the Board of Regents of the University System of Georgia, and all other state agencies are authorized and directed to provide assistance to the Office of Planning and Budget and the Department of Audits, as requested, in the performance of these evaluations. The Office of Planning and Budget and the Department of Audits are also authorized to contract with private contractors to perform, or assist in the performance of, these evaluations. (d) The Office of Planning and Budget and the Department of Audits shall report to the Budgetary Responsibility Oversight Committee by August 31 of each year on the results of its program evaluations. Such reports shall include: (1) Appropriate background information on the affected program, including how and why it was initiated, its functions, what group it serves, how it is organized

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structurally and geographically, what is its staff size and composition, and what is its workload; (2) Financial information including the source and amounts of funding and unit costs, where applicable; (3) A description of the program's mission, goals, and objectives and an assessment of the extent to which the program has performed in comparison; (4) Comparisons with other applicable public and private entities as to their experiences, service levels, costs, and staff resources required; (5) Recommendations concerning the program, including whether it should be continued as it is currently operated, continued with identified steps to remediate deficiencies or institute improvements, or discontinued. Consideration should also be given to possible privatization or consolidation with other similar programs; and (6) Such other information as is identified as appropriate. (e) It is the intent of the General Assembly that all programs be evaluated at least every ten years. Section 17. Department heads shall respond, in writing, within 90 days of the receipt of the report to recommendations and findings by the Office of Planning and Budget or the Department of Audits setting forth in detail the action to be taken by said department to address the recommendations and findings. Said written response shall be made to the Office of Planning and Budget, the Department of Audits, and the Budgetary Responsibility Oversight Committee. Section 18. Article 1 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions regarding legislative financial affairs, is amended by adding a new Code section at the end thereof, to be designated Code Section 28-5-5, to read as follows:

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28-5-5. (a) There is created the Budgetary Responsibility Oversight Committee which shall be composed of five members of the House of Representatives appointed by the Speaker of the House of Representatives and five members of the Senate appointed by the President of the Senate. The members of such committee shall be selected within ten days after the convening of the General Assembly in each even-numbered year and shall serve until their successors are appointed, except that the initial members of the committee shall be selected within 30 days after the effective date of this Code section and shall serve until their successors are selected in January of 1994. (b) The Speaker of the House shall appoint a member of the committee to serve as chairperson and the President of the Senate shall appoint members of the committee to serve as vice chairperson and secretary during each even-numbered year. The President of the Senate shall appoint a member of the committee to serve as chairperson and the Speaker of the House shall appoint members to serve as vice chairperson and secretary during each odd-numbered year. Such committee shall meet at least six times each year and, upon the call of the chairperson, at such additional times as deemed necessary by the chairperson. (c) It shall be the duty of such committee to consult with the Governor and the Office of Planning and Budget concerning the development and implementation of the strategic planning process, the development of outcome measures for program evaluation, and the implementation of related actions. (d) It shall be the duty of such committee to review and evaluate the following: (1) Information on new programs submitted in accordance with Code Section 45-12-88; (2) The continuation budget report submitted in accordance with Code Section 45-12-75.1;

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(3) The strategic plans for the state and individual departments submitted by the Office of Planning and Budget; (4) Program evaluation reports submitted in accordance with Code Section 45-12-178; (5) Information or reports to be submitted by the Office of Planning and Budget identifying moneys received and purposes for which moneys are expended in any case in which the receipt or expenditure is not contemplated by an appropriations Act; and (6) Such other information or reports as deemed necessary by such committee. (e) The Office of Planning and Budget and the head of each budget unit shall cooperate with such committee and provide such information or reports as requested by the committee for the performance of its functions. (f) The committee shall make an annual report of its activities and findings to the membership of the General Assembly and the Governor within one week of the convening of each regular session of the General Assembly. The chairperson of the committee shall deliver written executive summaries of such report to the members of the General Assembly prior to the adoption of the General Appropriations Act each year. (g) The members of the committee shall receive the allowances authorized for legislative members of legislative committees. The funds necessary to pay such allowances shall come from funds appropriated to the House of Representatives and the Senate. (h) The committee shall be authorized to request that a performance audit be conducted for any department which the committee deems necessary. Section 19. Article 3 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to legislative procedures

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for fiscal legislation, is amended by striking Code Section 28-5-42, relating to introduction of bills and fiscal notes, and inserting in its place a new Code Section 28-5-42 to read as follows: 28-5-42. (a) Any bill having a significant impact on the anticipated revenue or expenditure level of any state department, bureau, board, council, committee, commission, or other state agency must be introduced no later than the twentieth day of any session. The sponsor of such legislation must request a fiscal note from the Office of Planning and Budget and the Department of Audits by December 1 of the year preceding the annual convening of the General Assembly in which the bill is to be introduced. Any general bill having a significant impact on the anticipated revenue or expenditure level of counties and municipalities must be introduced no later than the twentieth day of any session. This article shall not apply to any local bill affecting a county or municipality which must be advertised in accordance with the requirements of Code Section 28-1-14, relating to the advertisement of local legislation. (b) In the event any bill as provided in this Code section is introduced after the prescribed time limit, it shall not be considered or acted upon in any manner by either the Senate or the House of Representatives. The President of the Senate shall decide whether a bill which is introduced in the Senate falls within this category; and the Speaker of the House of Representatives shall decide whether a bill which is introduced in the House of Representatives falls within this category. The President of the Senate shall have the same right of decision on House bills which reach the Senate; and the Speaker of the House of Representatives shall have the same right of decision on Senate bills which reach the House of Representatives. (c) The chairperson of the committee to which any such bill is referred shall request the director of the Office of Planning and Budget and the state auditor to submit any such fiscal note as to the fiscal effect of any such bill and to file a copy of such fiscal note with the legislative budget analyst. The principal administrative and fiscal officers of all departments,

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boards, councils, committees, commissions, and other agencies of the state government and, when applicable, of counties, municipalities, and other political subdivisions are authorized and directed to cooperate fully with the director of the Office of Planning and Budget and the state auditor in providing any information and assistance necessary in the preparation of such fiscal notes. (d) The fiscal note required by subsection (c) of this Code section shall include a reliable estimate in dollars of the anticipated change in revenue or expenditures under the provisions of the bill. It shall also include a statement as to the immediate effect and, if determinable or reasonably foreseeable, the long-range effect of the measure. If, after careful investigation, it is determined that no dollar estimate is possible, the fiscal note shall contain a statement to that effect, setting forth the reasons why no dollar estimate can be given. In this event, the fiscal note shall contain an example based on a specific situation or reflecting the average group of persons possibly affected by the bill so as to provide an indication of the cost of such bill to the General Assembly. Assumptions used to develop these averages shall be noted in the fiscal note and the criteria included herein shall constitute a fiscal note. No comment or opinion regarding the merits of the measure for which the statement is prepared shall be included in the fiscal note; however, technical or mechanical defects may be noted. The chairperson shall make such request after such bill is referred to his or her committee; and the request shall be complied with by the director of the Office of Planning and Budget and the state auditor within five days after receipt of such request. The state auditor and the director of the Office of Planning and Budget shall jointly prepare their fiscal note; and, if there is a difference of opinion between such officials, it shall be noted in the fiscal note. In the event the director of the Office of Planning and Budget and the state auditor concur that the fiscal note on any such bill cannot be prepared within the five-day limitation, they shall so inform the chairperson in writing and shall be allowed to submit said note not later than ten days after the request for it is made.

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Section 20. Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to financial affairs, is amended by adding at the end thereof a new Article 5 to read as follows: ARTICLE 5 28-5-120. This article shall be known and may be cited as the `Fair and Open Grants Act of 1993.' 28-5-121. As used in this article, the term: (1) `Grant' means any line item appropriation of funds that will be disbursed for a public purpose of which such amount, purpose, and recipient is not identified in the Appropriation Act. For the purposes of this Code section, `grant' shall not include: (A) Disbursements made pursuant to the Quality Basic Education formula; (B) Disbursements made pursuant to the board of regents funding formula; (C) Any grant, by law, which is apportioned entirely by formula; (D) Common object classes excluding per diem, fees, and contracts; (E) Disbursements made through the Governor's Emergency Fund; or (F) Any disbursements made pursuant to an emergency. (2) `State agency' means any department, agency, bureau, commission, or like unit of organization of state government and any state authority. 28-5-122. Before any state agency may make any grant of public funds or of funds otherwise within its power of disposition, the state agency must publish a description of the

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grant program in the Official Compilation of the Rules and Regulations of the State of Georgia and the Secretary of State shall make such descriptions available for convenient public inspection. The description must contain at least the following: (1) The name of the grant program; (2) The citation to the statutory basis for the grant program in the Official Code of Georgia Annotated or other general law of the State of Georgia; (3) The general scope and purpose of the grant program; (4) General terms and conditions of the grant; (5) Eligible recipients of the grant; (6) The criteria for the award of the grant; and (7) Directions and deadlines for applying for such grant. 28-5-123. (a) No grant shall be awarded except upon written application which demonstrates in specific terms how the applicant is eligible and satisfies the criteria. All grants shall be disbursed pursuant to grant agreements which state in specific terms the amount and purposes of the grant and the other terms and conditions of the grant. (b) No grant by the executive branch of state government shall be awarded or disbursed solely upon the recommendation, request, or direction of an officer, member, or employee of the legislative or judicial branch of state government. The award and disbursement of any grant shall be determined independently by the state agency. 28-5-124. Before December 31 of each calendar year, each state agency shall compile and file with the Secretary of State a list of grants awarded and disbursed in the prior fiscal year, reporting the recipient, grant program by name,

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specific purpose, and amount. The Secretary of State shall maintain a register of such lists and make them available for convenient public inspection. 28-5-125. Any recipient of a grant made by a state agency shall be subject to audit by the state auditor for the purpose of confirming compliance with state law and the performance of the terms of the grant. 28-5-126. Any grant made in violation of this article shall be void. In addition to any other remedy provided by law, no recipient of a void grant shall be eligible for the award or disbursement of any other grant by a state agency until the full amount of the void grant is refunded to the state agency. 28-5-127. Any funding for grants in an appropriations Act by the General Assembly shall be separately appropriated, and the appropriation shall contain the word `grant' in its description of the purpose of the appropriation. All appropriations for grants by a particular state agency shall be listed together under a heading that contains the word `grant' or `grants'. Section 21. Section 20 of this Act shall become effective on July 1, 1993, and the remaining sections of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 22. All laws and parts of laws in conflict with this Act are repealed. Approved April 28, 1993.

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DOMESTIC RELATIONS CHILD FATALITY REVIEW PANEL; NAME CHANGED TO CHILD ABUSE PREVENTION PANEL. Code Title 19, Chapter 15 Amended. No. 611 (Senate Bill No. 234). AN ACT To amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to change provisions relating to the Child Fatality Review Panel; to change the name of the panel to the Child Abuse Prevention Panel; to change provisions relating to the membership, compensation, powers, duties, and operations of the panel; to provide for administrative attachment of the panel to the Criminal Justice Coordinating Council; 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 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended by striking Chapter 15, relating to state and local review of child fatalities and child abuse and related procedures, and inserting in its place a new Chapter 15 to read as follows: CHAPTER 15 19-15-1. As used in this chapter, the term: (1) `Abused' means subjected to child abuse. (2) `Child' means any person under 18 years of age. (3) `Child abuse' means: (A) Physical injury or death inflicted upon a child by a parent or caretaker thereof by other than accidental means; provided, however, physical forms

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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 Abuse Prevention 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 (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.

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(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. (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

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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 whichthe 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

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(6) Make recommendations for possible prevention of future deaths of similar incidents for children who are at risk for such deaths. (c) The committee shall transmit a copy of its report within 15 days following its completion to the Criminal Justice Coordinating Council 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 Abuse Prevention Panel which shall be composed as follows: (1) One district attorney appointed by the Governor;

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(2) One juvenile court judge appointed by the Governor; (3) Two citizen members who shall be appointed by the Governor, who are not employed by or officers of the state or any political subdivision thereof and one of whom shall come from each of the following: (A) a statewide child abuse prevention organization; and (B) a state-wide childhood injury prevention organization; (4) One forensic pathologist appointed by the Governor; (5) The chairperson of the Board of Human Resources; (6) The director of the Division of Family and Children Services of the Department of Human Resources; (7) The director of the Georgia Bureau of Investigation; (8) The chairperson of the Criminal Justice Coordinating Council; (9) A member of the Georgia Senate appointed by the Lieutenant Governor; (10) A member of the Georgia House of Representatives appointed by the Speaker of the House; (11) A local law enforcement official appointed by the Governor; and (12) A superior court judge appointed by the Governor. (b) (1) 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.

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Members of the panel specified in paragraphs (11) and (12) of subsection (a) of this Code section shall be appointed by the Governor for initial terms of office to begin immediately upon their appointment and expire June 30, 1993. 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. (2) Members of the panel specified in paragraphs (9) and (10) of subsection (a) of this Code section shall serve for terms of office concurrent with their terms of office as members of the General Assembly. (3) 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) Members of the panel who are members of the General Assembly shall be compensated for service on the panel from legislative funds in the manner provided for service on interim study committees. Those members of the panel who are not state officials or employees shall receive from funds appropriated or otherwise available to the panel for their services on the panel the same daily expense and travel or mileage allowance authorized for members of the General Assembly for service on interim study committees. The members of the panel who are state officials or employees shall receive no additional compensation for their service on the panel but may be reimbursed for reasonable and necessary travel expenses which shall be payable from the department or agency of which such member is an employee or officer. (d) The panel shall be attached for administrative purposes to the Criminal Justice Coordinating Council. The

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Criminal Justice Coordinating Council shall provide such staff support as may be necessary to enable the panel to discharge its duties under the law. (e) The Governor shall appoint the chairperson of the panel. The panel shall meet quarterly to review the reports of committees and shall meet when requested to do so by the Governor. The chairperson 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 chairperson has concluded the report warrants expedited review and has been requested by the submitting committee to make such expedited review. (f) By December 1 of each calendar year, the panel shall submit a report to the Governor, the Lieutenant Governor, and the Speaker of the House regarding the prevalence and circumstances of child fatalities and child abuse 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) The actions, if any, taken by any state or local agency or court; (4) Whether agency or court intervention could have prevented their deaths; (5) Whether policy, procedural, regulatory, or statutory changes are called for as a result of these findings; and (6) Whether any referral should have been made to a law enforcement agency which was not made. (g) The panel shall also comprehensively review the policies, procedures, and operations of the Division of Family

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and Children Services of the Department of Human Resources by December 1, 1993, in an effort to ensure coordination of social services, law enforcement, and criminal and juvenile justice relating to the prevention of child fatalities. The panel shall report its findings to the Governor, the Lieutenant Governor, and the Speaker of the House no later than December 1, 1993. (h) 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. (i) The panel shall also review on an ongoing basis the policies, procedures, and operations of the Division of Family and Children Services of the Department of Human Resources and whether modifications are necessary to help prevent child abuse and child fatalities. (j) The panel shall also monitor implementation of the state child abuse prevention plan and make an annual report on the progress of the implementation of such plan to the Governor, Lieutenant Governor, and Speaker of the House of Representatives. 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 or abused child, any family member of the child, or alleged or suspected perpetrator of abuse upon the child is not disclosed during such meetings or proceedings, but the panel is authorized to close such meeting to the public when such identifying information is required to be disclosed to members of the panel in order for the panel to carry out its duties. 19-15-6. (a) Records and other documents which are made public records pursuant to any other provisions of law

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shall remain public records notwithstanding their being obtained, considered, or both, by either a committee or the panel. (b) Notwithstanding any other provision of law to the contrary, reports of a committee made pursuant to Code Section 19-15-3 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 or abused 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. Section 2. This Act shall become effective upon its approval by the Governor 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 28, 1993. CIVIL WAR COMMISSION CREATION. No. 51 (Senate Resolution No. 21). A RESOLUTION Creating the Civil War Commission; to provide for the creation, composition, membership, terms of office, vacancies, officers, and expense allowance of the commission; to provide for the powers and duties of the commission; to provide for the acquisition, maintenance, and restoration of Civil War battlefields and historic sites; to provide for the maintenance, protection, and interpretation of battlefields and historic sites under certain conditions; to provide for the assignment of the commission to

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the Department of Natural Resources for administrative purposes only; to provide for the Department of Natural Resources to furnish certain personnel to assist the commission; to provide for an annual report of the commission's activities; to provide for other matters relative to the commission; to repeal conflicting laws; and for other purposes. WHEREAS, the Civil War period in Georgia is one of the most significant and distinctive aspects of Georgia history which not only defined her people and places, but left its marks on the landscape and in the historic buildings and structures of a broad area of the state; and WHEREAS, the trial that marked the battle route of Sherman's Atlanta Campaign of 1864 and the March to the Sea, from Chattanooga to Savannah, contains many historic resources; and WHEREAS, structures such as a rare early nineteenth century railroad tunnel, sites such as the place where Jefferson Davis was captured, ante-bellum homes and buildings, historic cemeteries, factory ruins, and battle sites still stand throughout Georgia; and WHEREAS, the National Park Service and the National Civil War Battlefield Protection Commission, the Georgia Office of Historic Preservation, and numerous local preservationists and historians have created an inventory of historic properties and sites associated with this period in Georgia history; and WHEREAS, the North Georgia and Coosa Valley Regional Development Centers and the Atlanta Regional Commission representing the ten-county area wherein the route of Sherman's Atlanta Campaign is located have nominated this area as a Regionally Important Resource through the state-wide coordinated planning process; and WHEREAS, there is widespread interest to preserve and promote Civil War period battlefields and historic properties and sites and to use these resources to encourage and support tourism and economic development; and

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WHEREAS, interested public and private organizations and agencies at all levels have begun cooperative efforts which can benefit from a coordinating framework. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. That there is created the Civil War Commission, hereafter referred to as the commission, to coordinate planning, preservation, and promotion of the structures, buildings, sites, and battlefields associated with this significant period of our common heritage. Section 2. (a) That the commission is directed to: (1) Develop a State of Georgia Civil War Sites Heritage Plan. The plan will promote heritage tourism and provide incentives to local landowners and local governments to preserve Civil War battlefields and historic sites. Through cooperative agreements between local governments, landowners, and the commission, such entities will work together to preserve and restore historic sites; (2) Preserve, conserve, and interpret the legacy of the Civil War in the State of Georgia; (3) Recognize and interpret important events and geographic locations in the conduct of the Civil War in the State of Georgia, including battle sites associated with Adairsville, Dallas, Lovejoy Station, Marietta, New Hope Church, Resaca, Allatoona, Rocky Face Ridge, Ringgold Gap, Davis Cross Roads, Buckhead Creek, and Griswoldville, as well as other historic properties associated with the events and consequences of the Civil War; (4) Recognize and interpret the effect of war on the state's ethnically and culturally diverse civilian population during the war and the postwar reconstruction period; (5) Establish within the state's Historic Resource Inventory as maintained by the Department of Natural

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Resources a geographic data base and information system that can be used to locate, track, and cross-reference significant historical and cultural properties, structures, and markers associated with the Civil War; (6) Acquire or provide funds for the acquisition of Civil War battlegrounds, cemeteries, and other historic properties associated with the Civil War; (7) Expend funds received from state appropriations and other sources to make grants to municipalities, counties, and nonprofit Civil War organizations for the purposes of maintaining and restoring existing Civil War memorials and cemeteries; (8) Participate in and encourage efforts to establish a state museum to include displays illuminating Georgia's role in the Civil War and the effects of that war on Georgia and its people; and (9) Encourage the establishment of reference sections relating to the Civil War in high schools and encourage heritage education programs. (b) That, in carrying out its purposes, the commission is authorized: (1) To accept loans or grants, or both, of money, materials, or property of any kind from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality may impose; (2) To receive and accept loans, gifts, grants, donations, or contributions of property, facilities, or services, with or without consideration, from any person, firm, or corporation or from the State of Georgia or any agency or instrumentality thereof or from any county, municipal corporation, or local government or governing body; and (3) To hold, use, administer, and expend such sum or sums as may hereafter be received as income, as gifts,

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or as appropriations by authority of the General Assembly for any of the purposes of this commission. Section 3. That the commission is assigned to the Department of Natural Resources for administrative purposes only. The commissioner of natural resources shall appoint personnel within the Department of Natural Resources to facilitate the functions of the commission. Section 4. (a) That, within the boundaries of Civil War battlefields as provided in the State of Georgia Civil War Sites Heritage Plan, the commission may, with the consent of the owner, acquire by donation, purchase, or exchange lands and interest in Civil War battlefields and memorials together with lands and interest in lands necessary to provide adequate public access to the battlefields and memorials. (b) That the commission may make funds available, subject to appropriations for such purpose, for the maintenance, protection, and interpretation of the battlefields and memorials which may be subject to agreements as provided in Section 2 of this resolution. Section 5. (a) (1) That the commission shall consist of 15 members to be appointed as follows: (A) The Governor shall appoint five members; (B) The President of the Senate shall appoint five members; and (C) The Speaker of the House of Representatives shall appoint five members. (2) That members shall serve for four-year terms shall be eligible for reappointment; provided, however, that with respect to the initial appointments, each appointing authority provided for in paragraph (1) of this subsection shall appoint two members for two-year terms, two members for three-year terms, and one member for a four-year term. The members shall be representative

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of all of the geographic areas of the state and shall be selected from the state at large with special consideration given to the appointment of persons associated with those groups or organizations with a demonstrated interest in Civil War history and the preservation of associated sites. (b) That all successors shall be appointed in the same manner as original appointments. Vacancies in office shall be filled in the same manner as original appointments. An appointment to fill a vacancy shall be for the unexpired term. The commission shall elect a chairperson and such other officers as it deems necessary. No vacancy on the commission shall impair the right of the quorum to exercise all rights and perform all duties of the commission. (c) That the members of the commission shall receive a daily expense allowance and reimbursement for transportation costs as provided for in Code Section 45-7-21 of the O.C.G.A.; and the members of the commission shall not receive any other compensation for their services as such. (d) That the commission shall file an annual report with the Governor and the General Assembly containing a summary of the accomplishments of the commission during the preceding year and the plans of the commission for the following year. (e) No state funds shall be expended for the purposes of the commission unless specifically appropriated by the General Assembly. Section 6. That all laws and parts of laws in conflict with this resolution are repealed. Approved April 28, 1993.

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OLDER WORKER TASK FORCE CREATION. No. 52 (Senate Resolution No. 131). A RESOLUTION Creating the Older Worker Task Force; and for other purposes. WHEREAS, currently the United States Bureau of Labor Statistics reports that there are 8,000 unemployed older workers age 55 and older in the state, which includes older Georgians who have been searching for work for six months or less; and WHEREAS, this statistic does not include the many discouraged older workers who desire employment but have stopped an active job search because they have encountered persistent age discrimination; and WHEREAS, age discrimination drains the economy of the state through lost revenues and increased need for expenditures on entitlement programs; and WHEREAS, age discrimination wastes valuable human resources because older workers with years of experience to share and a wealth of knowledge and emotional support to give their younger counterparts are forced from the marketplace; and WHEREAS, the Jobs Training Partnership Act, a federally funded program designed to assist workers with incomes below the poverty level, is not yet fully implemented throughout Georgia and resources available through this program, including money, are not fully allocated; and WHEREAS, there are federally funded programs designed to assist older workers who are at or below the poverty level, but there are insufficient services for older workers who do not meet the income criteria to participate in such federal programs; and

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WHEREAS, the state cannot afford to ignore the special employment needs of older workers and must actively enable older Georgians to obtain and retain employment in the Georgia workforce. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Older Worker Task Force to be composed of nine members as follows: (1) One member to be appointed by the Governor; (2) One member of the Senate to be appointed by the President of the Senate; (3) One member of the House of Representatives to be appointed by the Speaker of the House; (4) One member of the Office of Aging to be appointed by the Office of Aging; (5) One member of the Georgia Department of Technical and Adult Education to be appointed by the commissioner of Technical and Adult Education; (6) One member of the Title 5 National Sponsor to be appointed by the Title 5 National Sponsor; (7) One member of the job training section of the Georgia Department of Labor to be appointed by the commissioner of labor; (8) One member of the employment services section of the Georgia Department of Labor to be appointed by the commissioner of labor; and (9) One member of a consumer advocacy group interested in older workers' problems and concerns to be appointed by the Governor. The Governor shall appoint the chairperson of the task force who shall call all meetings and set the agenda for the task force.

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Vacancies in any appointive membership position on the task force shall be filled in the same manner as the original appointment thereto. BE IT FURTHER RESOLVED that the task force shall study the particular needs, issues, and problems of older workers in Georgia and determine what interventions are necessary to promote the retraining and reemployment of Georgia's older workers and to ameliorate age discrimination by Georgia's employers. BE IT FURTHER RESOLVED that the task force is authorized to create technical advisory committees to serve the task force in an advisory capacity. The size, composition, and subject areas of the technical advisory committees shall be determined by the task force, but the task force shall make every effort to include organizations, associations, and experts knowledgeable in the fields of employer-employee relations, vocational training, and job discrimination. BE IT FURTHER RESOLVED that the task force is authorized to determine the number of meeting dates and hearings that shall be necessary to complete its work; provided, however, that the task force shall submit an interim report to the Governor and the members of the Senate and the House of Representatives no later than December 31, 1993, and a final report to the same by December 31, 1994. The task force shall be appointed no later than July 1, 1993, and shall hold its first meeting no later than August 1, 1993. Legislative members shall receive the expenses and allowances authorized for legislative members of interim legislative committees. Members of the task force who are employees of the state shall receive no compensation for their services on the task force, but they shall be entitled to that expense allowance and travel cost reimbursement allowed by Code Section 45-7-21 of the O.C.G.A. for members of boards and commissions. No member of the task force shall receive any expenses or allowances for more than five days of service on the task force. The funds necessary for the reimbursement of the expenses of any state employee, other than legislative members, shall come from funds appropriated to or otherwise available to the respective department of that employee. All other funds necessary to carry out the provisions of this resolution shall come

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from the funds appropriated or available to the Office of the Governor. The task force shall stand abolished on December 31, 1994. Approved April 28, 1993. JOINT STUDY COMMITTEE ON CREATION OF A STATE DEPARTMENT, COMMISSION, OR AGENCY OF THE DEAF AND HARD OF HEARING CREATION. No. 53 (Senate Resolution No. 109). A RESOLUTION Creating the Joint Study Committee on Creation of a State Department, Commission, or Agency of the Deaf and Hard of Hearing; and for other purposes. WHEREAS, over 400,000 Georgia citizens are deaf or hard of hearing; and WHEREAS, 36 other states have created entities within state government to assist and address the concerns of deaf and hard-of-hearing citizens; and WHEREAS, such an entity could monitor services and programs for Georgians of all ages with hearing impairments and can foster communication, cooperation, and coordination of services and programs to better serve deaf and hard-of-hearing citizens; and WHEREAS, a thorough study should be made concerning the feasibility of establishing an entity within state government to serve deaf and hard-of-hearing citizens. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Study Committee on Creation of a State Department, Commission, or Agency of the Deaf and Hard of Hearing to be

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composed of three members of the House of Representatives to be appointed by the Speaker of the House of Representatives and three members of the Senate to be appointed by the President of the Senate. The Speaker shall designate a member of the House and the President of the Senate shall designate a member of the Senate who shall serve as co-chairpersons of the committee. The committee shall meet at the call of the co-chairpersons. 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 five days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the House of Representatives and Senate. 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, 1993. The committee shall stand abolished on December 31, 1993. Approved April 28, 1993.

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TASK FORCE ON EDUCATIONAL OUTCOMES BASED FLEXIBILITY CREATION. No. 54 (Senate Resolution No. 7). A RESOLUTION Creating the Task Force on Educational Outcomes Based Flexibility; and for other purposes. WHEREAS, both the state and local educational systems search for ways to increase the educational dollar in order to move the state ahead in achieving the six National Education Goals, which in turn have the intent of producing a citizenry ready to compete world wide in both the private and public sectors; and WHEREAS, at the same time it is also a fact that the tax dollar is being stretched and education must compete more and more with corrections and social services for that dollar; and WHEREAS, as government reexamines itself, it must learn to be innovative, flexible, and adaptable, especially in its approach to how it imposes its demands on local school systems; and WHEREAS, flexibility is key to optimum use of the tax dollar allocated for education, and the most effective way state government can be flexible is to get out of the way of local systems and schools by removing the multitude of rules and regulations. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Task Force on Educational Outcomes Based Flexibility to be composed of three members of the Senate to be appointed by the President of the Senate, one of whom shall be designated as chairperson by the President of the Senate; three members of the House of Representatives to be appointed by the Speaker of the House of Representatives, one of whom shall be designated as vice chairperson by the Speaker of the House of Representatives; one representative from the Department of Education to

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be appointed by the State School Superintendent; three local school system representatives to be appointed by the State School Superintendent, one each from a small, medium, and large school system; and one representative from the Office of Planning and Budget to be appointed by the Governor. The chairperson shall call all meetings of the committee. BE IT FURTHER RESOLVED that the issues and questions to be addressed by the Task Force on Educational Outcomes Based Flexibility should include, but not be limited to, the following: (1) Determination of student outcomes that will reflect the successful entrance of students into both postsecondary education and the work force and will contribute to the total development of the individual; (2) Determination of how the outcomes will be assessed as successful; (3) How outcomes should be recorded and reported to the state; (4) The task force shall review similar programs currently in use in other states; (5) The task force shall make use of such expertise on student outcomes and assessment of student outcomes that are currently available within Georgia through universities and colleges as well as other professional associations; and (6) The task force shall allow for input from citizens throughout the task force meeting process. BE IT FURTHER RESOLVED that the task force shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the task force deems necessary or appropriate. 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

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duties, and accomplish the objectives and purposes of this resolution. All members of the task force shall serve without compensation but may be reimbursed for travel and other expenses in carrying out their official duties at the same rate as state officials and employees, except that any legislative members of the task force shall be reimbursed for travel and other expenses from legislative funds at the same rate and in the same manner as members of the General Assembly who attend meetings of legislative interim committees. All members of the task force except members of the General Assembly shall be reimbursed for such expenses from funds appropriated or available to the Department of Education. The task force may meet at such times and places within the State of Georgia as the task force deems necessary not to exceed five meetings, unless additional meeting days are authorized by the President of the Senate and The Speaker of the House. In the event the task force makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 1, 1993. The task force shall stand abolished on December 1, 1993. Approved April 28, 1993. JOINT STUDY COMMISSION ON REVENUE STRUCTURE RE-CREATION. No. 55 (Senate Resolution No. 44). A RESOLUTION Re-creating the Joint Study Commission on Revenue Structure; providing for access by the commission and its staff to certain otherwise confidential Department of Revenue information; and for other purposes. WHEREAS, the revenue structure of this state has evolved over hundreds of years with relatively little analysis of the tax structure of the state as a whole; and

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WHEREAS, many elements of our tax structure were put in place many years ago and have been little changed since their inception, for example, the state income tax structure has changed very little since its initial adoption in 1931, and many state fees have not changed since their original imposition; and WHEREAS, our school tax structure's primary reliance on local ad valorem taxes likewise was implemented over a century ago and has been little changed since its implementation; and WHEREAS, much attention has been directed to the state's pressing needs for educational improvements, including capital outlay improvements, but far less examination has been given to whether revenue structure changes could enhance the opportunity for such improvements; and WHEREAS, a pressing need exists for an overall comprehensive evaluation of the state's revenue structure in general, as well as a particular evaluation of the effects of the revenue structure with respect to education; and WHEREAS, there is an inequitable distribution of the burden of health care and uncompensated health care borne by county governments and alternative sources of revenues to the property tax need to be examined to fund such indigent health care of indigent residents of the state; and WHEREAS, the Joint Study Commission on Revenue Structure was created by Senate Resolution 443 of the 1992 regular session of the General Assembly; and WHEREAS, the commission has conducted extensive research in these areas but has determined that further study is needed before any recommendations may be made; and WHEREAS, under the resolution creating the commission, the existence of the commission expired as of December 31, 1992. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1. There is re-created the Joint Study Commission on Revenue Structure. The commission shall be composed of 21 members. The President of the Senate shall serve as a member of the commission and shall serve as cochairman or shall appoint another member of the commission to serve as cochairman of the commission. The Speaker of the House shall serve as a member of the commission and shall serve as cochairman or shall appoint another member of the commission to serve as cochairman of the commission. The President of the Senate and the Speaker of the House shall each appoint six members of the commission. The Governor shall appoint seven members of the commission. The cochairmen shall call all meetings of the commission. Section 2. The commission shall continue its study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the commission deems necessary or appropriate. The commission may conduct such meetings at such places and at such times asit 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 commission who are members of the General Assembly or who are not state officers or employees 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 funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the Senate and the House of Representatives. Section 3. (a) Employees or agents of the commission may inspect, duplicate, take information from, and disseminate confidential materials, confidential documents, and other confidential information within the custody of the Department of Revenue or the state revenue commissioner but may do so only when acting in accordance with the following limitations: (1) No employee or agent of the commission may have such access to confidential materials, confidential documents, or other confidential information unless he or she is acting within the reasonable limitations guaranteeing against unauthorized disclosure of such materials,

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documents, and information as are agreed to in writing by the state revenue commissioner and the cochairmen of the commission; (2) No employee or agent of the commission may have such access unless his or her name is certified in writing to the state revenue commissioner by the cochairmen of the commission; and (3) No confidential information or confidential document obtained by, or coming into the possession of, an employee or agent of the commission as provided in this section may be disseminated to any other person except an employee or agent of the commission whose name has been certified to the state revenue commissioner as provided in paragraph (2) of this subsection or to an authorized employee of the Department of Revenue, except that the employee and the commission may publish statistical information taken from such materials, documents, and other information when the publication does not reveal the name or identity of any particular taxpayer. Any unauthorized disclosure of such confidential materials, confidential documents, and other confidential information, except as provided in this paragraph, shall subject the offending employee or agent to the same penalties specified by law for unauthorized disclosure of confidential information by an agent or employee of the Department of Revenue. (b) The provisions of this section, to the extent of any conflict, shall supersede the provisions of any other law to the contrary. Section 4. In the event the commission 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, 1993. The commission shall stand abolished on December 31, 1993. Approved April 28, 1993.

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AID TO FAMILIES WITH DEPENDENT CHILDREN AND FOOD STAMPS LEGISLATIVE INTENT; EMPLOYMENT ASSISTANCE; ELIGIBILITY FOR CERTAIN MINORS AND ABLE-BODIED INDIVIDUALS; INSTRUCTION IN FAMILY PLANNING AND PARENTING; INCREMENTAL BENEFITS INCREASES FOR CHILDREN BORN TO CERTAIN RECIPIENT PARENTS; PLACEMENT OF SPECIAL NEEDS CHILDREN; FEDERAL APPROVAL; REPORT. Code Section 49-5-8 Amended. Code Sections 49-4-111 through 49-4-115 Enacted. No. 612 (Senate Bill No. 26). AN ACT To state legislative findings and intent; to amend Title 49 of the Official Code of Georgia Annotated, relating to social services, so as to provide for the children of Georgia; to provide for aid to children and families with dependent children and change the provisions relating thereto; to provide for special needs children; to require that certain unmarried minors who are applicants or recipients of assistance under Article 5 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to aid to families with dependent children, must live in a place with certain types of adult supervision; to provide for the availability of employment services to applicants for Aid to Families with Dependent Children assistance and food stamps; to require certain able-bodied individuals to accept certain employment in order to receive Aid to Families with Dependent Children assistance; to provide for exceptions; to provide certain provisions relative to the birth of children to recipients of certain public assistance or to persons during a period of ineligibility for such benefits; to change the provisions of Code Section 49-5-8 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Human Resources, relating to payments to licensed child-placing agencies placing children with special needs; to revise the maximum amount of such payments; to repeal certain provisions relating to payments; to provide that the board of human resources shall define the special needs child; to provide for other matters relating thereto; to provide

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for a report; to provide for severability; to provide for federal approval; to provide for effective dates and implementation; to provide for repeals; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: PART I Section 1. The General Assembly estimates that up to $6 million will be saved on an annual basis when the provisions of Code Sections 49-4-112, 49-4-113, and 49-4-115 are fully implemented for complete fiscal years. It is the intent of the General Assembly that such cost savings realized by the implementation of these three Code sections be redirected into the Aid to Families with Dependent Children program in the following priorities: (1) Extension of transitional Medicaid for up to 24 months provided a federal waiver is obtained; (2) Expansion of PEACH program slots; and (3) Child care assistance for low-income working families. Section 1. Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended by adding at the end of Article 5 of Chapter 4 of said title, relating to aid to families with dependent children, a new Code section to read as follows: 49-4-111. To ensure that employment and job-finding assistance are being adequately provided to applicants for and recipients of Aid to Families with Dependent Children assistance and food stamps,. the Georgia Department of Labor shall periodically station appropriate staff in each county office which distributes Aid to Families with Dependent Children assistance or food stamps. The Commissioner of Labor and the commissioner of the Department of Human Resources shall enter into written agreements regarding the

Page 1971

provision of such employment services to applicants for and recipients of Aid to Families with Dependent Children assistance and food stamps. Section 2. Said title is further amended by adding at the end of Article 5 of Chapter 4 the following Code sections: 49-4-112. (a) Except as provided in subsection (b) of this Code section, if a person applying for assistance under this article is under 18 years of age, has never married, and is either pregnant or has a dependent child in the applicant's care, the applicant is not eligible for such assistance if: (1) The applicant and the applicant's dependent child or children do not live in a place maintained by the applicant's parent, legal guardian, or other adult relative as such parent's, legal guardian's, or other adult relative's own home or do not live in a foster home, maternity home, or other supportive living arrangement supervised by an adult; and (2) The department determines after investigation that the physical or emotional health or safety of the person applying for assistance or the dependent child or children would not be jeopardized if the applicant and the dependent child or children were required to live in one of the situations described in paragraph (1) of this subsection. (b) Subsection (a) of this Code section does not apply if: (1) The person applying for assistance has no parent or legal guardian whose whereabouts are known; (2) No parent or legal guardian of the person applying for assistance allows the person to live in the home of that parent or legal guardian; (3) The person applying for assistance lived apart from that person's parent or legal guardian for at least

Page 1972

one year before the birth of any dependent child or before the person applied for assistance; or (4) The department otherwise determines that there is good cause not to apply subsection (a) of this Code section. 49-4-113. (a) For the purpose of this Code section, the term `able-bodied individual' means all individuals between 18 years of age and 60 years of age, except for those individuals: (1) Who are medically certified by a licensed physician as incapacitated; (2) Whose presence in the home is required because of the illness or incapacity of another member of the household; or (3) Who are mothers or other relatives caring for a child under 14 years of age. (b) (1) An able-bodied individual who has refused any offer of full-time employment which pays at or above the federal minimum wage or who terminates such employment shall be excluded from any grant of money payments under this article for a period of 90 days or until the recipient complies with this Code section, whichever occurs first. (2) An able-bodied individual who has been excluded from any grant of money payment pursuant to paragraph (1) of this subsection and who subsequently refuses any offer of full-time employment which pays at or above the federal minimum wage or who terminates such employment shall be excluded from any grant of money payments under this article for a period of six months from the date of the latest such refusal or termination or until the recipient complies with this Code section, whichever occurs first.

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(c) This Code section shall not apply to offers of employment or to termination of employment when: (1) The individual is either physically or mentally incapable of performing the particular requirements of the employment; (2) The working conditions or hours present a risk to the health and safety of the individual or the individual's children; (3) The individual has no means of public or private transportation to the job site and its distance from the individual's residence precludes walking to work; (4) The individual is a participant in the Positive Employment and Community Help Program; provided, however, that nothing in this Code section shall prohibit a person from being enrolled in such program after accepting an offer of employment under this Code section; (5) The job does not offer health care benefits for the individual or the individual's medicaid benefits will cease within 12 months or such later time as may be extended by the state as a result of the employment; (6) The individual is enrolled in school on a fulltime basis; or (7) The department otherwise determines that there is good cause not to apply subsection (b) of this Code section. 49-4-114. All applicants for Aid to Families with Dependent Children benefits who have had their first child within one year of first applying for benefits shall be provided by the department with instruction in family planning and parenting skills. Such training shall be provided by the department or by any available alternative program approved by the department and selected by the applicant.

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49-4-115. The schedule of benefits to be paid to a recipient family under this article shall eliminate the increment in benefits under the program for which that family would otherwise be eligible as a result of the birth of a child during the period in which the family is eligible for Aid to Families with Dependent Children benefits or during a temporary period in which the family or recipient is ineligible for Aid to Families with Dependent Children benefits pursuant to a penalty imposed by the commissioner for failure to comply with benefit eligibility requirements, subsequent to which the family or recipient is again eligible for benefits. The recipient family in which the recipient parent gives birth to an additional child during the recipient's period of eligibility for Aid to Families with Dependent Children benefits, or during a temporary penalty period of ineligibility for benefits, may not receive additional benefits, except in the case of a general increase in the amount of Aid to Families with Dependent Children benefits which is provided to all program recipients. This provision shall only apply to recipient families who have been in receipt of cash benefits under this article for a period of a total of 24 months after January 1, 1994. Nothing in this Code section shall be construed to disqualify a recipient family from an incremental increase in benefits in cases in which the birth of a child is the result of a verifiable rape or incest. Section 3. Said title is further amended by striking subsection (a) of Code Section 49-5-8 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Human Resources, and inserting in lieu thereof a new subsection (a) to read as follows: (a) The Department of Human Resources is authorized and empowered, through its own programs and the programs of county or district departments of family and children services, to establish, maintain, extend, and improve throughout the state, within the limits of funds appropriated therefor, programs that will provide: (1) Preventive services as follows:

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(A) Collecting and disseminating information about the problems of children and youths and providing consultative assistance to groups, public and private, interested in developing programs and services for the prevention, control, and treatment of dependency, deprivation, and delinquency among the children of this state; and (B) Research and demonstration projects designed to add to the store of information about the social and emotional problems of children and youths and improve the methods for dealing with these problems; (2) Child welfare services as follows: (A) Casework services for children and youths and for mothers bearing children out of wedlock, whether living in their own homes or elsewhere, to help overcome problems that result in dependency, deprivation, or delinquency; (B) Protective services that will investigate complaints of deprivation, abuse, or abandonment of children and youths by parents, guardians, custodians, or persons serving in loco parentis and, on the basis of the findings of such investigation, offer social services to such parents, guardians, custodians, or persons serving in loco parentis in relation to the problem or bring the situation to the attention of a law enforcement agency, an appropriate court, or another community agency; (C) Supervising and providing required services and care involved in the interstate placement of children; (D) Homemaker service, or payment of the cost of such service, when needed due to the absence or incapacity of the mother;

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(E) Boarding care, or payment of maintenance costs, in foster family homes or in group-care facilities for children and youths who cannot be adequately cared for in their own homes; (F) Boarding care or payment of maintenance costs for mothers bearing children out of wedlock prior to, during, and for a reasonable period after childbirth; and (G) Day-care services for the care and protection of children whose parents are absent from the home or unable for other reasons to provide parental supervision; (3) Services to courts, upon their request, as follows: (A) Accepting for casework services and care all children and youths whose legal custody is vested in the department by the court; (B) Providing shelter or custodial care for children prior to examination and study or pending court hearing; (C) Making social studies and reports to the court with respect to children and youths as to whom petitions have been filed; and (D) Providing casework services and care or payment of maintenance costs for children and youths who have run away from their home communities within this state, or from their home communities in this state to another state, or from their home communities in another state to this state; paying the costs of returning such runaway children and youths to their home communities; and providing such services, care, or costs for runaway children and youths as may be required under Chapter 3 of Title 39; (4) Regional group-care facilities for the purpose of:

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(A) Providing local authorities an alternative to placing any child in a common jail; (B) Shelter care prior to examination and study or pending a hearing before juvenile court; (C) Detention prior to examination and study or pending a hearing before juvenile court; and (D) Study and diagnosis pending determination of treatment or a hearing before juvenile court; (5) Facilities designed to afford specialized and diversified programs, such as forestry camps, ranches, and group residences, for the care, treatment, and training of children and youths of different ages and different emotional, mental, and physical conditions; (6) Regulation of child-placing and child-caring agencies by: (A) Setting standards for and providing consultation and making recommendations concerning establishment and incorporation of all such agencies; and (B) Licensing and inspecting regularly all such agencies to ensure their adherence to established standards as prescribed by the department; (7) Adoption services, as follows: (A) Supervising the work of all child-placing agencies; (B) Providing services to parents desiring to surrender children for adoption as provided for in adoption statutes; (C) Providing care or payment of maintenance costs for mothers bearing children out of wedlock and children being considered for adoption;

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(D) Inquiring into the character and reputation of persons making application for the adoption of children; (E) Placing children for adoption; (F) Providing financial assistance after the consummation of a legal adoption to families adopting children who would otherwise remain in foster care at state expense. Financial assistance may only be granted for hard-to-place children with physical, mental, or emotional handicaps or with other problems for whom it is difficult to find a permanent home. Financial assistance may not exceed 75 percent of the amount paid for boarding such child and for special services such as medical care not available through insurance or public facilities. Such supplements shall only be available to families who could not provide for the child adequately without continued financial assistance. The department may review the supplements paid at any time but shall review them at least annually to determine the need for continued assistance; and (G) Providing payment to a licensed child-placing agency which places a child with special needs who is under the jurisdiction of the department for adoption. Payment may not exceed $5,000.00 for each such adoption arranged by an agency. The board shall define the special needs child. One-half of such payment shall be made at the time of placement and the remaining amount shall be paid when the adoption is finalized. If the adoption disrupts prior to finalization, the state shall be reimbursed by the child-placing agency in an amount calculated on a prorated basis based on length of time the child was in the home and the services provided; (8) Staff development and recruitment programs through in-service training and educational scholarships for personnel as may be necessary to assure efficient and effective administration of the services and care for children

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and youths authorized in this article. The department is authorized to disburse state funds to match federal funds in order to provide qualified employees with graduate or postgraduate educational scholarships in accordance with rules and regulations adopted by the board pursuant to Article VIII, Section VII, Paragraph I of the Constitution of Georgia; and (9) Miscellaneous services, such as providing all medical, hospital, psychiatric, surgical, or dental services or payment of the costs of such services as may be considered appropriate and necessary by competent medical authority to those children subject to the supervision and control of the department without securing prior consent of parents or legal guardians. Section 4. It shall be the duty of the commissioner of human resources to submit Section 2 of this Act to the Secretary of Health and Human Services for approval pursuant to the federal Social Security Act, 42 U.S.C. Section 602, as amended. If such approval is not granted prior to January 1, 1994, then as of such date Section 2 of this Act shall be void and shall stand repealed in its entirety. Section 5. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 6. Unless repealed as provided by Section 4, Section 2 of this Act shall become effective January 1, 1994, or when the commissioner of human resources has certified to the Governor that the Positive Employment and Community Help Program is available in every county of this state whichever occurs last. Section 3 of this Act shall become effective on July 1,

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1993. The remaining sections of this Act shall become effective upon signature of the Governor or upon becoming law without the Governor's signature. Section 7. Prior to the 1995 regular session of the General Assembly, the Department of Human Resources shall report to the Governor and General Assembly the impact of Sections 1 and 2 of this Act on the number of recipients receiving Aid to Families with Dependent Children benefits. Section 8. All laws and parts of laws in conflict with this Act are repealed. Approved April 29, 1993. DOMESTIC RELATIONS BLOOD TESTING AND GENETIC TESTING FOR PATERNITY; PRESUMPTION. Code Sections 19-7-45 and 19-7-46 Amended. No. 613 (House Bill No. 90). AN ACT To amend Article 3 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to determination of paternity, so as to change provisions relating to blood testing and genetic testing; to provide for a rebuttable presumption of paternity arising from certain genetic testing; to provide for other related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 3 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to determination of paternity, is amended by striking Code Section 19-7-45, relating to blood testing in paternity cases, and inserting in its place a new Code section as follows:

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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 any of the types of testing specified in subsection (b) of Code Section 19-7-46, 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 2. Said article is further amended by striking Code Section 19-7-46, relating to evidence at trial in paternity proceedings, and inserting in its place a new Code section to read as follows: 19-7-46. (a) The results of medical tests and comparisons ordered by the court, including the statistical likelihood of the alleged parent's parentage, if available, shall be admitted in evidence when offered by a duly qualified, licensed practicing physician, duly qualified immunologist, duly qualified geneticist, or other duly qualified person. (b) There shall exist a rebuttable presumption of paternity of a child born out of wedlock if there has been performed scientifically credible parentage-determination genetic

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testing which establishes at least a 97 percent probability of paternity. The rebuttable presumption of paternity can be overcome by the presentation of competent evidence as determined by the trier of fact. Parentage-determination testing shall include, but not necessarily be limited to, red cell antigen, human leucocyte antigen (HLA), red cell enzyme, and serum protein electrophoresis tests or testing by deoxyribonucleic acid (DNA) probes. (c) Evidence of a refusal to submit to a blood test or other ordered medical or anthropological test is admissible to show that the alleged father is not precluded from being the father of the child. (d) An expert's opinion concerning the time of conception is as admissible as is other expert testimony. (e) Testimony relating to sexual access to the mother by any person on or about the probable time of conception of the child is admissible in evidence. (f) Other relevant evidence shall be admitted as is appropriate. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 29, 1993.

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DOMESTIC RELATIONS CHANGE OF CHILD CUSTODY; TERMS; CHILD SUPPORT ENFORCEMENT; EMPLOYEES; REGISTRY RECORDS. Code Section 19-9-3 Amended. Code Section 19-11-9.2 Enacted. No. 614 (Senate Bill No. 269). AN ACT To amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to provide that upon the filing of an action for a change of child custody, the court may in its discretion change the terms of custody on a temporary basis pending final judgment on such issue; to provide that any such award shall not constitute an adjudication of the rights of the parties; to require certain employers to report the hiring and rehiring of certain employees for child support enforcement purposes; to provide for the types of employers and employees covered; to provide for exemptions; to provide for methods of reporting; to provide for civil penalties for noncompliance; to provide for registry records; to provide for rules, evaluation, and automatic repeal; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended in Code Section 19-9-3, relating to discretion of the court in custody disputes, by adding a new subsection at the end thereof to read as follows: (e) Upon the filing of an action for a change of child custody, the court may in its discretion change the terms of custody on a temporary basis pending final judgment on such issue. Any such award of temporary custody shall not constitute an adjudication of the rights of the parties.

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Section 2. Said title is further amended by adding after Code Section 19-11-9.1 a new Code Section 19-11-9.2 to read as follows: 19-11-9.2. (a) Effective July 1, 1993, employers doing business with seven or more employees in the State of Georgia shall report to the Georgia state support registry within the Department of Human Resources: (1) The hiring of any person who resides or works in this state to whom the employer anticipates paying earnings; and (2) The hiring or return to work of any employee who was laid off, furloughed, separated, granted leave without pay, or terminated from employment. (b) Employers are not required to report the hiring of any person who: (1) Will be employed sporadically so that the employee will be paid for less than 350 hours during a continuous four-month period; or (2) Will have gross earnings of less than $300.00 in every month. (c) Employers may report by mailing the employee's copy of the W-4 form or other means authorized by the registry which will result in timely reporting. Employers shall submit reports within five days of the hiring, rehiring, or return to work of the employee. The report shall contain: (1) The employee's name, address, social security number, and date of birth; and (2) The employer's name, address, and employment security number or unified business identifier number. An employer who fails to report as required under this Code section shall be given a written warning.

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(d) The registry shall retain the information for a particular employee only if the registry is responsible for establishing, enforcing, or collecting a support obligation or debt of the employee. If the employee does not owe such an obligation or a debt, the registry shall not create a record regarding the employee and the information contained in the notice shall be promptly destroyed. (e) The department may adopt rules to establish additional exemptions from this Code section if needed to reduce unnecessary or burdensome reporting. The department shall report to the Governor and the General Assembly on the effectiveness of this Code section no later than November 1, 1994. (f) This Code section shall be repealed in its entirety effective May 1, 1995. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 29, 1993. INSURANCE CERTAIN CHILDREN COVERED BY MEDICAID COVERED BY COMMISSIONER OF INSURANCE PLAN. Code Section 33-51-3 Amended. No. 615 (Senate Bill No. 210). AN ACT To amend Code Section 33-51-3 of the Official Code of Georgia Annotated, relating to the contents of the model basic health insurance plan, so as to authorize the Commissioner of Insurance to permit the coverage of certain children covered by Medicaid in a plan developed by the Commissioner to cover the basic health needs of children when such participation is approved

Page 1986

by the Secretary of the United States Department of Health and Human Services; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 33-51-3 of the Official Code of Georgia Annotated, relating to the contents of the model basic health insurance plan, is amended by striking paragraph (2) in its entirety and inserting in its place a new paragraph (2) to read as follows: (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; provided, however, that the Commissioner is authorized to permit the participation of certain children covered by Medicaid in a plan developed by the Commissioner to cover the basic health needs of children when such participation is approved by the Secretary of the United States Department of Health and Human Services; Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 29, 1993.

Page 1987

EDUCATION INSURANCE COVERAGE; PUBLIC SCHOOLS; RETIRED EMPLOYEES. Code Section 20-2-915 Amended. No. 616 (Senate Bill No. 352). AN ACT To amend Code Section 20-2-915 of the Official Code of Georgia Annotated, relating to health insurance coverage for retiring and retired public school employees and certain other employees, so as to provide for such coverage for all such persons; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 20-2-915 of the Official Code of Georgia Annotated, relating to health insurance coverage for retiring and retired public school employees and certain other employees, is amended by striking in its entirety subsection (a) and inserting in lieu thereof the following: (a) The contract or contracts shall provide for health insurance for retiring public school employees and their spouses and dependent children, as defined by the regulations of the board, under such terms as the board may deem appropriate. The board shall adopt regulations prescribing the conditions under which an employee or retiring employee may elect to participate in or withdraw from the health insurance plan; provided, however, that any such persons who are eligible to receive a benefit under Chapter 3 or 4 of Title 47 shall be entitled to continue health benefit coverage from active service by authorizing deductions from the retiree's retirement benefit or by paying a quarterly premium directly to the board. For retirees who pay directly, the participation rate shall be the same as the rate charged to other retired direct payees. Surviving spouses of direct paying retirees shall be eligible to continue coverage at the death of the retiree under the same conditions as the retiree but shall not be eligible to include additional persons in the contract after

Page 1988

the retiree's death. The board may limit the choices of direct paying retirees to the level of coverage supported by the employer contribution authorized under this Code section. Section 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 29, 1993. CAPITAL OUTLAY FOR EDUCATION TASK FORCE AND EDUCATION ACCOUNTABILITY AND EVALUATION COMMISSION CREATION. No. 56 (Senate Resolution No. 8). A RESOLUTION Creating the Capital Outlay for Education Task Force and the Education Accountability and Evaluation Commission; and for other purposes. Part 1 WHEREAS, the State of Georgia is committed to the construction of school facilities designed to house every public school student in a facility which is structurally sound and well maintained and which has adequate space and equipment to meet each student's instructional needs; and WHEREAS, the State of Georgia is committed to pursuing the National Educational Goals and educational excellence; and WHEREAS, it is essential that a school facility reflect the educational needs of the students rather than serve to limit the types of educational programs which may be adopted; and

Page 1989

WHEREAS, it is recognized that the needs of the community where the school is located must be considered in the type of construction program initiated; and WHEREAS, the State of Georgia has committed over $1.5 billion since 1981 to fund school construction, renovation, retrofitting, and classroom additions; and WHEREAS, the State of Georgia provides an average of from 75 to 90 percent of the funding for all eligible school facility projects; and WHEREAS, the annual appropriation for capital outlay purposes at times exceeds $100 million based upon funding requests for the six separate capital outlay funding categories; and WHEREAS, it has been more than eight years since the capital outlay program has been reviewed to reflect current needs. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Capital Outlay for Education Task Force to consist of four members of the Senate to be appointed by the President of the Senate; four members of the House of Representatives to be appointed by the Speaker of the House of Representatives; one representative from the Department of Education to be appointed by the State School Superintendent; one representative to be appointed by the Georgia School Superintendent's Association; and the President of the Georgia School Boards Association or the president's designee. The chair of the task force shall be selected by the membership. The chair shall call all meetings of the task force. The task force shall prepare a study for the Governor and the General Assembly to include, but not be limited to recommended revisions of the current capital outlay program, as set out in Code Section 20-2-260 of the O.C.G.A., and other related matters, such as how capital outlay funds affect other state and local education expenditures; community satisfaction with consolidation, size, and location of schools; safety issues associated with relocation of schools other than in neighborhoods where students reside; size of schools as to cost, safety, and academic appropriateness; and any other matters determined

Page 1990

relevant by the task force to the examination of relationships between the capital outlay program and its effect upon desired educational outcomes. BE IT FURTHER RESOLVED that issues and questions to be addressed by the Capital Outlay for Education Task Force should include, but not be limited to, the following: (1) Should school size affect capital outlay entitlement? (A) Should there be a base size, and, if so, what should it be? (B) Should there be a maximum or minimum size, and, if so, what should it be? (C) Should the state provide incentives to consolidate small schools? (2) Should current capital outlay funding options be modified? (A) Should more than one project be allowed under regular advance funding? (B) Should planning grants for incentive advance funding be discontinued? (C) Should incentive advance funding be discontinued prior to completion of this consolidation funding program for systems identified under programs prior to July 1, 1993? (D) Should funding include planning and equipping for new technologies such as computers? (3) Do the recently passed subsections (k.1) and (r) of Code Section 20-2-260 require amendments for clarification?

Page 1991

(4) Does the use of technology and other innovations have implications for school construction? (5) Should design and construction methods, cost schedules, and procedures such as the following be considered in making changes to the current law: (A) Pre-engineered, relocatable buildings; (B) Prototype or stock plans; (C) New construction techniques; (D) Construction codes; (E) Bidding process; (F) Construction management; and (G) Renovation property? (6) Should interagency collaboration be incorporated into the law? (7) Are obsolescent facilities being abandoned inappropriately? (8) How can the state and local systems effectively deal with demographic shifts that create low enrollment and reduced use of fit facilities in some areas, while other areas experiencing rapid growth must make do with inadequate facilities? (9) The task force shall monitor federal legislation that may be significant for Georgia. (10) The task force shall look at how capital outlay projects fit into total local strategic planning. (11) The task force shall address the needs of unhoused students through a study of relevant statistics and other pertinent information.

Page 1992

(12) The task force shall examine whether new programs and incentives, such as prekindergarten programs, among others, should be part of the school construction program. BE IT FURTHER RESOLVED that the task force shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the task force deems necessary or appropriate. 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. All members of the task force shall serve without compensation but may be reimbursed for travel and other expenses in carrying out their official duties at the same rate as state officials and employees, except that any legislative members of the task force shall be reimbursed for travel and other expenses from legislative funds at the same rate and in the same manner as members of the General Assembly who attend meetings of legislative interim committees. All members of the task force, except members of the General Assembly, shall be reimbursed for such expenses from funds appropriated or available to the Department of Education. The task force may meet at such times and places within the State of Georgia as the task force deems necessary not to exceed five meetings. In the event the task force makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 1, 1993. The task force shall stand abolished on December 1, 1993. Part 2 WHEREAS, the enactment of the Quality Basic Education Act (QBE) was hailed as landmark legislation which would radically reform public education in this state; and WHEREAS, the success of the next generation of Georgians in competing in the world marketplace depends in large measure upon the success of QBE in achieving its stated goals; and

Page 1993

WHEREAS, although QBE has never been fully funded, it nevertheless consumes an enormous amount of federal, state, and local tax funds; and WHEREAS, the citizens of this state deserve to know whether this costly program is paying off for the students whom the program is intended to educate. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Education Accountability and Evaluation Commission. The commission shall be composed of nine members. Three members, none of whom shall be a member of the General Assembly, shall be appointed by the Governor. Three members shall be members of the House of Representatives who shall be appointed by the Speaker of the House of Representatives. Three members shall be members of the Senate who shall be appointed by the President of the Senate. The members of the commission who are not members of the General Assembly shall be appointed from educators, school board members, business leaders, deans of colleges of education, and others having a demonstrated interest in educational matters. The chairperson of the commission shall be elected from the membership of the commission. Members of the commission shall serve as such until December 31, 1994. BE IT FURTHER RESOLVED that legislative members and citizen members shall receive the expenses and allowances authorized by law for members of interim legislative committees for their services on the commission. The legislative members are authorized expenses and allowances for five days unless additional days are otherwise authorized. Members of the commission who are state officials, other than legislative members, and state employees shall receive no compensation for their services on the commission, but they shall be reimbursed for expenses incurred by them in the performance of their duties as members of the commission. The funds necessary for the reimbursement of the expenses of state officials, other than legislative members, and state employees shall come from funds appropriated to or otherwise available to their respective departments. The funds necessary for the reimbursement of the expenses of members of the commission who are not legislative members or state officials

Page 1994

or employees shall come from funds appropriated or otherwise available to the Department of Education. All other funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to or otherwise available to the House of Representatives. The commission shall receive personnel support from the staff in the Department of Education, the Governor's office, and the legislative branch of government. BE IT FURTHER RESOLVED that the commission shall study the progress achieved since QBE became effective, as measured against the objectives and goals set forth in Code Sections 20-2-131 and 20-2-132 of the Official Code of Georgia Annotated, and shall establish for each school system the percentage of federal, state, and local funds expended for direct student instruction for each year since 1985. The commission may adopt indicators of student progress, school progress, and academics and system progress which shall include measures of student achievement, program improvement, including programs that were dropped or were not established because of lack of funds, number of students enrolled in upper-level courses, number of teachers involved in staff development designed to improve teaching methodologies, school statistics on dropouts, retention rates, attendance, discipline, students on free lunch, minimum school size as it relates to distance that students travel, parent's involvement, and all other relative information. BE IT FURTHER RESOLVED that the commission shall report its findings to the Governor and the General Assembly no later than December 1, 1993, and December 1, 1994, and make recommendations regarding adjustments to funding and other formulas, changes in statutes and rules, and assessments of needs for each school system which will further the purposes and goals of QBE. Prior to the issuance of such report, the commission shall conduct at least one public hearing in each congressional district. The commission shall be abolished December 31, 1994. Pursuant to Article III, Section V, Paragraph XIII of the Constitution of the State of Georgia, this resolution became law on May 3, 1993, without the approval of the Governor.

Page I

APPELLATE COURTS SUPREME COURT OF GEORGIA As of April 1, 1993 HAROLD G. CLARKE Chief Justice WILLIS B. HUNT, JR Presiding Justice ROBERT BENHAM Justice GEORGE H. CARLEY Justice NORMAN S. FLETCHER Justice CAROL W. HUNSTEIN Justice LEAH SEARS-COLLINS 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 April 1, 1993 MARION T. POPE, JR Chief Judge A. W. BIRDSONG, JR Presiding Judge WILLIAM LeROY McMURRAY, JR Presiding Judge GARY B. ANDREWS Judge DOROTHY T. BEASLEY Judge ALAN BLACKBURN Judge CLARENCE COOPER Judge EDWARD H. JOHNSON Judge VICTORIA McLAUGHLIN Clerk GAIL ARCENEAUX Special Deputy Clerk WM. SCOTT HENWOOD Reporter FAYE S. ABBOTT Assistant Reporter

Page II

SUPERIOR COURTS JUDGES, DISTRICT ATTORNEYS, AND CALENDAR As of April 1, 1993 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 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., Gilmer County Courthouse, Ellijay, GA 30540 FanninSecond Monday in May and November GilmerSecond Monday in April and October PickensSecond Monday in March and September

Page III

ATLANTA CIRCUIT HONS. WILLIAM W. DANIEL, Chief Judge, 601 Fulton County Courthouse, Atlanta, GA 30303 WILLIAM H. ALEXANDER, Judge, 405 Fulton County Courthouse, Atlanta, GA 30303 FRANK M. ELDRIDGE, Judge, 615 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 WILLIAM B. HILL, JR., Judge, 407 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 DON A. LANGHAM, Judge, 816 Fulton County Courthouse, Atlanta, GA 30303 ELIZABETH LONG, Judge, 805 Fulton County Courthouse, Atlanta, GA 30303 THELMA WYATT-CUMMINGS, Judge, 512 Fulton County Courthouse, Atlanta, GA 30303 JOSEPHINE COOK, Judge, 205 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

Page IV

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 J. CARLISLE OVERSTREET, Judge, 305 City-County Building, Augusta, GA 30911 ALBERT McELVEEN PICKETT, Judge, 311 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, Cumming, GA 30130 C. MICHAEL ROACH, Judge, Cherokee County Courthouse, Suite 20, Canton, GA 30114 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

Page V

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 CHEROKEE CIRCUIT HONS. TOM POPE, Chief Judge, P.O. Box 1117, Calhoun, GA 30701 SHEPERD LEE HOWELL, Judge, P.O. Box 44, Cartersville, GA 30120 JEFFERSON DAVIS, JR., Judge, P.O. Box 1986, Cartersville, GA 30120 DARRELL E. WILSON, D.A., P.O. Box 907, Cartersville, GA 30120 BartowFirst Monday in February and August; fourth Monday in April; third Monday in October GordonFirst Monday in March, June, and December; second Monday in September CLAYTON CIRCUIT HONS. WILLIAM H. ISON, Chief Judge, 315 Clayton County Courthouse, Annex 2, Jonesboro, GA 30236 STEPHEN E. BOSWELL, Judge, 209 Clayton County Courthouse, Annex 2, Jonesboro, GA 30236 MATT SIMMONS, Judge, Clayton County Courthouse, Annex 2, Jonesboro, GA 30236 KENNETH KILPATRICK, Judge, 215 Clayton County Courthouse, Annex 2, Jonesboro, GA 30236 DEBORAH BENEFIELD, Judge, 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 MARY STALEY, 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 Street, 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

Page VI

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 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 PETER J. SKANDALAKIS, 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

Page VII

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 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 CHARLES B. MIKELL, JR., 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 ENOTAH CIRCUIT HONS. HUGH W. STONE, Chief Judge, 114 Courthouse Street Box 2, Blairsville 30512 DAVID E. BARRETT, Judge, 1650 S. Main Street, Suite K, Cleveland, GA 30528 C. DAVID TURK III, D.A., Lumpkin County Courthouse, Courthouse Hill, Dahlonega, GA 30533 LumpkinFourth Monday in February and August TownsJanuary 1 and July 1 UnionJanuary 1 and July 1 WhiteFirst Monday in April and October

Page VIII

FLINT CIRCUIT HONS. WILLIAM H. CRAIG, Chief Judge, Henry County Courthouse, 2nd Floor, Mc-Donough, GA 30253 E. BYRON SMITH, Judge, Lamar County Courthouse, Box 5, 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 FRED A. BISHOP, JR., Judge, Gwinnett Justice and Administration Center, 75 Langley Drive, Lawrenceville, GA 30245 MICHAEL C. CLARK, Judge, 75 Langley Dr., Lawrenceville, GA 30245 JAMES W. OXENDINE, Judge, 75 Langley Dr., 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 IX

LOOKOUT MOUNTAIN CIRCUIT HONS. JOSEPH E. LOGGINS, Chief Judge, P.O. Box 464, Summerville, GA 30747 KRISTINA C. CONNELLY, Judge, 128 S. Commerce Street, 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 W. LOUIS SANDS, 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. ROBERT B. STRUBLE, Chief Judge, P.O. Box 758, Toccoa, GA 30523 E. H. `BUCKY' WOODS, 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

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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 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

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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 R. JOSEPH MARTIN, III, 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 PATAULA CIRCUIT HONS. LOWREY S. STONE, Chief Judge, P.O. Drawer 687, Blakely, GA 31723 JOE C. BISHOP, Judge, P.O. Box 856, Dawson, GA 31742 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. THADDEUS PENN McWHORTER, Chief Judge, P.O. Box 685, Winder, GA 30680 ROBERT W. ADAMSON, Judge, P. O. Box 8, Jefferson, GA 30549 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

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ROCKDALE CIRCUIT HONS. CLARENCE VAUGHN, JR., Chief Judge, P.O. Box 978, Conyers, GA 30207 SIDNEY NATION, Judge, P. O. Box 289, Conyers, GA 30207 CHERYL FISHER CUSTER, D.A., 303 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 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

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SOUTHWESTERN CIRCUIT HONS. THAD GIBSON, Chief Judge, P.O. Box 784, Americus, GA 31709 R. RUCKER SMITH, 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. HILTON FULLER, 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 MICHAEL E. HANCOCK, Judge, 403 DeKalb County Courthouse, Decatur, GA 30030 LINDA WARREN HUNTER, Judge, 505 DeKalb County Courthouse, Decatur, GA 30030 ROBERT P. MALLIS, Judge, 905 DeKalb County Courthouse, Decatur, GA 30030 CLARENCE F. CHUCK SEELIGER, Judge, 801 DeKalb County Courthouse, Decatur, GA 30030 JAMES H. (JIM) WEEKS, Judge, 900 DeKalb County Courthouse, Decatur, GA 30030 J. TOM MORGAN, 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, Judge, P. O. Box 301, Dallas, GA 30132 GEORGE C. TURNER, JR., D.A., P. O. Box 201, 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 LAWTON E. STEPHENS, Judge, P.O. Box 8064, 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 No amendments were proposed to the Constitution in 1993. OFFICIAL CODE OF GEORGIA ANNOTATED Code Section 2-2-12; enacted 327 Code Section 2-9-11.1; amended 440 Code Title 2, Chapter 12, Article 4; enacted 986 Code Sections 2-12-100 thru 2-12-110; enacted 986 Code Section 2-14-40; amended 1402 Code Title 2, Chapter 16; enacted 1795 Code Sections 2-16-1 thru 2-16-4; enacted 1795 Code Section 3-2-10; amended 1402 Code Section 3-2-13; amended 83 Code Section 3-3-29; amended 464 Code Section 3-4-3; amended 1073 Code Section 3-5-4; enacted 537 Code Section 3-6-23; amended 91 Code Section 3-6-26; amended 83 Code Section 3-8-3; amended 325 Code Section 4-11-1; amended 91 Code Section 5-6-41; amended 1315 Code Section 7-1-113; amended 917 Code Section 7-1-116; amended 917 Code Section 7-1-289; amended 929 Code Section 7-1-290; amended 929 Code Section 7-1-295; enacted 917 Code Section 7-1-320; amended 915 Code Section 7-1-394; amended 511 Code Section 7-1-493; amended 917 Code Section 7-1-608; amended 917 Code Section 7-1-626; amended 917 Code Section 7-1-793; amended 917 Code Section 7-1-797; amended 917 Code Section 7-1-912; amended 917 Code Title 7, Chapter 1, Article 13; enacted 543 Code Sections 7-1-1000 thru 7-1-1020; enacted 543 Code Section 7-2-6; repealed 917 Code Section 7-2-9; amended 917 Code Title 7, Chapter 8; enacted 917 Code Sections 7-8-1 thru 7-8-8; enacted 917 Code Section 8-2-135; amended 91 Code Section 8-3-30; amended 1067 Code Section 8-3-74; amended 1067 Code Section 8-3-214; amended 91 Code Section 8-3-303; amended 1402 Code Section 8-3-304; amended 1402

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Code Section 8-3-305; amended 1402 Code Section 8-3-306; amended 311 Code Section 8-3-308; amended 91 Code Section 8-3-309; amended 1402 Code Section 8-3-311; enacted 311 Code Section 9-2-21; amended 1080 Code Section 9-11-4; amended 91 Code Section 9-11-12; amended 91 Code Section 9-11-16; amended 91 Code Section 9-11-26; amended 91 Code Section 9-11-27; amended 1315 Code Section 9-11-28; amended 1315 Code Section 9-11-30; amended 1315 Code Section 9-11-40; amended 91 Code Section 9-11-47; amended 91 Code Section 9-11-49; amended 91 Code Section 9-11-58; amended 91 Code Section 9-13-75; amended 91 Code Section 9-13-143; amended 91 Code Section 9-13-161; amended 91 Code Section 9-14-53; amended 1402 Code Section 10-1-238; amended 91 Code Section 10-1-393; amended 1676 Code Section 10-1-393; amended 91 Code Section 10-1-393; amended 1076 Code Section 10-1-420; amended 701 Code Section 10-1-426; amended 91 Code Section 10-1-441; amended 462 Code Section 10-1-594; amended 1402 Code Title 10, Chapter 1, Article 22, Part 1; amended 1585 Code Sections 10-1-620 thru 10-1-628; amended 1585 Code Title 10, Chapter 1, Article 22, Part 2; amended 1585 Code Sections 10-1-630 thru 10-1-631; amended 1585 Code Title 10, Chapter 1, Article 22, Part 3; amended 1585 Code Sections 10-1-640 thru 10-1-644; amended 1585 Code Title 10, Chapter 1, Article 22, Part 4; amended 1585 Code Sections 10-1-650 thru 10-1-654; amended 1585 Code Title 10, Chapter 1, Article 22, Part 5; amended 1585 Code Sections 10-1-660 thru 10-1-663; amended 1585 Code Title 10, Chapter 1, Article 22, Part 6; amended 1585 Code Sections 10-1-665 thru 10-1-668; amended 1585 Code Section 10-1-700; amended 1092 Code Title 10, Chapter 1, Article 26; amended 1585 Code Sections 10-1-730 thru 10-1-740; amended 1585 Code Title 10, Chapter 1, Article 31; enacted 1797 Code Sections 10-1-850 thru 10-1-855; enacted 1797 Code Title 10, Chapter 1, Article 31; enacted 1805 Code Sections 10-1-850 thru 10-1-854; enacted 1805 Code Title 10, Chapter 1, Article 31; enacted 1092 Code Sections 10-1-850 thru 10-1-857; enacted 1092 Code Section 10-2-19; amended 811

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Code Section 10-2-20; amended 811 Code Section 10-2-21; amended 811 Code Section 10-2-22; enacted 446 Code Section 10-2-22; enacted 811 Code Section 10-6-2; amended 457 Code Section 10-6-6; enacted 1052 Code Title 10, Chapter 6A; enacted 376 Code Sections 10-6A-1 thru 10-6A-14; enacted 376 Code Section 10-9-15; amended 91 Code Section 10-10-3; amended 1402 Code Section 11-1-105; amended 633 Code Section 11-1-201; amended 633 Code Title 11, Chapter 2A, Article 2A, Part 1; enacted 633 Code Sections 11-2A-101 thru 11-2A-109; enacted 633 Code Title 11, Chapter 2A, Article 2A, Part 2; enacted 633 Code Sections 11-2A-201 thru 11-2A-221; enacted 633 Code Title 11, Chapter 2A, Article 2A, Part 3; enacted 633 Code Sections 11-2A-301 thru 11-2A-311; enacted 633 Code Title 11, Chapter 2A, Article 2A, Part 4; enacted 633 Code Sections 11-2A-401 thru 11-2A-407; enacted 633 Code Title 11, Chapter 2A, Article 2A, Part 5; enacted 633 Code Sections 11-2A-501 thru 11-2A-532; enacted 633 Code Section 11-9-105; amended 1550 Code Section 11-9-113; amended 633 Code Section 11-9-307; amended 1550 Code Section 11-9-312; amended 576 Code Section 11-9-401; amended 1550 Code Section 11-9-402; amended 1550 Code Section 11-9-403; amended 1550 Code Section 11-9-404; amended 1550 Code Section 11-9-405; amended 1550 Code Section 11-9-406; amended 1550 Code Section 11-9-407; amended 1550 Code Title 11, Article 12; enacted 1550 Code Sections 11-12-101 thru 11-12-102; enacted 1550 Code Section 12-2-2; amended 500 Code Section 12-2-8; amended 91 Code Section 12-3-34; enacted 396 Code Section 12-3-52; amended 91 Code Section 12-3-194; amended 1781 Code Section 12-3-235; amended 1781 Code Section 12-3-241; amended 1402 Code Section 12-3-292; amended 1683 Code Section 12-3-294; amended 1781 Code Section 12-3-294; amended 1683 Code Section 12-3-297; amended 1683 Code Section 12-3-298; amended 1683 Code Section 12-3-300; enacted 1683 Code Section 12-3-314; amended 1781 Code Section 12-3-401; amended Vetoed SB 342 Code Section 12-3-401; amended 1781

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Code Section 12-3-402; amended 1781 Code Section 12-3-402; amended Vetoed SB 342 Code Section 12-3-403; amended 1781 Code Section 12-3-403; amended Vetoed SB 342 Code Section 12-3-422; amended 1781 Code Section 12-3-422; amended Vetoed SB 342 Code Section 12-3-425; amended 1781 Code Section 12-3-425; amended Vetoed SB 342 Code Section 12-3-522; amended 809 Code Section 12-4-101; amended 1402 Code Section 12-5-23; amended 305 Code Section 12-5-29; amended 459 Code Section 12-5-29.1; amended 1775 Code Section 12-5-30.3; enacted 730 Code Section 12-5-127; amended 301 Code Section 12-5-176; amended 305 Code Section 12-5-482; amended 1402 Code Section 12-5-522; amended 91 Code Section 12-6-5; amended 423 Code Section 12-6-49; amended 481 Code Section 12-6-50; amended 481 Code Section 12-6-54; amended 481 Code Section 12-8-21; amended 399 Code Section 12-8-22; amended 399 Code Section 12-8-22; amended 91 Code Section 12-8-24; amended 399 Code Section 12-8-27; repealed 399 Code Section 12-8-31.1; amended 399 Code Section 12-8-39.1; amended 399 Code Section 12-8-39.3; amended 399 Code Section 12-8-40.1; amended 399 Code Section 12-8-40.2; amended 399 Code Section 12-8-66; amended 500 Code Section 12-8-92; amended 500 Code Section 12-8-93; amended 500 Code Section 12-8-94; amended 500 Code Section 12-8-95.1; amended 500 Code Section 12-8-96.1; amended 500 Code Section 12-8-97; amended 500 Code Section 12-8-97; amended 91 Code Section 12-8-102; amended 91 Code Title 12, Chapter 8, Article 8; enacted 1429 Code Sections 12-8-180 thru 12-8-189; enacted 1429 Code Section 12-9-7; amended 91 Code Section 12-10-81; amended 429 Code Section 12-12-14; amended 91 Code Section 12-13-3; amended 91 Code Section 12-14-1; amended 91 Code Section 13-4-43; enacted 1028 Code Section 13-6-15; amended 465 Code Title 13, Chapter 8, Article 2; amended 1585

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Code Sections 13-8-11 thru 13-8-25; amended 1585 Code Section 13-8-15; amended 91 Code Title 13, Chapter 8, Article 3; amended 1585 Code Sections 13-8-31 thru 13-8-45; amended 1585 Code Section 14-2-140; amended 1231 Code Section 14-2-201.1; amended 1231 Code Section 14-2-206; amended 1231 Code Section 14-2-621; amended 1231 Code Section 14-2-630; amended 1231 Code Section 14-2-703; amended 1231 Code Section 14-2-704; amended 1231 Code Section 14-2-722; amended 1231 Code Section 14-2-841; amended 1231 Code Section 14-2-922; amended 1231 Code Section 14-2-1007; amended 1231 Code Section 14-2-1020; amended 1231 Code Section 14-2-1021; amended 1231 Code Section 14-2-1103; amended 1231 Code Section 14-2-1105.1; amended 1231 Code Section 14-2-1109.1; enacted 123 Code Section 14-2-1301; amended 1231 Code Section 14-2-1320; amended 1231 Code Section 14-2-1325; amended 1231 Code Section 14-2-1327; amended 1231 Code Section 14-2-1330; amended 1231 Code Section 14-2-1403.1; amended 1231 Code Section 14-2-1420; amended 1231 Code Section 14-2-1501; amended 1231 Code Section 14-2-1509; amended 1231 Code Section 14-2-1622; amended 1231 Code Section 14-2-1701; amended 1231 Code Section 14-2-1703; amended 1231 Code Section 14-3-1041; amended 91 Code Section 14-3-1420; amended 1231 Code Section 14-3-1622; amended 1231 Code Section 14-4-140; amended 1231 Code Section 14-4-141; amended 1231 Code Section 14-4-142; amended 1231 Code Section 14-4-143; amended 1231 Code Section 14-4-144; repealed 1231 Code Section 14-5-20; amended 1231 Code Section 14-9-206.1; amended 123 Code Title 14, Chapter 11; repealed 123 Code Sections 14-11-1 thru 14-11-19; repealed 123 Code Title 14, Chapter 11, Article 1; enacted 123 Code Sections 14-11-100 thru 14-11-101; enacted 123 Code Title 14, Chapter 11, Article 2; enacted 123 Code Sections 14-11-201 thru 14-11-212; enacted 123 Code Title 14, Chapter 11, Article 3; enacted 123 Code Sections 14-11-301 thru 14-11-314; enacted 123 Code Title 14, Chapter 11, Article 4; enacted 123

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Code Sections 14-11-401 thru 14-11-409; enacted 123 Code Title 14, Chapter 11, Article 5; enacted 123 Code Sections 14-11-501 thru 14-11-506; enacted 123 Code Title 14, Chapter 11, Article 6; enacted 123 Code Sections 14-11-601 thru 14-11-610; enacted 123 Code Title 14, Chapter 11, Article 7; enacted 123 Code Sections 14-11-701 thru 14-11-712; enacted 123 Code Title 14, Chapter 11, Article 8; enacted 123 Code Sections 14-11-801 thru 14-11-807; enacted 123 Code Title 14, Chapter 11, Article 9; enacted 123 Code Sections 14-11-901 thru 14-11-905; enacted 123 Code Title 14, Chapter 11, Article 10; enacted 123 Code Sections 14-11-1001 thru 14-11-1013; enacted 123 Code Title 14, Chapter 11, Article 11; enacted 123 Code Sections 14-11-1101 thru 14-11-1109; enacted 123 Code Section 15-1-8; amended 981 Code Section 15-2-3; amended 1402 Code Section 15-2-4; amended 360 Code Section 15-2-23; repealed 1402 Code Section 15-2-43; amended 1402 Code Section 15-2-45; amended 1402 Code Section 15-3-5; amended 1402 Code Section 15-3-8; repealed 1402 Code Section 15-4-5; amended 1402 Code Section 15-6-3; amended 805 Code Section 15-6-3; amended 447 Code Section 15-6-27; amended 1402 Code Section 15-6-28; amended 1402 Code Section 15-6-28.1; amended 1402 Code Section 15-6-29; amended 1402 Code Section 15-6-30; amended 1402 Code Section 15-6-31; repealed 1402 Code Section 15-6-35; enacted 1389 Code Section 15-6-61; amended 1550 Code Section 15-6-75; amended 982 Code Section 15-6-76; amended 982 Code Section 15-6-76.1; enacted 982 Code Section 15-6-77; amended 1550 Code Section 15-6-88; amended Vetoed HB 206 Code Section 15-6-90; amended 91 Code Section 15-6-90; amended Vetoed HB 206 Code Section 15-6-94; enacted 374 Code Section 15-6-94; enacted 1544 Code Section 15-7-47; amended 1315 Code Section 15-7-49; enacted 982 Code Section 15-9-60; amended 91 Code Section 15-9-63; amended Vetoed HB 206 Code Section 15-9-65; amended Vetoed HB 206 Code Section 15-10-7; amended 910 Code Section 15-10-23; amended 910 Code Section 15-10-25; amended 910

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Code Section 15-10-41; amended 974 Code Section 15-10-43; amended 974 Code Section 15-10-60; amended 910 Code Section 15-10-105; amended 1061 Code Title 15, Chapter 10, Article 11; enacted 982 Code Section 15-10-220; enacted 982 Code Title 15, Chapter 10, Article 11; enacted 910 Code Sections 15-10-220 thru 15-10-223; enacted 910 Code Section 15-11-8; amended 438 Code Section 15-11-34; amended 1716 Code Section 15-11-56.1; amended 931 Code Section 15-11-58; amended 979 Code Section 15-14-1; amended 1315 Code Section 15-14-2; amended 1315 Code Section 15-14-3; amended 1315 Code Section 15-14-6; amended 1402 Code Title 15, Chapter 14, Article 2; amended 1315 Code Sections 15-14-20 thru 15-14-36; amended 1315 Code Section 15-16-1; amended 724 Code Section 15-16-8; amended 1389 Code Section 15-16-10; amended 1688 Code Section 15-16-13; amended 1688 Code Section 15-16-20; amended Vetoed HB 206 Code Section 15-16-27; amended 1673 Code Section 15-18-12; amended 1402 Code Section 15-18-14; amended 1402 Code Section 15-18-17; amended 91 Code Section 15-18-18; amended 1402 Code Title 15, Chapter 23; enacted 1529 Code Sections 15-23-1 thru 15-23-12; enacted 1529 Code Section 16-3-21; amended 1716 Code Section 16-5-23; amended 91 Code Title 16, Chapter 5, Article 7; enacted 1534 Code Sections 16-5-90 thru 16-5-93; enacted 1534 Code Section 16-6-4; amended 715 Code Section 16-7-42; amended 496 Code Title 16, Chapter 7, Article 2, Part 3; enacted 496 Code Sections 16-7-50 thru 16-7-56; enacted 496 Code Section 16-10-54; amended 808 Code Section 16-11-66; amended 565 Code Section 16-11-66.1; enacted 299 Code Section 16-11-69; amended 299 Code Section 16-11-130; amended 604 Code Section 16-12-50; amended 535 Code Section 16-12-51; amended 535 Code Section 16-12-52; amended 535 Code Section 16-12-62; amended 535 Code Section 16-12-100.1; enacted 735 Code Section 16-12-170; amended 343 Code Section 16-12-171; amended 343 Code Section 16-12-172; amended 343

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Code Section 16-12-173; amended 343 Code Section 16-12-174; enacted 343 Code Section 16-12-175; enacted 343 Code Section 16-13-27.1; enacted 590 Code Section 16-13-28; amended 590 Code Section 16-13-29; amended 590 Code Section 16-13-49; amended 1434 Code Section 16-13-71; amended 590 Code Section 16-15-5; amended 91 Code Section 17-4-25.1; enacted 710 Code Section 17-6-1; amended 1534 Code Section 17-6-1; amended 91 Code Section 17-10-1; amended 1654 Code Section 17-10-1.1; amended 1660 Code Section 17-10-1.2; amended 1660 Code Section 17-10-2; amended 1654 Code Section 17-10-6; amended 705 Code Section 17-10-16; enacted 1654 Code Section 17-10-30.1; enacted 1654 Code Section 17-10-31.1; enacted 1654 Code Section 17-10-32.1; enacted 1654 Code Section 17-12-32; amended 308 Code Section 17-12-34; amended 308 Code Section 17-12-37; amended 308 Code Section 17-12-61; amended 1402 Code Section 17-15-10; amended 91 Code Section 19-6-19; amended 1091 Code Section 19-6-32; amended 585 Code Section 19-6-33; amended 585 Code Section 19-7-3; amended 456 Code Section 19-7-5; amended 1695 Code Section 19-7-45; amended 1980 Code Section 19-7-46; amended 1980 Code Section 19-9-3; amended 1983 Code Section 19-11-9.2; enacted 1983 Code Section 19-11-58; amended 1402 Code Section 19-11-59; amended 1402 Code Section 19-13-1; amended 1534 Code Section 19-13-4; amended 788 Code Section 19-14-7; amended 1402 Code Section 19-14-21; amended 1402 Code Section 19-14-22; amended 1402 Code Section 19-14-23; amended 1402 Code Title 19, Chapter 15; amended 1941 Code Sections 19-15-1 thru 19-15-7; amended 1941 Code Title 19, Chapter 15; amended 1695 Code Sections 19-15-1 thru 19-15-7; amended 1695 Code Section 20-2-5.1; amended 353 Code Section 20-2-51; amended 1279 Code Section 20-2-52; amended 1279 Code Section 20-2-53; amended 1279

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Code Section 20-2-54.1; amended 1279 Code Section 20-2-55; amended 1279 Code Section 20-2-56; enacted 1279 Code Section 20-2-57; amended 1279 Code Section 20-2-101; amended 1279 Code Section 20-2-102; repealed 1279 Code Section 20-2-105; repealed 1279 Code Section 20-2-106; repealed 1279 Code Section 20-2-107; repealed 1279 Code Section 20-2-108; amended 1667 Code Section 20-2-150; amended 1279 Code Section 20-2-160; amended 1693 Code Section 20-2-161.1; amended 933 Code Section 20-2-186; amended 1667 Code Section 20-2-210; amended 1279 Code Section 20-2-255; enacted 1440 Code Section 20-2-261; amended 541 Code Section 20-2-281; amended Vetoed SB 316 Code Section 20-2-282; amended Vetoed SB 316 Code Section 20-2-284; enacted 1438 Code Section 20-2-292; amended 1667 Code Section 20-2-505.1; enacted 1687 Code Section 20-2-564; amended 1402 Code Section 20-2-891; amended 1402 Code Section 20-2-915; amended 1987 Code Section 20-2-919; amended 1402 Code Section 20-2-1160; amended 1279 Code Section 20-3-55; amended 1402 Code Section 20-3-63; amended 1402 Code Section 20-3-250.2; amended 91 Code Section 20-3-250.6; amended 91 Code Section 20-3-250.27; amended 1402 Code Section 20-4-3; amended 1402 Code Section 20-5-2; amended 992 Code Section 21-2-3; amended 118 Code Section 21-2-4; amended 863 Code Section 21-2-5; amended 617 Code Section 21-2-6; amended 617 Code Section 21-2-10; amended 118 Code Section 21-2-13; amended 1402 Code Section 21-2-31; amended 118 Code Section 21-2-31; amended 1670 Code Section 21-2-33.1; enacted 1670 Code Section 21-2-74; amended 118 Code Section 21-2-74; amended 617 Code Section 21-2-131; amended 617 Code Section 21-2-132; amended 118 Code Section 21-2-139; amended Vetoed SB 283 Code Section 21-2-153; amended 118 Code Section 21-2-153; amended 617 Code Section 21-2-193; amended 118

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Code Section 21-2-217; amended 118 Code Section 21-2-224; amended 617 Code Section 21-2-225; amended 118 Code Section 21-2-236; amended 118 Code Section 21-2-238; amended 617 Code Section 21-2-261.1; amended 617 Code Section 21-2-285; amended Vetoed SB 283 Code Section 21-2-285; amended 118 Code Section 21-2-321; amended 617 Code Section 21-2-322; amended 118 Code Section 21-2-322; amended Vetoed SB 283 Code Section 21-2-325; amended Vetoed SB 283 Code Section 21-2-327; amended 118 Code Section 21-2-350; amended Vetoed SB 283 Code Section 21-2-354; amended 118 Code Section 21-2-386; amended 118 Code Section 21-2-402; amended 118 Code Section 21-2-414; amended 712 Code Section 21-2-416; repealed Vetoed SB 283 Code Section 21-2-438; amended Vetoed SB 283 Code Section 21-2-438; amended 118 Code Section 21-2-452; amended Vetoed SB 283 Code Section 21-2-452; amended 118 Code Section 21-2-500; amended 1074 Code Section 21-2-503; amended 118 Code Section 21-2-522; amended 617 Code Section 21-3-3; amended 617 Code Section 21-3-52; amended 617 Code Section 21-3-61; amended 118 Code Section 21-3-129; amended 617 Code Section 21-3-133; amended 118 Code Section 21-3-161.1; amended 617 Code Section 21-3-165; amended 118 Code Section 21-3-187; amended Vetoed SB 283 Code Section 21-3-187; amended 118 Code Section 21-3-221; amended 617 Code Section 21-3-225; amended Vetoed SB 283 Code Section 21-3-284; amended 118 Code Section 21-3-286; amended 118 Code Section 21-3-321; amended 712 Code Section 21-3-325; repealed Vetoed SB 283 Code Section 21-3-346; amended Vetoed SB 283 Code Section 21-3-348; amended 118 Code Section 21-3-360; amended 118 Code Section 21-3-362; amended 118 Code Section 21-3-362; amended Vetoed SB 283 Code Section 21-3-409; amended 118 Code Section 21-3-422; amended 617 Code Section 21-4-9; amended 118 Code Section 21-4-13; amended 118 Code Section 21-5-3; amended 118

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Code Section 21-5-3; amended 1279 Code Section 21-5-30; amended 1402 Code Section 21-5-50; amended 118 Code Section 24-5-20; amended 1078 Code Section 24-5-26; amended 1078 Code Section 24-9-40; amended 1050 Code Section 25-2-4.1; amended 448 Code Section 25-11-9; amended 1402 Code Section 27-1-2; amended 779 Code Section 27-1-16; amended 392 Code Section 27-1-36; amended 91 Code Section 27-2-5; amended 779 Code Section 27-2-9; amended 91 Code Section 27-2-17; amended 91 Code Section 27-2-22; amended 91 Code Section 27-2-22.1; amended 91 Code Section 27-3-1.1; amended 91 Code Section 27-3-13; amended 91 Code Section 27-3-21; amended 392 Code Section 27-3-27; amended 91 Code Section 27-3-41; amended 779 Code Section 27-4-11.1; amended 91 Code Section 27-5-1; amended 91 Code Section 27-5-6; amended 91 Code Section 28-1-14.1; amended 91 Code Section 28-1-16; enacted 1390 Code Section 28-2-1; amended 813 Code Section 28-2-2; amended 863 Code Section 28-4-3; amended 91 Code Section 28-5-5; enacted 1914 Code Section 28-5-42; amended 1914 Code Section 28-5-55; amended 91 Code Section 28-5-85; amended 91 Code Title 28, Chapter 5, Article 5; enacted 1914 Code Section 28-5-120 thru 28-5-127; enacted 1914 Code Section 28-10-7; amended 91 Code Section 30-1-4; amended 91 Code Section 31-2-6; amended 1290 Code Section 31-3-2; amended 1445 Code Section 31-3-4; amended 1445 Code Section 31-3-12.1; enacted 1445 Code Section 31-5-2; amended 1290 Code Section 31-7-1; amended 1445 Code Section 31-7-12; amended 317 Code Section 31-7-23; amended 1402 Code Section 31-7-72.1; enacted 1020 Code Section 31-7-75.2; amended 1020 Code Title 31, Chapter 7, Article 10; repealed 738 Code Sections 31-7-190 thru 31-7-208; repealed 738 Code Section 31-8-35; amended 1402 Code Title 31, Chapter 8, Article 6; amended 1014

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Code Sections 31-8-150 thru 31-8-160; amended 1014 Code Section 31-8-152; amended 1402 Code Section 31-8-157; amended 1402 Code Section 31-11-31; amended 468 Code Section 31-11-31.1; enacted 468 Code Section 31-11-58; amended 1082 Code Section 31-11-58.1; enacted 1082 Code Section 31-32-3; amended 91 Code Section 32-1-3; amended 914 Code Section 32-2-2; amended 1402 Code Section 32-5-1; amended 1402 Code Section 32-5-2; amended 1402 Code Section 32-6-1; amended 315 Code Section 32-6-2; amended 370 Code Section 32-6-24; amended 786 Code Section 32-6-28; amended 348 Code Section 32-6-29; amended 366 Code Section 32-6-29; amended 91 Code Section 32-6-51; amended 1732 Code Section 32-6-95; amended 969 Code Section 32-9-4; amended 363 Code Section 32-9-5; amended 373 Code Section 32-9-10; enacted 1362 Code Section 32-10-64; amended 366 Code Title 32, Chapter 11; enacted 419 Code Sections 32-11-1 thru 32-11-9; enacted 419 Code Section 33-2-29; amended 1402 Code Section 33-5-23; amended 91 Code Section 33-5-32; amended 1402 Code Section 33-9-39; amended 542 Code Section 33-9-40.2; enacted 1512 Code Section 33-9-42; amended 611 Code Section 33-10-13; amended 483 Code Section 33-11-10; amended 1721 Code Section 33-12-4; amended 1721 Code Section 33-13-4; amended 625 Code Section 33-13-5; amended 625 Code Section 33-14-41; amended 625 Code Title 33, Chapter 15, Article 1; amended 1744 Code Sections 33-15-1 thru 33-15-5; amended 1744 Code Title 33, Chapter 15, Article 2; amended 1744 Code Sections 33-15-20 thru 33-15-23; amended 1744 Code Title 33, Chapter 15, Article 3; enacted 1744 Code Sections 33-15-40 thru 33-15-45; enacted 1744 Code Title 33, Chapter 15, Article 4; enacted 1744 Code Sections 33-15-60 thru 33-15-65; enacted 1744 Code Title 33, Chapter 15, Article 5; enacted 1744 Code Sections 33-15-80 thru 33-15-83; enacted 1744 Code Title 33, Chapter 15, Article 6; enacted 1744 Code Sections 33-15-100 thru 33-15-108; enacted 1744 Code Title 33, Chapter 15, Article 7; enacted 1744

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Code Sections 33-15-120 thru 33-15-123; enacted 1744 Code Section 33-21-17; amended 1402 Code Section 33-23-1.1; enacted 778 Code Section 33-23-11; amended 702 Code Section 33-23-21; amended 91 Code Section 33-23-26; amended 702 Code Section 33-24-3; amended 1721 Code Section 33-24-6; amended 1721 Code Section 33-24-21.2; amended 91 Code Section 33-24-41.1; amended 91 Code Section 33-24-41.2; enacted 1048 Code Section 33-24-46; amended 483 Code Section 33-24-47; amended 1507 Code Section 33-25-8; amended 483 Code Section 33-25-10; amended 91 Code Section 33-27-1; amended 1721 Code Section 33-27-3; amended 1721 Code Section 33-29-19; amended 91 Code Section 33-33-5; amended 1402 Code Section 33-33-10.1; enacted 320 Code Section 33-35-15; amended 1402 Code Section 33-38-7; amended 491 Code Section 33-43-1; amended 91 Code Section 33-43-3; amended 91 Code Section 33-48-2; amended 91 Code Section 33-48-4; amended 91 Code Section 33-50-2; amended 329 Code Section 33-51-3; amended 1985 Code Title 33, Chapter 53; enacted 539 Code Sections 33-53-1 thru 33-53-4; enacted 539 Code Section 34-1-4; enacted 1056 Code Section 34-8-35; amended 323 Code Section 34-8-177; amended 1402 Code Section 34-9-1; amended 491 Code Section 34-9-2; amended 323 Code Section 34-9-12; amended 1396 Code Section 34-9-14; amended 491 Code Section 34-9-47; amended 1365 Code Section 34-9-129; amended 1402 Code Section 34-9-133; amended 91 Code Section 34-9-136; amended 1365 Code Section 34-9-155; amended 1365 Code Section 34-9-352; amended 1402 Code Title 34, Chapter 9, Article 11; enacted 1512 Code Sections 34-9-410 thru 34-9-421; enacted 1512 Code Section 34-11-7; amended 434 Code Section 35-1-4; amended 762 Code Section 35-1-4; amended 91 Code Section 35-1-10; amended 91 Code Section 35-5-1; amended 91 Code Section 35-7-3; amended 91

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Code Section 35-8-2; amended 966 Code Section 35-8-2; amended 91 Code Section 35-8-7.1; amended 91 Code Section 35-8-20; amended 91 Code Section 35-8-20.1; amended 1780 Code Section 35-9-4; amended 91 Code Section 35-9-5; amended 91 Code Section 35-9-6; amended 91 Code Section 35-9-8; amended 91 Code Section 35-9-9; amended 91 Code Section 35-9-10; amended 91 Code Section 35-9-11; amended 91 Code Section 35-9-12; amended 91 Code Section 35-1-16; amended 91 Code Section 36-1-22; repealed 1292 Code Section 36-5-23; amended 91 Code Section 36-5-24; amended 91 Code Section 36-7-2.1; amended 91 Code Section 36-15-9; amended 91 Code Section 36-17-2; amended 1402 Code Section 36-17-3; amended 1402 Code Section 36-30-7.1; enacted 1579 Code Section 36-32-8; amended 91 Code Section 36-32-23; amended 91 Code Section 36-34-2; amended 91 Code Section 36-36-32; amended 91 Code Section 36-37-6; amended 795 Code Section 36-40-22; amended 1402 Code Section 36-40-24; amended 1402 Code Section 36-40-42; amended 1402 Code Section 36-40-44; amended 1402 Code Section 36-40-45; amended 1402 Code Section 36-40-46; amended 1402 Code Section 36-44-3; amended 91 Code Section 36-44-4; amended 91 Code Section 36-45-20; amended 91 Code Section 36-60-16; enacted 394 Code Section 36-61-3; amended 91 Code Section 36-61-12; amended 91 Code Section 36-62-7; amended 91 Code Section 36-63-11; amended 91 Code Section 36-66-3; amended 806 Code Section 36-66-5; amended 806 Code Section 36-67A-3; amended 91 Code Section 36-68-3; amended 91 Code Section 36-70-2; amended 91 Code Section 36-70-5; amended 91 Code Section 36-71-4; amended 91 Code Section 36-80-7; amended 91 Code Section 36-80-9; amended 91 Code Section 36-80-14; amended 91

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Code Section 36-80-15; amended 1402 Code Section 36-81-7; amended 717 Code Section 36-82-69; amended 91 Code Section 36-82-70; amended 91 Code Section 36-82-104; amended 91 Code Section 36-82-104; amended 1003 Code Section 36-82-182; amended 91 Code Section 36-82-187; amended 91 Code Section 36-82-188; amended 91 Code Section 36-83-7; amended 1402 Code Section 36-83-8; amended 1402 Code Title 36, Chapter 86; enacted 1574 Code Sections 36-86-1 thru 36-86-4; enacted 1574 Code Title 36, Chapter 86; enacted 792 Code Sections 36-86-1 thru 36-86-2; enacted 792 Code Section 37-1-1; amended 1445 Code Section 37-1-2; enacted 1445 Code Section 37-1-20; amended 1445 Code Section 37-1-22; amended 1445 Code Section 37-1-23; amended 1445 Code Section 37-1-24; amended 1445 Code Title 37, Chapter 1, Article 3; amended 1445 Code Section 37-1-40; amended 1445 Code Title 37, Chapter 1, Article 4; amended 1445 Code Sections 37-1-50 thru 37-1-53; amended 1445 Code Section 37-1-70; amended 1445 Code Section 37-1-71; amended 1445 Code Title 37, Chapter 1, Article 5, Part 2; amended 1445 Code Section 37-1-90; amended 1445 Code Title 37, Chapter 2, Article 1; amended 1445 Code Sections 37-2-1 thru 37-2-12; amended 1445 Code Section 37-2-34; amended 1445 Code Section 37-3-1; amended 1445 Code Section 37-3-61; amended 1445 Code Section 37-3-101; amended 1445 Code Section 37-4-40.4; amended 1445 Code Section 37-4-61; amended 1445 Code Section 37-6-4; amended 1445 Code Section 37-7-1; amended 1445 Code Section 37-7-61; amended 1445 Code Section 37-7-101; amended 1445 Code Section 38-2-177; amended 1 Code Section 38-2-284; enacted 1774 Code Section 40-1-1; amended 518 Code Section 40-2-8; amended 1260 Code Section 40-2-8.1; enacted 698 Code Section 40-2-20; amended 1260 Code Section 40-2-23; amended 1815 Code Section 40-2-38; amended 296 Code Section 40-2-44; amended 91 Code Section 40-2-46; amended 972

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Code Section 40-2-66; amended 1260 Code Section 40-2-70; amended 467 Code Section 40-2-75; amended Vetoed HB 292 Code Section 40-2-77; amended 1678 Code Section 40-2-84; amended 1793 Code Section 40-2-131; amended 1402 Code Section 40-2-135; amended 972 Code Section 40-3-2; amended 1260 Code Section 40-3-4; amended 1260 Code Section 40-3-21.1; amended 1260 Code Section 40-3-36; amended 1260 Code Section 40-3-36.1; enacted 1260 Code Section 40-3-37; amended 1260 Code Section 40-3-37; amended 91 Code Section 40-3-56; amended 1260 Code Section 40-4-2; amended 91 Code Section 40-5-25; amended 615 Code Section 40-5-53; amended 1665 Code Section 40-5-54; amended 940 Code Section 40-5-55; amended 940 Code Section 40-5-61; amended 940 Code Section 40-5-62; amended 940 Code Section 40-5-63; amended 940 Code Section 40-5-71; amended 91 Code Section 40-5-71; amended 936 Code Section 40-5-81; amended 454 Code Section 40-5-83; amended 91 Code Section 40-5-83; amended 454 Code Section 40-5-148.1; enacted 797 Code Section 40-6-54; enacted 363 Code Section 40-6-226; amended 707 Code Section 40-6-252; amended 91 Code Section 40-6-275; amended 370 Code Section 40-6-292; amended 518 Code Section 40-6-296; amended 518 Code Section 40-8-74; amended 727 Code Section 40-8-76.1; amended 516 Code Section 40-9-39; amended 1402 Code Section 40-11-1; amended 370 Code Section 40-11-2; amended 772 Code Section 40-11-3; amended 370 Code Section 40-11-9; enacted 772 Code Section 42-1-11; enacted 1728 Code Section 42-4-7; amended 632 Code Section 42-4-13; amended 630 Code Section 42-4-71; amended 304 Code Section 42-5-30; amended 417 Code Section 42-5-60; amended 629 Code Section 42-8-30.1; amended 91 Code Section 42-8-34; amended 426 Code Section 42-8-35.1; amended 444

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Code Section 42-8-35.1; amended 1664 Code Section 42-8-35.3; enacted 1534 Code Title 42, Chapter 8, Article 7; enacted 568 Code Sections 42-8-110 thru 42-8-118; enacted 568 Code Section 43-1-3; amended 1402 Code Section 43-1-19; amended 123 Code Section 43-1-19.2; enacted 427 Code Section 43-1-24; amended 123 Code Title 43, Chapter 1B; enacted 521 Code Sections 43-1B-1 thru 43-1B-8; enacted 521 Code Section 43-3-2; amended 123 Code Section 43-3-5; amended 123 Code Section 43-3-21; amended 123 Code Section 43-3-22; repealed 123 Code Section 43-3-23; amended 123 Code Section 43-3-24; amended 123 Code Section 43-3-29; amended 123 Code Section 43-3-29.1; amended 123 Code Section 43-3-32; amended 123 Code Section 43-3-35; amended 123 Code Section 43-3-36; amended 123 Code Section 43-4-10; amended 123 Code Section 43-4-13; amended 123 Code Section 43-4-16; amended 123 Code Section 43-4A-2; amended 776 Code Section 43-4A-4; amended 776 Code Section 43-4A-5; amended 123 Code Section 43-4A-10; amended 776 Code Section 43-6-1; amended 123 Code Section 43-6-1; amended 1030 Code Section 43-6-7; amended 1030 Code Section 43-6-10; amended 123 Code Section 43-6-11; amended 1030 Code Section 43-6-12; amended 1030 Code Section 43-6-16; amended 123 Code Section 43-6-18; amended 1030 Code Section 43-6-18.1; amended 1030 Code Section 43-6-18.2; enacted 1030 Code Section 43-6-22.1; amended 123 Code Section 43-6-24; amended 1030 Code Section 43-6-24.1; enacted 1030 Code Section 43-9-16; amended 1719 Code Section 43-10A-2; amended 330 Code Section 43-10A-3; amended 330 Code Section 43-10A-7; amended 330 Code Section 43-10A-11; amended 330 Code Section 43-10A-12; amended 330 Code Section 43-10A-17; amended 330 Code Section 43-10A-17; amended 123 Code Section 43-10A-21; amended 330 Code Section 43-10A-22; amended 330

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Code Section 43-11-47; amended 123 Code Section 43-11-70.1; amended 450 Code Section 43-13-2; amended 123 Code Section 43-13-6; amended 453 Code Section 43-13-9; amended 1402 Code Section 43-14-2; amended 1339 Code Section 43-14-2; amended 733 Code Section 43-14-2; amended 123 Code Section 43-14-3; amended 1339 Code Section 43-14-4; amended 1339 Code Section 43-14-5; amended 1339 Code Section 43-14-6; amended 1339 Code Section 43-14-8; amended 123 Code Section 43-14-8.1; amended 123 Code Section 43-14-8.2; amended 123 Code Section 43-14-8.2; amended 1339 Code Section 43-14-8.3; amended 1339 Code Section 43-14-8.4; enacted 1339 Code Section 43-14-9; amended 1339 Code Section 43-14-12; amended 1339 Code Section 43-14-13; repealed 1339 Code Section 43-14-14; repealed 1339 Code Section 43-14-15; amended 1339 Code Section 43-14-16; repealed 1339 Code Section 43-14-17; amended 1339 Code Section 43-15-23; amended 123 Code Section 43-15-23.1; amended 123 Code Section 43-17-2; amended 123 Code Section 43-17-3; amended 123 Code Section 43-17-5; amended 123 Code Section 43-17-7; amended 123 Code Section 43-17-9; amended 319 Code Section 43-17-13; amended 123 Code Section 43-18-55; enacted Vetoed HB 223 Code Section 43-18-56; enacted Vetoed HB 223 Code Section 43-18-92; amended 123 Code Section 43-19-25; amended 123 Code Section 43-20-9; amended 452 Code Section 43-23-2; amended 1023 Code Section 43-23-7; amended 1023 Code Section 43-23-7.1; enacted 1023 Code Section 43-23-12; amended 123 Code Section 43-23-14; amended 123 Code Section 43-23-14; amended 1023 Code Section 43-23-17; amended 1023 Code Section 43-25-2; amended 725 Code Section 43-25-3; amended 725 Code Section 43-25-4; amended 725 Code Section 43-25-5; amended 725 Code Section 43-25-6; amended 725 Code Section 43-25-7; amended 725

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Code Section 43-26-32; amended 471 Code Section 43-26-36; amended 471 Code Section 43-26-37; amended 471 Code Section 43-26-38; amended 471 Code Section 43-26-39; amended 471 Code Section 43-26-43; repealed 91 Code Section 43-28-8; amended 1042 Code Section 43-28-9; amended 1042 Code Section 43-28-15; amended 1042 Code Section 43-33-11; amended 91 Code Section 43-33-18; amended 91 Code Section 43-34-1; repealed 349 Code Section 43-34-26; amended 355 Code Section 43-34-26.1; amended 91 Code Section 43-34-27; amended 91 Code Section 43-34-37; amended 91 Code Section 43-34-142; amended 1497 Code Section 43-34-143; amended 1497 Code Section 43-34-144; amended 1497 Code Section 43-34-145; amended 1497 Code Section 43-34-147.1; enacted 1497 Code Section 43-34-147.2; enacted 1497 Code Section 43-34-150; amended 1497 Code Section 43-38-6; amended 123 Code Section 43-38-7.1; amended 123 Code Section 43-38-14.1; amended 123 Code Section 43-38-15; amended 123 Code Section 43-39-1; amended 355 Code Section 43-39-7; amended 418 Code Section 43-39-7; amended 355 Code Section 43-39-17; amended 355 Code Section 43-39-19; amended 355 Code Section 43-39A-19; amended 123 Code Section 43-39A-24; amended 123 Code Section 43-40-1; amended 123 Code Section 43-40-7; amended 123 Code Section 43-40-9; amended 123 Code Section 43-40-10; amended 123 Code Section 43-40-12; amended 123 Code Section 43-40-15; amended 123 Code Section 43-40-18; amended 123 Code Section 43-40-18; amended 1292 Code Section 43-40-19; amended 123 Code Section 43-40-22; amended 123 Code Section 43-40-23; amended 1292 Code Section 43-40-25; amended 123 Code Section 43-40-25; amended 376 Code Section 43-44-3; amended 1510 Code Section 43-44-7; amended 1510 Code Section 43-44-8; amended 1510 Code Section 43-45-15; amended 1292

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Code Section 43-46-4; amended 787 Code Section 43-47-2; amended 123 Code Section 43-48-2; amended 123 Code Section 43-48-8; amended 123 Code Section 43-48-9; amended 123 Code Section 43-50-3; amended 123 Code Section 43-50-32; amended 700 Code Section 43-51-6; amended 305 Code Section 44-2-191; amended 1402 Code Section 44-2-192; amended 1402 Code Section 44-2-193; amended 1402 Code Section 44-2-194; amended 1402 Code Section 44-2-195; amended 1402 Code Section 44-5-60; amended 782 Code Section 44-5-149; amended 91 Code Section 44-5-151; amended 91 Code Section 44-10-3; amended 91 Code Section 44-10-3; amended 794 Code Section 44-10-21; amended 91 Code Section 44-10-25; amended 91 Code Section 44-12-231; amended 1813 Code Section 44-12-260; amended 91 Code Title 44, Chapter 12, Article 7, Part 3; enacted 1813 Code Section 44-12-300; enacted 1813 Code Section 44-14-361.5; enacted 1008 Code Section 44-14-491; amended 1044 Code Section 44-14-573; amended 361 Code Title 44, Chapter 14, Article 8, Part 15; enacted 1490 Code Sections 44-14-600 thru 44-14-605; enacted 1490 Code Section 45-1-4; enacted 563 Code Section 45-2-1; amended 1279 Code Section 45-7-21; amended 809 Code Section 45-7-110; amended 91 Code Section 45-8-1; amended 1402 Code Section 45-8-13; amended 929 Code Section 45-9-4; amended 416 Code Section 45-9-84.1; amended 1402 Code Section 45-9-84.2; amended 1402 Code Section 45-9-84.3; amended 1402 Code Section 45-9-85; amended 1402 Code Section 45-12-71; amended 1914 Code Section 45-12-72; amended 1402 Code Section 45-12-72; amended 1399 Code Section 45-12-73; amended 1914 Code Section 45-12-75; amended 1914 Code Section 45-12-75.1; enacted 1914 Code Section 45-12-78; amended 1402 Code Section 45-12-78; amended 1914 Code Section 45-12-80; amended 1914 Code Section 45-12-82; amended 1402 Code Section 45-12-82; amended 1914

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Code Section 45-12-84; amended 1914 Code Section 45-12-85; amended 1914 Code Section 45-12-86; amended 1402 Code Section 45-12-86; amended 1914 Code Section 45-12-88; amended 1914 Code Section 45-12-95; enacted 1914 Code Section 45-12-175; amended 1914 Code Section 45-12-177; amended 1914 Code Section 45-12-178; amended 1914 Code Section 45-12-203; amended 1399 Code Section 45-12-205; amended 1399 Code Title 45, Chapter 13, Article 3A; enacted 1087 Code Sections 45-13-55 thru 45-13-56; enacted 1087 Code Section 45-14-20; amended 1402 Code Section 45-14-23; amended 1402 Code Section 45-16-6; amended Vetoed HB 223 Code Section 45-16-66; amended Vetoed HB 223 Code Section 45-16-80; amended 91 Code Section 45-18-6; amended 91 Code Section 45-18-13; amended 1402 Code Section 45-18-80; amended 91 Code Section 45-20-2; amended 1399 Code Section 45-20-2; amended 510 Code Section 45-20-2; amended 791 Code Section 45-20-16; amended 721 Code Section 46-1-1; amended 579 Code Section 46-5-122; amended 1368 Code Section 46-5-134; amended 1368 Code Section 46-5-138; enacted 1368 Code Section 46-8-123; amended 1402 Code Section 47-1-5; amended 1402 Code Section 47-1-31; enacted 1690 Code Section 47-2-2; amended 86 Code Section 47-2-21; amended 1690 Code Section 47-2-21; amended 1402 Code Section 47-2-91; amended 86 Code Section 47-2-97; amended 86 Code Section 47-2-111; enacted 1372 Code Section 47-2-128; amended 86 Code Section 47-2-260; amended 1402 Code Section 47-2-262; amended 1402 Code Section 47-2-266; amended 1402 Code Section 47-2-290; amended 1402 Code Section 47-2-332; amended 86 Code Section 47-2-334; amended 86 Code Section 47-3-1; amended 86 Code Section 47-3-1; amended 316 Code Section 47-3-21; amended 1402 Code Section 47-3-21; amended 1690 Code Section 47-3-29; enacted 432 Code Section 47-3-43; amended 86

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Code Section 47-3-60; amended 1690 Code Section 47-3-65; amended 86 Code Section 47-3-66; amended 1402 Code Section 47-3-66; amended 86 Code Section 47-3-67; amended 1402 Code Section 47-3-120; amended 86 Code Section 47-3-121; amended 86 Code Section 47-3-122; amended 86 Code Section 47-3-128; amended 732 Code Section 47-4-40; amended 86 Code Section 47-4-60; amended 1402 Code Section 47-4-80; amended 86 Code Section 47-4-104; amended 86 Code Section 47-6-70.1; amended 86 Code Section 47-7-27; enacted 1047 Code Section 47-7-40; amended 476 Code Section 47-7-41; amended 476 Code Section 47-7-60; amended 476 Code Section 47-7-83; amended 476 Code Section 47-7-100; amended 86 Code Section 47-7-101; amended 476 Code Section 47-7-102; amended 476 Code Section 47-7-104; amended 86 Code Section 47-7-123; amended 86 Code Section 47-8-2; amended 1402 Code Section 47-8-41; amended 86 Code Section 47-8-43; amended 86 Code Section 47-8-67; amended 1402 Code Section 47-9-20; amended 1402 Code Section 47-9-26; amended 1402 Code Section 47-9-41.1; amended 86 Code Section 47-9-74; amended 1402 Code Section 47-10-27; amended 1402 Code Section 47-10-28; enacted 803 Code Section 47-10-40; amended 1402 Code Section 47-10-62; amended 1402 Code Section 47-10-63; amended 1402 Code Section 47-11-22; amended 801 Code Section 47-11-71.1; amended 86 Code Section 47-12-21; amended 1402 Code Section 47-12-41; amended 1402 Code Section 47-12-43; amended 1402 Code Section 47-12-43; amended 86 Code Section 47-12-44; amended 1402 Code Section 47-12-64; amended 86 Code Section 47-13-20; amended 1402 Code Section 47-13-29; enacted 800 Code Section 47-13-72; amended 86 Code Section 47-16-21; amended 1402 Code Section 47-16-29; enacted 608 Code Section 47-16-101; amended 608

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Code Section 47-17-26; enacted 607 Code Section 47-17-40; amended 1000 Code Section 47-17-42; amended 86 Code Section 47-17-81; amended 1000 Code Section 47-18-40; amended 1402 Code Section 47-18-41; amended 1402 Code Section 47-18-43; amended 1402 Code Section 47-18-44; amended 1402 Code Section 47-19-1; amended 1402 Code Section 47-20-10; amended 86 Code Section 47-20-21; amended 1402 Code Section 48-1-2; amended 1402 Code Section 48-1-2; amended 728 Code Section 48-1-8; enacted 1647 Code Section 48-1-8; enacted 294 Code Section 48-2-17; amended 1402 Code Section 48-2-32; amended 91 Code Section 48-2-45; amended 961 Code Section 48-2-46; amended 961 Code Section 48-2-55; amended 961 Code Section 48-2-56; amended 768 Code Section 48-2-58; amended 961 Code Section 48-2-82; amended 1402 Code Section 48-3-19; amended 1777 Code Section 48-5-7.4; amended 947 Code Section 48-5-32; amended 947 Code Section 48-5-32.1; repealed 947 Code Section 48-5-54; amended 1777 Code Section 48-5-103; amended 577 Code Section 48-5-131; amended 1402 Code Section 48-5-183; amended Vetoed HB 206 Code Section 48-5-269; amended 947 Code Section 48-5-274; amended 699 Code Section 48-5-292; amended 603 Code Section 48-5-299.1; enacted 577 Code Section 48-5-304; amended 1402 Code Section 48-5-311; amended 435 Code Section 48-5-311; amended 1777 Code Section 48-5-330; amended 1402 Code Section 48-5-346; amended 1402 Code Section 48-5-354; amended 1292 Code Section 48-5-440; amended 1012 Code Section 48-5-440; amended 1678 Code Section 48-5-442; amended 1678 Code Section 48-5-444; amended 303 Code Section 48-5-473; amended 1678 Code Title 48, Chapter 5, Article 10, Part 4; amended 1012 Code Sections 48-5-500 thru 48-5-501; amended 1012 Code Section 48-6-21; amended 1647 Code Section 48-7-21; amended 1649 Code Section 48-7-40.1; enacted 1649

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Code Section 48-7-86; amended 1649 Code Section 48-7-100; amended 597 Code Section 48-7-112; amended 1402 Code Section 48-7-128; enacted 768 Code Section 48-7-128; enacted 597 Code Section 48-8-50; amended 995 Code Section 48-9-2; amended 1502 Code Section 48-9-3; amended 811 Code Section 48-9-3; amended 1502 Code Section 48-9-9; amended 1502 Code Section 48-9-10; amended 1402 Code Section 48-9-14; amended 995 Code Section 48-9-17; amended 1502 Code Section 48-9-36; amended 1402 Code Section 48-11-4; amended 343 Code Section 48-11-9; amended 1402 Code Section 48-11-14; amended 1292 Code Section 48-11-15; amended 1402 Code Section 48-11-16; amended 1402 Code Section 48-13-5; amended 1292 Code Section 48-13-6; amended 1292 Code Section 48-13-7; amended 1292 Code Section 48-13-8; amended 1292 Code Section 48-13-9; amended 1292 Code Section 48-13-10; amended 1292 Code Section 48-13-10.1; repealed 1292 Code Section 48-13-11; amended 1292 Code Section 48-13-12; amended 1292 Code Section 48-13-13; amended 1292 Code Section 48-13-14; amended 1292 Code Section 48-13-15; amended 1292 Code Section 48-13-16; amended 1292 Code Section 48-13-17; amended 1292 Code Section 48-13-18; enacted 1292 Code Section 48-13-19; enacted 1292 Code Section 48-13-20; enacted 1292 Code Section 48-13-21; enacted 1292 Code Section 48-13-22; enacted 1292 Code Section 48-13-23; enacted 1292 Code Section 48-13-24; enacted 1292 Code Section 48-13-25; enacted 1292 Code Section 48-13-26; enacted 1292 Code Section 48-13-31; amended 1402 Code Section 48-13-51; amended 995 Code Section 48-13-51; amended 442 Code Section 48-14-3; amended 1402 Code Section 48-14-4; enacted 1071 Code Section 48-16-1; amended 91 Code Title 48, Chapter 16, Article 1; amended Vetoed SB 139 Code Sections 48-16-1 thru 48-16-12; amended Vetoed SB 139 Code Section 48-16-12; amended 91

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Code Title 48, Chapter 16, Article 2; enacted Vetoed SB 139 Code Sections 48-16-30 thru 48-16-40; enacted Vetoed SB 139 Code Section 49-4-111; enacted 1969 Code Section 49-4-112; enacted 1969 Code Section 49-4-113; enacted 1969 Code Section 49-4-114; enacted 1969 Code Section 49-4-115; enacted 1969 Code Section 49-4-153; amended 1290 Code Section 49-4A-8; amended 313 Code Section 49-5-7; amended 91 Code Section 49-5-8; amended 1969 Code Section 49-5-40; amended 1712 Code Section 49-5-41; amended 1712 Code Section 49-5-41; amended 979 Code Section 49-5-60; amended 757 Code Section 49-5-69.1; enacted 757 Code Section 49-5-71; amended 757 Code Section 49-5-241; amended 1063 Code Section 49-9-6; amended 1402 Code Section 49-9-15; amended 1402 Code Section 50-1-4; enacted 1817 Code Section 50-3-69; enacted 934 Code Section 50-5-2; repealed 1402 Code Section 50-5-3; repealed 1402 Code Section 50-5-4; repealed 1402 Code Section 50-5-5; repealed 1402 Code Section 50-5-6; repealed 1402 Code Section 50-5-7; repealed 1402 Code Section 50-5-8; repealed 1402 Code Section 50-5-9; repealed 1402 Code Section 50-5-16; amended 1402 Code Section 50-5-60.2; amended 531 Code Section 50-5-60.3; enacted 531 Code Section 50-5-60.4; enacted 531 Code Section 50-5-60.5; enacted 531 Code Section 50-5-74; repealed 1736 Code Title 50, Chapter 5, Article 3, Part 5; enacted 1736 Code Sections 50-5-135 thru 50-5-138; enacted 1736 Code Title 50, Chapter 5A; enacted 1402 Code Sections 50-5A-1 thru 50-5A-10; enacted 1402 Code Section 50-7-41; amended 1402 Code Section 50-8-8; amended 1402 Code Section 50-8-31; amended 1374 Code Section 50-8-34; amended 1374 Code Section 50-8-34.1; enacted 1374 Code Section 50-8-35; amended 1374 Code Section 50-8-60; amended 1374 Code Section 50-8-61; amended 1374 Code Section 50-8-67; amended 1374 Code Title 50, Chapter 9, Article 5; enacted 1398 Code Sections 50-9-100 thru 50-9-101; enacted 1398

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Code Section 50-12-60; amended 1731 Code Section 50-13-4; amended 1817 Code Section 50-14-1; amended 784 Code Section 50-16-5.1; enacted 1541 Code Section 50-16-32; amended 1402 Code Section 50-16-42; amended 396 Code Section 50-17-21; amended 1402 Code Section 50-17-23; amended 1402 Code Section 50-17-50; amended 1402 Code Section 50-17-59; amended 929 Code Section 50-17-62; amended 1402 Code Section 50-17-63; amended 1402 Code Title 50, Chapter 18, Article 1; enacted 1394 Code Section 50-18-1; enacted 1394 Code Section 50-18-70; amended 1394 Code Section 50-18-70; amended 1436 Code Section 50-18-72; amended 1336 Code Section 50-18-72; amended 1669 Code Section 50-18-72; amended 968 Code Section 50-23-20; amended 1402 Code Section 50-26-2; amended 738 Code Section 50-26-4; amended 738 Code Section 50-26-8; amended 738 Code Section 50-26-9; amended 738 Code Section 50-26-10; amended 738 Code Section 50-26-18; amended 738 Code Section 50-26-19; enacted 738 Code Section 50-26-20; enacted 738 Code Section 50-26-21; enacted 738 Code Section 50-27-13; amended 1402 Code Section 50-27-24; amended 1037 Code Title 50, Chapter 27, Article 2; enacted 1037 Code Sections 50-27-50 thru 50-27-55; enacted 1037 Code Section 51-1-43; enacted 1051 Code Section 51-1-43; enacted 1278 Code Section 51-1-43; enacted 719 Code Section 51-4-2; amended 1055 Code Section 51-12-5.1; amended 1402 Code Section 52-1-3; amended 91 Code Section 52-1-32; amended 91 Code Section 52-2-9; amended 1402 Code Section 52-2-14; amended 1402 Code Section 52-7-5; amended 351 Code Section 52-7-8.1; amended 459 Code Section 52-7-13; amended 790 Code Section 52-7-13; amended 351 Code Section 52-7-20; amended 351 Code Section 53-2-115; amended 1057 Code Section 53-3-6; amended 1081 Code Section 53-5-1.1; enacted 1054

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COURTS SUPREME COURT OF GEORGIA Terms of court; disposition of cases 360 SUPERIOR COURTS Actions to set aside reprisals against public employees who report fraud, waste, or abuse 563 Alternative dispute resolution programs; creation and funding; practices and procedures 1529 Augusta Judicial Circuit; judges; salary supplement; Burke County 4870 Augusta Judicial Circuit; judges; salary supplement; Burke County 4723 Augusta Judicial Circuit; judges; salary supplement; Columbia County 4457 Augusta Judicial Circuit; judges; salary supplement; Richmond County 4872 Augusta Judicial Circuit; judges; salary supplement; Richmond County 4587 Bailiffs; selection 1389 Barrow County; terms of court 805 Brantley County; sheriff; chief magistrate; compensation 4857 Brunswick Judicial Circuit; judges; district attorney; salary supplement; Appling County 4600 Brunswick Judicial Circuit; judges; district attorney; salary supplement; Jeff Davis County 4604 Brunswick Judicial Circuit; judges; district attorney; salary supplement; Wayne County 4568 Catoosa County; clerk; clerical help 4574 Chatham County; clerk; compensation 5337 Clarke County; district attorney; staff 4203 Clay County; chief magistrate as deputy clerk of the superior court 4573 Clayton County; sheriff; compensation Vetoed SB 182 Clayton Judicial Circuit; court reporters; compensation; Clayton County Vetoed SB 184 Clayton Judicial Circuit; district attorney; salary supplement; Clayton County Vetoed SB 181 Clayton Judicial Circuit; judges; salary supplement Vetoed SB 179 Clerks; deposit of funds held; interest-bearing accounts 982 Clerks; minimum annual salaries Vetoed HB 206 Clerks; priorities of distribution of fines, forfeitures, and surcharges 374 Columbia County; clerk; compensation 4582 Columbus, Georgia; clerk; sheriff; salary supplements 4849 Columbus, Georgia; sheriff; compensation 4851 Dougherty County; state court; assistant district attorneys 4416 Eastern Judicial Circuit; judges; salary supplement; Chatham County 4566 Echols County; clerk; clerical help; fees 3754 Financing statements; filing; Georgia Superior Court Clerks' Cooperative Authority; central indexing system 1550 Georgia Superior Court Clerks' Cooperative Authority; creation; membership, powers, and jurisdiction 1544 Haralson County; clerk; sheriff; compensation 5138

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Jackson County; terms of court 805 Judges; recusal upon conflict of interest; local government representation 981 McIntosh County; terms of court 447 Muscogee County; sheriff; clerk; compensation 4849 Muscogee County; sheriff; compensation 4851 Oconee Judicial Circuit; judges; salary supplement 5092 Rockdale Judicial Circuit; judges; salary supplement 4459 Sentence review panel 705 Western Judicial Circuit; district attorney; staff 4203 Wilkinson County; clerk; compensation; benefits; personnel 4552 Wilkinson County; sheriff; compensation; personnel; powers 4874 STATE COURTS Alternative dispute resolution programs; creation and funding; practices and procedures 1529 Bibb County; assistant solicitors 4248 Brooks County; state court; creation 5124 Chatham County; judges; compensation 4314 Clerks; service as clerk of magistrate court; compensation 1061 Columbus, Georgia; judges; solicitor; salary supplements 4849 Decatur County; solicitor; compensation 4316 Dougherty County; judge; compensation; solicitor; assistant district attorneys 4416 Effingham County; judge; salary 4269 Glynn County; solicitor; compensation; terms 4426 Gwinnett County; additional judge 4708 Judges; recusal upon conflict of interest; local government representation 981 McIntosh County; state court; creation 4543 Sumter County; January term 4196 Ware County; judge; compensation 4284 Wayne County; judge; solicitor; compensation 4328 Worth County; solicitor; compensation 4589 JUVENILE COURTS Athens-Clarke County; intake and probation services; transfer; Department of Children and Youth Services 4918 Authority to apprehend unruly and delinquent children; Department of Children and Youth Services 966 Certain school officials; access to juvenile court records and child abuse records 979 Custody and detention of children; probation officers 438 Judges; recusal upon conflict of interest; local government representation 981 Mediation services; fees 931 Proceedings; disposition orders and temporary transfers of custody; evidence of family violence 1716

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PROBATE COURTS Alternative dispute resolution programs; creation and funding; practices and procedures 1529 Baldwin County; judge; compensation 4465 Catoosa County; judge; compensation; clerical help 4574 Chatham County; clerk; minimum salary 5340 Clayton County; judge; compensation 4439 Columbia County; judge; compensation 4582 Haralson County; judge; compensation 5138 Judges; minimum annual salaries Vetoed HB 206 Judges; recusal upon conflict of interest; local government representation 981 Randolph County; magistrate court; chief magistrate; election; judge of the probate court 4929 Spalding County; judge; compensation; passport fees 4860 Warren County; clerical help; compensation 4288 Wilkinson County; judge; compensation; personnel 4922 MAGISTRATE COURTS Alternative dispute resolution programs; creation and funding; practices and procedures 1529 Baldwin County; chief magistrate; election; vacancies 4473 Brantley County; sheriff; chief magistrate; compensation 4857 Chatham County; chief magistrate and magistrates; minimum salaries 5340 Civil proceedings; procedures and practices 974 Clay County; superior court; chief magistrate as deputy clerk 4573 Clayton County; chief magistrate; election; terms; vacancies 4501 Dougherty County; chief magistrate; magistrates; selection; compensation; vacancies; clerk; personnel 4406 Fines; county and authority ordinances 910 Gwinnett County; chief magistrate; compensation 4591 Gwinnett County; law library fees 4614 Jefferson County; chief magistrate; compensation 4834 Judges; recusal upon conflict of interest; local government representation 981 Randolph County; chief magistrate; election; judge of the probate court 4929 Senior Magistrate; created; Council of magistrate Court Judges; composition 910 State court clerks; service as clerks; compensation 1061 Whitfield County; nonpartisan elections 4435 Wilkinson County; chief magistrate, magistrates, and clerk; compensation 4922 MUNICIPAL COURTS Albany; judge 5496 Atlanta; municipal court; penalties; victims and witnesses assistance programs 4637 Austell; bail bond and fine schedule 5488 Austell; penalties 5492 Columbus, Georgia; judges; clerk; marshal; salary supplements 4849 Edison; penalties 5445 Euharlee; penalties 4953

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Forsyth; powers; jurisdiction 4780 Greensboro; penalties 4273 Judges; recusal upon conflict of interest; local government representation 981 Nelson; penalties; certiorari 5181 OTHER COURTS Chatham County; recorder's court; chief judge 4326 DeKalb County; recorder's court; fines 4333 Gwinnett County; recorder's court; clerk; compensation 4612 Judges; recusal upon conflict of interest; local government representation 981 Traffic courts in certain cities; additional fee for fines and bail; distribution to victims and witnesses assistance programs 292 NAMED COUNTIES Appling County; Brunswick Judicial Circuit; judges; district attorney; salary supplement 4600 Atkinson County; board of education; elections; school superintendent 4771 Baker County; board of education; compensation 4853 Baldwin County; board of commissioners; districts 4815 Baldwin County; board of education; districts 4737 Baldwin County; board of education; easement over state property 1191 Baldwin County; magistrate court; chief magistrate; election; vacancies 4473 Baldwin County; probate court; judge; compensation 4465 Baldwin County; regional development center 1170 Barrow County; superior court; terms of court 805 Bartow County; board of elections and registration; creation 5309 Bibb County; board of education; school taxes; budgets; compensation; referendum 4866 Bibb County; exchange of county property for state property 1163 Bibb County; state court; assistant solicitors 4248 Bleckley County; superior court; judges; salary supplement 5092 Brantley County; sheriff; chief magistrate; compensation 4857 Brooks County; state court; creation 5124 Bryan County; Coastal Area Games Authority 5066 Bulloch County; board of commissioners; composition; election; districts; chairperson; meetings 5411 Bulloch County; board of education; conveyance of state property 1145 Bulloch County; board of education; election; school superintendent 5100 Bulloch County; code of ordinances; adoption; penalty 5408 Burke County; Augusta Judicial Circuit; judges; salary supplements 4723 Burke County; Augusta Judicial Circuit; judges; salary supplements 4870 Burke County; coroner; compensation 4226 Butts County; advisory referendum on type of government 4470 Butts County; board of commissioners; conveyance of state property; resolution repealed 1173 Camden County; board of commissioners; districts 3966 Camden County; board of education; districts; elections; school superintendent 3945 Camden County; Coastal Area Games Authority 5066

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Candler County; board of education; elections; school superintendent 3529 Candler County; Metter-Candler County Charter Commission; creation 4386 Catoosa County; board of commissioners; county manager; clerical assistants 5190 Catoosa County; board of education; elections; school superintendent 4258 Catoosa County; board of utilities commissioners; compensation 4955 Catoosa County; probate court; judge; compensation; clerical help; superior court; clerk; clerical help 4574 Catoosa County; tax commissioner; clerical help 4413 Chatham County; Coastal Area Games Authority 5066 Chatham County; easements across state property 1126 Chatham County; probate coiurt; clerk; magistrate court; chief magistrate and magistrates; minimum salaries 5340 Chatham County; recorder's court; chief judge 4326 Chatham County; Savannah-Chatham County Anti-Drug Commission; dissolved 4610 Chatham County; state court; judges; compensation 4314 Chatham County; superior court; clerk; compensation 5337 Chatham County; superior court; judges; salary supplement 4566 Cherokee County; transfer to the Atlanta Regional Commission from the North Georgia Regional Development Center ratified 1177 Clarke County; Athens-Clarke County; board of elections and registration; created 4631 Clarke County; Athens-Clarke County; commission; districts 3501 Clarke County; board of education; districts; elections; officers; meetings 3514 Clarke County; district attorney; staff 4203 Clarke County; intake and probation services; transfer 4918 Clay County; board of commissioners; districts 3584 Clay County; board of education; election; school superintendent 3576 Clay County; superior court; chief magistrate as deputy clerk 4573 Clayton County; board of commissioners; chairman; compensation Vetoed SB 178 Clayton County; board of commissioners; districts 4335 Clayton County; board of commissioners; funds for advertising and promoting county 5419 Clayton County; board of commissioners; vice-chairman 5433 Clayton County; board of education; districts 4341 Clayton County; Clayton County Commission on Children and Youth; annual report; abolition date 4312 Clayton County; county retirement and benefit system; elected officials and employees 4455 Clayton County; deputy tax commissioner; civil service benefits 4450 Clayton County; district attorney; salary supplement Vetoed SB 181 Clayton County; homestead exemption; county taxes; referendum 4452 Clayton County; magistrate court; chief magistrate; election; terms; vacancies 4501 Clayton County; probate court; judge; compensation 4439 Clayton County; purchasing and leasing 5389 Clayton County; school superintendent; appointment 4437 Clayton County; sheriff; compensation Vetoed SB 182 Clayton County; superior court; court reporters; compensation Vetoed SB 184 Clayton County; superior court; judges; salary supplement Vetoed SB 179 Clayton County Public Employee Retirement System 5345 Cobb County; board of commissioners; qualifying for other offices; vacancies 4616

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Cobb County; board of commissioners; vacancies upon qualification for another office 4468 Cobb County; board of elections and registration; members; residency 4549 Cobb County; civil service system; board; terms 4498 Cobb County; Cobb County Commission on Children and Youth; membership; abolition date 4461 Cobb County; Cobb County Stadium Authority; membership; terms 4492 Cobb County; easement authorized 1150 Cobb County; exchange of county property for state property 1163 Cobb County; homestead exemption; county taxes; referendum 4441 Cobb County; South Cobb Development Authority; membership; property; tax exemption 5143 Cobb Year 2000 Commission; membership 4619 Cobb-Marietta Coliseum and Exhibit Hall Authority; convention facility name 4286 Cobb-Marietta Coliseum and Exhibit Hall Authority; members; terms 4495 Colquitt County; board of commissioners; districts; terms 4064 Colquitt County; board of education; districts; terms 4073 Columbia County; Augusta Judicial Circuit; judges; salary supplement 4457 Columbia County; board of commissioners; districts; elections 3699 Columbia County; board of education; compensation 4564 Columbia County; board of education; districts; elections 3691 Columbia County; board of elections; creation 4180 Columbia County; board of elections; creation 3706 Columbia County; probate court; judge; tax commissioner; superior court; clerk; compensation 4582 Coweta County; board of education; districts 4007 Crawford County; board of commissioners; districts 4144 Crawford County; board of education; election; school superintendent 4136 Decatur County; state court; solicitor; compensation 4316 DeKalb County; ad valorem taxes; millage rate in certain municipalities 4198 DeKalb County; DeKalb Ad Valorem Tax Survey Commission; compensation; meetings; findings; abolition 4200 DeKalb County; Metropolitan Atlanta Rapid Transit Authority; operating costs; tax revenue 5251 DeKalb County; recorder's court; fines 4333 DeKalb County; Pension Board; investments; expenses 5425 DeKalb County Pension Board; refund and forfeiture of contributions and benefits 5382 Dodge County; Dodge County Hospital Authority; membership of board; operations 4608 Dodge County; superior court; judges; salary supplement 5092 Dooly County; board of commissioners; districts; terms; elections 5153 Dooly County; board of education; districts; terms; elections 5161 Dougherty County; board of commissioners; districts 4291 Dougherty County; board of education; districts 4749 Dougherty County; magistrate court; chief magistrate; magistrates; selection; compensation; vacancies; clerk; personnel 4406 Dougherty County; state court; judge; compensation; solicitor; assistant district attorneys 4416 Douglas County; board of education; districts 4966

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Douglas County; Douglasville-Douglas County Charter Commission; referendum on charter 4914 Early County; board of education; elections; school superintendent 3674 Echols County; superior court; clerk; clerical help; fees 3754 Effingham County; board of commissioners; compensation 4378 Effingham County; Coastal Area Games Authority 5066 Effingham County; state court; judge; salary 4269 Emanuel County; Emanuel County Development Authority; members 4324 Emanuel County; motor vehicle registration periods 4322 Evans County; board of commissioners; compensation 4561 Fayette County; board of commissioners; compensation 4920 Fayette County; board of education; compensation; expenses 4308 Floyd County; board of commissioners; residency requirement 4580 Fulton County; airport; commercial use 4520 Fulton County; board of commissioners; districts 5241 Fulton County; board of education; compensation 4578 Fulton County; Fulton County Recreation Study Commission; creation 1219 Fulton County; library system; real property; use by county pending disposal 4429 Fulton County; Metropolitan Atlanta Rapid Transit Authority; operating costs; tax revenue 5251 Glynn County; Coastal Area Games Authority 5066 Glynn County; state court; solicitor; compensation; terms 4426 Glynn County; State Forestry Commission facilities; conveyance 1145 Gordon County; homestead exemption; school district taxes; referendum 4827 Greene County; board of commissioners; districts 3812 Greene County; board of education; districts; terms 3820 Gwinnett County; board of education; compensation 5260 Gwinnett County; law library fees 4614 Gwinnett County; magistrate court; chief magistrate; compensation 4591 Gwinnett County; recorder's court; clerk; compensation 4612 Gwinnett County; state court; additional judge 4708 Hall County; board of commissioners; districts 3904 Hancock County; board of commissioners; reconstitution; districts; elections; terms; officers; compensation 4534 Hancock County; board of education; election; school superintendent 4524 Hancock County; regional development center 1170 Hancock County; sheriff; personnel; equipment 4649 Haralson County; county commissioner; sheriff; judge of the probate court; clerk of the superior court; treasurer; compensation 5138 Harris County; board of commissioners; districts 3552 Harris County; board of commissioners; districts; terms 3682 Harris County; board of education; elections; school superintendent 3538 Hart County; board of commissioners; elections; districts; compensation; budgets; audits; powers 4232 Hart County; board of education; elections; school superintendent 4215 Hart County; Hart County Water and Sewer Utility Authority; membership; secretary and treasurer 4228 Houston County; board of commissioners; meetings 4020 Houston County; Houston County Efficiency in Governmental Services Commission; creation 5336 Irwin County; board of education; elections; school superintendent 3757

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Jackson County; superior court; terms of court 805 Jasper County; board of commissioners; districts; elections 4641 Jasper County; board of education; election; school superintendent 4622 Jasper County; regional development center 1170 Jeff Davis County; board of commissioners; compensation 4602 Jeff Davis County; board of education; compensation; expenses 4606 Jeff Davis County; Brunswick Judicial Circuit; judges; district attorney; salary supplement 4604 Jefferson County; magistrate court; chief magistrate; compensation 4834 Johnson County; regional development center 1170 Lamar County; homestead exemption; county and school district taxes; referendums 5117 Lanier County; board of commissioners; compensation 4916 Laurens County; board of education; compensation; expenses 4408 Lee County; board of education; election; school superintendent 5130 Liberty County; board of commissioners; districts 4151 Liberty County; board of education; compensation 4195 Liberty County; board of education; districts; election; compensation 4162 Liberty County; board of elections; creation 4174 Liberty County; Coastal Area Games Authority 5066 Lincoln County; treasurer; office abolished 4745 Long County; Coastal Area Games Authority 5066 Long County; sheriff; deputies 4382 Marion County; board of commissioners; compensation 4282 Marion County; board of education; nonpartisan primaries and elections 4006 McIntosh County; Coastal Area Games Authority 5066 McIntosh County; state court; creation 4543 McIntosh County; superior court; terms of court 447 Meriwether County; board of commissioners; districts; terms 4805 Meriwether County; board of education; districts; terms 4795 Miller County; motor vehicle registration periods; Act repealed 4310 Mitchell County; board of commissioners; districts 3784 Mitchell County; board of education; districts; elections; vacancies; chairperson 3792 Monroe County; board of commissioners; districts; terms 3881 Monroe County; board of education; election; school superintendent 3857 Morgan County; board of commissioners; districts 3659 Morgan County; board of education; districts 3667 Muscogee County; board of education; election; terms; meetings; taxes 4784 Muscogee County; Columbus, Georgia; new charter for county-wide government 4978 Muscogee County; coroner; compensation 4847 Muscogee County; sheriff; clerk; compensation 4849 Muscogee County; sheriff; compensation 4851 Newton County; board of commissioners; districts; terms 4370 Newton County; board of education; districts; terms; elections 4361 Oglethorpe County; board of commissioners; vice-chairperson; quorum 4647 Paulding County; civil service system 5186 Pickens County; commissioner; authority 4720 Pike County Arts Facility Authority; creation 4836 Pulaski County; board of education; districts; elections 5175 Pulaski County; superior court; judges; salary supplement 5092 Putnam County; board of commissioners; mileage allowance 4410

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Putnam County; regional development center 1170 Quitman County; board of education; elections; school superintendent 3594 Quitman County; tax commissioner placed on an annual salary 4356 Rabun County; board of commissioners; supervisor of roads 4480 Randolph County; board of commissioners; districts 3588 Randolph County; board of education; elections; school superintendent 3568 Randolph County; magistrate court; chief magistrate; election; judge of the probate court 4929 Richmond County; Augusta Judicial Circuit; judges; salary supplement 4872 Richmond County; Augusta Judicial Circuit; judges; salary supplement 4587 Richmond County; Augusta-Richmond County Coliseum Authority 4087 Richmond County; board of tax assessors; membership; districts 4482 Richmond County; conveyance of state property to the board of commissioners 1200 Richmond County Employees' Pension Fund; surviving spouse's benefits 5438 Rockdale County; board of commissioners; personnel rules and regulations 5395 Rockdale County; homestead exemption; school district taxes 4570 Rockdale County; superior court; judges; salary supplement 4459 Schley County; Ellaville-Schley County Charter Commission; creation 5316 Spalding County; Griffin-Spalding County Board of Education; districts 5192 Spalding County; probate court; judge; compensation; passport fees 4860 Spalding County; Spalding County Water and Sewerage Facilities Authority; membership; terms 4863 Stephens County; board of registrations and elections; creation 4205 Sumter County; board of commissioners; districts; terms; qualifications 3831 Sumter County; state court; January term 4196 Talbot County; board of education; election; school superintendent 4710 Taliaferro County; board of education; elections; school superintendent 3643 Telfair County; superior court; judges; salary supplement 5092 Terrell County; board of commissioners; districts; elections; terms; purchases; bonds; oaths; vacancies 5147 Terrell County; board of commissioners; districts; terms; qualifications; vacancies 3614 Terrell County; board of education; elections; school superintendent 3620 Thomas County; board of commissioners; districts; compensation; expenses 4698 Toombs County; board of education; elections 4256 Towns County; board of education; election; school superintendent 3806 Treutlen County; board of education; compensation 4431 Troup County; board of education; elections; districts; qualifications; terms; compensation 3601 Troup County; homestead exemption; county taxes; referendum 5112 Turner County; board of commissioners; compensation 4595 Twiggs County; board of commissioners; districts; terms 3928 Twiggs County; board of education; districts; terms 3934 Upson County; Thomaston-Upson County Office Building Authority; powers 4831 Walton County; board of commissioners; membership; districts; elections; terms; compensation 5301 Ware County; state court; judge; compensation 4284 Warren County; board of education; election; school superintendent 3651 Warren County; probate court; clerical help; compensation 4288 Washington County; board of commissioners; districts; elections; terms; qualifications 5083 Washington County; board of education; election; school superintendent 4652

Page L

Washington County; regional development center 1170 Wayne County; homestead exemption; county and school district taxes; referendum Vetoed HB 745 Wayne County; state court; judge; solicitor; compensation 4328 Wayne County; superior court; judges; district attorney; salary supplement 4568 Webster County; board of education; election; school superintendent 5075 Wheeler County; superior court; judges; salary supplement 5092 Whitfield County; board of commissioners; term limits; chairman; compensation 4433 Whitfield County; magistrate court; nonpartisan elections 4435 Wilkes County; board of commissioners; districts; terms 3637 Wilkes County; board of education; districts; terms 3630 Wilkes County; board of education; terms 3827 Wilkes County; coroner; compensation 4331 Wilkinson County; board of commissioners; districts 3897 Wilkinson County; magistrate court; chief magistrate, magistrates, and clerk; compensation 4922 Wilkinson County; probate court; judge; compensation; personnel 4922 Wilkinson County; regional development center 1170 Wilkinson County; sheriff; compensation; personnel; powers 4874 Wilkinson County; superior court; clerk compensation; benefits; personnel 4552 Wilkinson County; tax commissioner; compensation; benefits; personnel; powers 4556 Worth County; state court; solicitor; compensation 4589 COUNTIES AND COUNTY MATTERS BY POPULATION 40,000 - 40,700, counties of; board of elections repealed 4 100,000 or more, counties of; board of tax assessors members ineligible as property appraisal staff 603 300,000 or more, counties with city of; joint city-county board of tax assessors; repealed 290 550,000 or more, counties of; purchasing; factors for selecting lowest responsible bidder 588 550,000 or more, counties of; purchasing department; sealed bids; written bids; purchases without competition 288 COUNTY MATTERS-HOME RULE AMENDMENTS Bulloch County; board of commissioners; composition; election; districts; chairperson; meetings 5411 Bulloch County; code of ordinances; adoption; penalty 5408 Clayton County; board of commissioners; funds for advertising and promoting county 5419 Clayton County; board of commissioners; vice-chairman 5433 Clayton County; purchasing and leasing 5389 Clayton County Public Employee Retirement System 5345 DeKalb County Pension Board; investments; expenses 5425 DeKalb County Pension Board; refund and forfeiture of contributions and benefits 5382 Richmond County Employees' Pension Fund; surviving spouse's benefits 5438 Rockdale County; board of commissioners; personnel rules and regulations 5395

Page LI

NAMED CITIES Acworth; corporate limits 4245 Albany; municipal court; judge 5496 Albany; wards 5450 Alma; mayor and council; districts; elections; terms; qualifications; vacancies 4127 Americus; board of education; elections; school superintendent 3846 Americus; council; districts; terms; qualifications 3839 Athens-Clarke County; board of elections and registration; created 4631 Athens-Clarke County; commission; districts 3501 Athens-Clarke County; intake and probation services; transfer; Department of Children and Youth Services 4918 Atlanta; City of Atlanta Charter Review Commission; creation 5333 Atlanta; Metropolitan Atlanta Rapid Transit Authority; operating costs; tax revenue 5251 Atlanta; municipal court; penalties; victims and witnesses assistance programs; charter review commission; membership 4637 Augusta-Richmond County Coliseum Authority 4087 Austell; Austell Gas System; revenues 5483 Austell; homestead exemption; city taxes; applicability 4522 Austell; mayor; council; departmental directors; responsibilities; administrative supervisor; veto 4503 Austell; mayor and council; residency requirements 4477 Austell; municipal court; bail bond and fine schedule 5488 Austell; municipal court; penalties 5492 Baconton; mayor and council; elections; terms 3746 Baconton; mayor and council; elections; terms; districts; vacancies 4059 Barnesville; director of utilities and public works; city administrator; council; wards 4957 Blackshear; new charter 4091 Calhoun; homestead exemption; school district taxes; referendum 4823 Calhoun; Winner's Club of Calhoun, Inc.; appropriation 4965 Cartersville; conveyance of state property authorized 1185 Cedartown; Syble Brannan Parkway; designated 1102 Centralhatchee; mayor; powers 5447 Chamblee; mayor and council; powers; city manager; officials 4250 Chickamauga; board of education; elections 4082 Columbus, Georgia; clerk of superior court; sheriff; tax commissioner; coroner; state court judges and solicitor; municipal court officials; salary 4849 Columbus, Georgia; new charter for county-wide government 4978 Commerce; board of education; elections; school superintendent 3714 Commerce; school superintendent 4384 Dalton; homestead exemption; city taxes; referendum 4187 Dalton; homestead exemption; school district taxes; referendum 4191 Dawson; elections; qualifying; notices of candidacy 5469 Decatur; city commissioner districts; board of education; elections 3737 Douglas; new charter 4022 Douglasville; Douglasville-Douglas County Charter Commission; referendum on charter 4914 Dublin; board of education; elections; school superintendent 3560 Dublin; board of education; powers; real estate; taxes 4970

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Dublin; election dates; mayor; council; board of education; terms 4584 Duluth; budgets; capital reserve fund 5475 Duluth; homestead exemptions; city taxes; referendums 4730 East Dublin; mayor pro tempore; election; term 4404 East Point; retirement plan; eligibility; participation 5460 Eastman; council; vacancies 3895 Edison; municipal court; penalties 5445 Ellaville-Schley County Charter Commission; creation 5316 Enigma; new charter 5205 Euharlee; municipal court; penalties 4953 Flovilla; new charter 4663 Forsyth; mayor; term limits; mayor and council; elections; terms; municipal court; powers; jurisdiction 4780 Gainesville; board of education; election; powers; school superintendent Vetoed HB 58 Gainesville; board of education; election; powers; wards; school superintendent 3981 Gay; ordinances, rules, and regulations; penalties 4490 Grantville; mayor and council; terms 4351 Grayson; mayor and council; elections; terms 4271 Greensboro; municipal court; penalties 4273 Griffin-Spalding County Board of Education; districts 5192 Hiawassee; new charter 5262 Homerville; easement over state property 1107 Jasper; corporate limits 4934 Jefferson; board of education; election; powers; officers; terms; compensation 3722 Jefferson; mayor and council; districts; terms; elections 3730 Kennesaw; corporate limits 4767 LaGrange; expenditures; education 4354 LaGrange; mayor and council; composition; districts; referendum 3909 LaGrange; mayor and council; elections; referendum 3941 LaGrange; mayor and council; powers; cable television 4318 Macon Pensions and Retirement System; disability 5499 Madison; mayor and council; elections; districts; terms; vacancies 3748 Manchester; ordinances; procedure 5471 Manchester; title to state property 1139 Marietta; board of education; elections 3778 Marietta; board of education; membership 3801 Marietta; board of education; taxation; bonded indebtedness; fiscal year 3803 Marietta; city treasurer; finance director 4855 Marietta; Cobb-Marietta Coliseum and Exhibit Hall Authority; convention facility name 4286 Marietta; Cobb-Marietta Coliseum and Exhibit Hall Authority; members; terms 4495 Marietta; wards 5478 Menlo; city elections; mayor and council; terms 4843 Metter; Metter-Candler County Charter Commission; creation 4386 Millen; corporate limits 4359 Monroe; mayor and council; elections; districts; terms 5168 Montezuma; conveyance of state property 1189 Moreland; mayor and council; terms; elections; special election 4213 Morrow; homestead exemption; city taxes; referendum 4446 Nelson; reincorporation; council; elections; meetings; ordinances; municipal court; penalties; certiorari 5181

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Newnan; mayor and council; cable television services; eminent domain; Board of Water, Sewerage, and Light Commissioners 4515 Norcross; corporate limits 4725 Norcross; municipal elections; terms 4727 Omaha; new charter 4879 Peachtree City; corporate limits 4380 Peachtree City; registration of electors 5465 Pooler; corporate limits 4931 Rebecca; mayor and council; elections; terms 4747 Savannah-Chatham County Anti-Drug Commission; dissolved 4610 Social Circle; board of education; election; school superintendent 3888 St. Marys; council; districts 3961 Stapleton; mayor and council; terms 4597 Statesboro; corporate limits; referendum 4418 Sugar Hill; corporate limits 4485 Sumner; new charter Vetoed HB 978 Sumner; new charter; referendum Vetoed HB 1124 Sycamore; mayor and council; elections; terms 4845 Thomaston-Upson County Office Building Authority; powers 4831 Tifton; city manager; outside work 3830 Tifton; commissioners; posts; elections 4275 Tifton; homestead exemption; city taxes; referendum 4278 Trion; board of education; election; school superintendent 4014 Twin City; corporate limits 4841 Tybee Island; easement over state property 1117 Villa Rica; corporate limits 4592 Warner Robins; council; elections; districts; terms; qualifications; meetings; vacancies; special election 3767 Watkinsville; mayor and council; terms; city election date 4718 Winder; state property; easement 1205 MUNICIPALITIES BY POPULATION 300,000 or more, cities of; traffic courts; addition to fines and bails; distribution to victims and witnesses assistance programs 292 MUNICIPALITIES-HOME RULE AMENDMENTS Albany; municipal court; judge 5496 Albany; wards 5450 Austell; Austell Gas System; revenues 5483 Austell; municipal court; bail bond and fine schedule 5488 Austell; municipal court; penalties 5492 Centralhatchee; mayor; powers 5447 Dawson; elections; qualifying; notices of candidacy 5469 Duluth; budgets; capital reserve fund 5475 East Point; retirement plan; eligibility; participation 5460 Edison; municipal court; penalties 5445 Macon Pensions and Retirement System; disability 5499 Manchester; ordinances; procedure 5471

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Marietta; wards 5478 Peachtree City; registration of electors 5465 RESOLUTIONS AUTHORIZING COMPENSATION Mr. Albert and Mrs. Della Mae Lampkin; compensation 1199 Mr. Ricky Lee Boynton; compensation 1178 Mrs. L. C. Poore; compensation 1198 Ms. Lorraine Strickland; compensation 1197 RESOLUTIONS AUTHORIZING LAND CONVEYANCES Baldwin County Board of Education; easement over state property 1191 Bibb County; exchange of county property for state property 1163 Bulloch County Board of Education; conveyance of state property 1145 Butts County; board of commissioners; conveyance of state property; resolution repealed 1173 Carter Center, Inc.; lease 1153 Cartersville; conveyance authorized 1185 Chatham County; easements 1126 Cobb County; easement authorized 1150 Cobb County; exchange of county property for state property 1163 Consolidated Atlanta Properties, Ltd. (CAPCO); termination of amendment to leases 513 Disposition of property in Americus, Lake City, and Savannah authorized 1097 Easements in Calhoun, Clinch, Fulton, and Hall counties to Georgia Power Company and the City of Homerville 1107 Georgia Power Company; easement in Carroll County 1132 Glynn County; State Forestry Commission facilities; conveyance 1145 James L. and Romona A. Waller; easement over state property 1181 Leon Samuels, Sr.; conveyance in Baldwin County 1185 Manchester; title to property 1139 Master City Little League, Inc.; lease 1200 Montezuma; conveyance of state property 1189 Municipal Electric Authority of Georgia; easement in Crisp County 1139 Planters Electric Membership Corporation; easement in Burke County 1122 Rhodes Memorial Hall; rental to The Georgia Trust For Historic Preservation, Inc. 1134 Richmond County; conveyance of state property to the board of commissioners 1200 Sale by competitive bid of property in Habersham County authorized 1212 Sale of state property in Hall County by competitive bid authorized 1210 Southern Bell Telephone and Telegraph Company; easement in Richmond County 1104 Tim McCollum d/b/a Currahee Paging; sublease 1208 Tybee Island; easement over state property 1117 Winder; easement 1205

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MISCELLANEOUS RESOLUTIONS Amtrak; resumption of service endorsed 1214 Bobby Jones Crosswalk; designated 1159 Capital Outlay for Education Task Force 1988 Chattahoochee Valley Trail Scenic Highway; designated 1161 Cherokee County; transfer to the Atlanta Regional Commission from the North Georgia Regional Development Center ratified 1177 City of Atlanta Charter Review Commission; creation 5333 Civil War Commission; created 1952 Dick Lane Bridge; designated 1221 Education Accountability and Evaluation Commission; creation 1988 Ellis Gibbs Arnall Tribute Commission; creation 1229 Floyd L. Norton Bridge; designated 1180 Fulton County Recreation Study Commission; creation 1219 Georgia Lead Poisoning Prevention Study Committee; creation 1225 Houston County Efficiency in Governmental Services Commission; creation 5336 Joint Commission on Legislative Information Management; creation 1216 Joint Regional Hospital Study Committee; creation 1172 Joint Study Commission on Revenue Structure; re-creation 1965 Joint Study Committee on Creation of a State Department, Commission, or Agency of the Deaf and Hard of Hearing; creation 1961 Judge W. A. Foster, Jr., Bridge; designated 1100 Lanette O'Neal Faulk Memorial Bridge; designated 1195 Lt. Harold Pinky Durham Medal of Honor Highway; designated 1221 Lucius D. Clay Memorial Parkway; designated 1137 Medal of Honor Highway for Freeman V. Horner; designated 1169 Oconee Regional Development Center; transfer of counties to Middle Georgia R.D.C. and Central Savannah River R.D.C. 1170 Older Worker Task Force; creation 1958 Phillip M. Landrum Memorial Highway; designated 1175 R. G. Daniell, Sr., Memorial Highway; designated 1161 Syble Brannan Parkway; designated 1102 Task Force on Educational Outcomes Based Flexibility; creation 1963 Veterans Memorial Highway; designated 1179 Walter L. Hardin Bridge; designated 1158 Wayne Garner Parkway; designated 1195

Page LVI

INDEX A ABLE-BODIED INDIVIDUALS Defined; Aid to Families with Dependent Children 1969 ACWORTH, CITY OF Corporate limits 4245 AD VALOREM TAXES Advertisement of intent to increase 947 Assessment; appeal; time 1777 Assessment; appeal; valuation used for tax bills and digest; interest 435 Board of tax assessors; designation to receive returns and homestead exemption applications 577 Bona fide conservation use property 947 Equalized adjusted school property tax digest; boards of arbitrators 699 Heavy-duty equipment owned by nonresidents 1012 Homestead exemptions; applications; designation of board of tax assessors for receipt 577 Interest on refunds and deficits when assessment appealed 435 Motor vehicles; return in county where homestaed exemption claimed 303 Publication of reports by local governments and school boards 947 Returns; designation of board of tax assessors for receipt 577 ADMINISTRATIVE LAW Administrative law judges; workers' compensation; service on state board for appeals; experience modification worksheets 1365 Public records disclosure; prior approval of presiding judge not required in proceeding relating to professional education certificate or personnel 1394 ADMINISTRATIVE PROCEDURE Hearing officers; licensing of health facilities; employed by Department of Administrative Services 1290 Proposed rule; synopsis 1817 ADOPTION Original action upon adoption by stepparent 456 ADVERTISING Ad valorem taxes; intent to increase 947 Landscape architects' name and license number to be included 1023 Size and type of disclaimer 701

Page LVII

AGENCY AND PRINCIPAL Brokerage Relationships in Real Estate Transactions Act; duties and responsibilities of real estate brokers 376 Formalities required to create an agency; written instruments deemed to imply authority 457 Grants of powers of attorney; written declarations 1052 Principals doing business in state; unfair or deceptive trade practices against elderly 1092 AGRICULTURE Agricultural or aquacultural food products or commodities; civil actions for disparagement 1795 Assistance to the United States Department of Agriculture; inspection, certification, and identification of agricultural products 327 Employees; commercial drivers' licenses; restricted licenses 797 Horticultural growing media; regulation; Commissioner of Agriculture; administration and enforcement 986 Prompt payment for produce; certificate of receipt; contents of 440 Tractors, farm equipment, heavy equipment, and motor vehicles; regulation of distribution 1585 AID TO FAMILIES WITH DEPENDENT CHILDREN Able-bodied individuals; defined; eligibility and benefits; employment assistance; family planning and parenting instruction 1969 AIR POLLUTION CONTROL FACILITIES Financing; Georgia Housing and Finance Authority 738 AIR STORAGE TANKS Boiler and Pressure Vessel Safety Act; exempted 434 ALBANY, CITY OF Municipal court; judge 5496 Wards 5450 ALBERT AND DELLA MAE LAMPKIN Compensation 1199 ALCOHOLIC BEVERAGES Code revision 91 Coliseum authorities; sale of alcoholic beverages on premises 325 Jails; prohibited items; penalty 630 Licensed retail dealers; advertise and promote lawful lotteries 1073

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Malt beverages; production by head of the household; limit 537 Possession, sale, or purchase of unstamped distilled spirits; payment of taxes 464 Refunds or credits for taxes paid; wine deliveries in certain vehicles 83 ALIMONY Cohabitation as grounds for revision 1091 ALMA, CITY OF Mayor and council; districts; elections; terms; qualifications; vacancies 4127 ALTERNATIVE DISPUTE RESOLUTION PROGRAMS Creation and funding; practices and procedures 1529 AMATEUR RADIO OPERATORS Free special license plate Vetoed HB 292 AMBULANCES Excluded from motor contract and common carrier definition 579 Services; licensing fee; deposit into Indigent Care Trust Fund 468 AMERICAN INDIAN TRIBES State recognition 1813 AMERICUS, CITY OF Board of education; elections; school superintendent 3846 Council; districts; terms; qualifications 3839 AMNESTY Property Tax Amnesty Program Act Vetoed SB 139 Tax Amnesty Program Act Vetoed SB 139 AMTRAK Resumption of service endorsed 1214 ANIMALS Code revision 91 Embryos; nonsurgical transfer exempt from veterinarians' licensing requirements 700 Liens of veterinarians and animal boarders; notice to owner; disposal of animal; liability of owner after disposal for treatment, care, or boarding 1044 Veterinarians; licensing; exemption for nonsurgical transfer of embryos 700

Page LIX

APPEAL AND ERROR Court reporters; extensive revision of provisions relating thereto 1315 Workers' compensation; administrative law judges; service on state board for appeals; experience modification worksheets 1365 APPLING COUNTY Brunswick Judicial Circuit; judges; district attorney; salary supplement 4600 APPROPRIATIONS Department of Labor; supplemental for state fiscal year 1992-1993 765 State fiscal year 1992-1993; amended supplemental appropriations 1909 State fiscal year 1993-1994 1819 Supplemental for state fiscal year 1992-1993 6 AQUACULTURAL PRODUCTS Civil actions for disparagement 1795 ARNALL, ELLIS GIBBS Ellis Gibbs Arnall Tribute Commission; creation 1229 ARREST County or city law enforcement officers; transporting arrested persons 710 Employees of Department of Children and Youth Services to apprehend escapees and those who have broken supervision conditions 313 ASSISTIVE TECHNOLOGY WARRANTY ACT Express warranties 1797 ASSUMPTION OF RISK Roller skating 719 ATHENS-CLARKE COUNTY Board of elections and registration; creation 4631 Commission; districts 3501 Intake and probation services; transfer; Department of Children and Youth Services 4918 ATHLETE Defined 776 Immunity for physicians treating student athletes without compensation 1278

Page LX

ATHLETE AGENTS Registration; temporary registration 776 ATKINSON COUNTY Board of education; election; school superintendent 4771 ATLANTA REGIONAL COMMISSION Cherokee County; transfer to the Atlanta Regional Commission from the North Georgia Regional Development Center ratified 1177 ATLANTA, CITY OF Charter review commission; membership 4637 City of Atlanta Charter Review Commission; creation 5333 Metropolitan Atlanta Rapid Transit Authority; operating costs; tax revenue 5251 Municipal court; penalties; victims and witnesses assistance programs; charter review commission; membership 4637 ATM'S Department of Banking and Finance; regulation of use 917 ATTORNEY GENERAL Access to child abuse reports 1712 Investigation of violation of election laws 1670 ATTORNEYS Agency and principal; grants of powers of attorney; written declarations 1052 Judges; recusal upon conflict of interest; local government representation 981 Written notice to claimants of payment of claims to attorneys in third-party settlements 1048 AUCTIONEERS AND AUCTIONS Apprentices; ethics; Georgia Auctioneers Commission; licensing; qualifications; reciprocity; revocation and suspension of licenses; inspector; exemptions; absolute auction and auction with reserve; defined 1030 AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY Licensing; exemption; provisional licenses; conditions and limitations 1510 AUGUSTA JUDICIAL CIRCUIT Judges; salary supplement; Burke County 4870 Judges; salary supplement; Burke County 4723

Page LXI

Judges; salary supplement; Columbia County 4457 Judges; salary supplement; Richmond County 4872 Judges; salary supplement; Richmond County 4587 AUGUSTA, CITY OF Augusta-Richmond County Coliseum Authority 4087 AUGUSTA-RICHMOND COUNTY COLISEUM AUTHORITY Membership; vice chairman; quorum; reports; general manager; term limits; minority business; conflicts of interest 4087 AUSTELL, CITY OF Austell Gas System; revenues 5483 Homestead exemption; city taxes; applicability 4522 Mayor and council; residency requirements 4477 Mayor; council; departmental directors; responsibilities; administrative supervisor; veto 4503 Municipal court; bail bond and fine schedule 5488 Municipal court; penalties 5492 AUTHORITIES Coliseum authorities; sale of alcoholic beverages on premises 325 Georgia Housing and Financing Authority; revision 738 Hospital Authorities Law; merger of authorities; practices and procedures; open records and meetings 1020 Hospital Financing Authority; assets and obligations transferred to Georgia Housing and Financing Authority 738 Housing Authorities Law; investment of funds; bonds 1067 State authorities; feasibility of private sector contractors; purchases 1781 Upper Savannah River Development Authority; membership; jurisdiction Vetoed SB 342 For local authorities see the names of the authorities AUTOMATED TELLER MACHINES Department of Banking and Finance; regulation of use 917 AVIATION Fulton County; airport; commercial use 4520 Local governments; levies on public accommodations; spending portion of proceeds for promotion of museums of aviation and aviation halls of fame 442

Page LXII

B BACONTON, CITY OF Mayor and council; elections; terms 3746 Mayor and council; elections; terms; districts; vacancies 4059 BAD CHECKS Damages paid within ten days; notice 465 BAKER COUNTY Board of education; compensation 4853 BALDWIN COUNTY Board of commissioners; districts 4815 Board of education; districts 4737 Board of education; easement over state property 1191 Magistrate court; chief magistrate; election; vacancies 4473 Probate court; judge; compensation 4465 Transfer to Middle Georgia Regional Development Center 1170 BANKING AND FINANCE Affiliate banks transfers of fiduciary capacities 915 Bad checks; damages paid within ten days; notice 465 Conflicting security interests on same collateral; priority; production loans 576 Department approval of articles of incorporation of special purpose bank 511 Department regulation of automated teller machines 917 Local school boards; business with financial institutions 1687 Mortgage lenders and brokers; licensing; fees; practices and procedures 543 Pledge of security interests to secure deposits of public funds; securities owned by depository bank 929 BARNESVILLE, CITY OF Director of utilities and public works; city administrator; council; wards 4957 BARROW COUNTY Superior court; terms of court 805 BARTOW COUNTY Board of elections and registration; creation 5309 BATTLEFIELDS Civil War Commission; creation 1952

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BEARS Constituting a threat 392 BEST EVIDENCE RULE Admissibility of certified documents transmitted by facsimile; reproduction of original copies 1078 BIBB COUNTY Board of education; school taxes; budgets; compensation; referendum 4866 Exchange of county property for state property 1163 State court; assistant solicitors 4248 BICYCLES Bicycle path; bicycle trailer; children as passengers; helmets; infant sling; rental 518 BIDDING Disclosure of public records; exemption for rejected or deferred bids to Department of Transportation 968 Factors for selecting lowest responsible bidder in certain counties 588 Sealed bids; written bids; purchases without competition; certain counties 288 BINGO Operation of recreational bingo games; licensing not required; definitions 535 BLACKSHEAR, CITY OF New charter 4091 BLECKLEY COUNTY Oconee Judicial Circuit; judges; salary supplement 5092 BOARD OF CORRECTIONS Approval of deputy wardens for county correctional institutions appointed by county governing authorities 417 See also PENAL INSTITUTIONS BOARD OF TAX ASSESSORS Appeals; valuation for tax bills and digest; interest 435 Designation to receive tax returns and homestead exemption applications 577 Joint city-county board in certain counties; repealed 290 Members ineligible as property appraisal staff; certain counties 603

Page LXIV

See also REVENUE AND TAXATION and AD VALOREM TAXES BOATS Boat docks; High Falls Lake; permits; State Properties Commission; licenses 396 Code revision 91 Marine toilets; restrictions on Lake Blue Ridge; federal law precedence 459 Registration decals; display 351 Restriction of power boats on Lake Tugalo repealed; no ski area on Chattahoochee River 351 Vessels with marine toilet, galley, or sleeping quarters prohibited on specified lakes 790 BOBBY JONES CROSSWALK Designated 1159 BOILER AND PRESSURE VESSEL SAFETY ACT Air storage tanks; exempted 434 BONA FIDE CONSERVATION USE PROPERTY Ad valorem taxes 947 BONDS Code revision 91 Defined; Georgia Housing and Finance Authority Act 738 Public works contractors 1003 BOOT CAMP See SPECIAL ALTERNATIVE INCARCERATION BOYNTON, MR. RICKY LEE Compensation 1178 BRANNAN, SYBLE Syble Brannan Parkway; designated 1102 BRANTLEY COUNTY Sheriff; chief magistrate; compensation 4857 BROOKS COUNTY State court; creation 5124

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BRUNSWICK JUDICIAL CIRCUIT Judges; district attorney; salary supplement; Appling County 4600 Judges; district attorney; salary supplement; Jeff Davis County 4604 Judges; district attorney; salary supplement; Wayne County 4568 BRYAN COUNTY Coastal Area Games Authority; creation 5066 BUDGET State fiscal year 1992-1993; amended; supplemental appropriations 6 State fiscal year 1992-1993; amended; supplemental appropriations 1909 State fiscal year 1992-1993; supplemental appropriations for Department of Labor 765 State fiscal year 1993-1994; appropriations 1819 BUDGET ACCOUNTABILITY AND PLANNING ACT OF 1993 Budgetary process revised; Budgetary Responsibility Oversight Committee created 1914 BUDGETARY RESPONSIBILITY OVERSIGHT COMMITTEE Created; Budget Accountability and Planning Act 1914 BUILDINGS AND HOUSING Code revision 91 Georgia Housing and Finance Authority Act; revised 738 Georgia Lead Poisoning Prevention Study Committee; creation 1225 Handicapped parking; penalties 707 Housing Authorities Law; investment of funds; bonds 1067 State Housing Trust Fund for the Homeless Commission; clarification of powers 311 BULL SLUICE LAKE Vessels with marine toilet, galley, or sleeping quarters prohibited 790 BULLOCH COUNTY Board of commissioners; composition; election; districts; chairperson; meetings 5411 Board of education; conveyance of state property 1145 Board of education; election; school superintendent 5100 Code of ordinances; adoption; penalty 5408

Page LXVI

BURKE COUNTY Augusta Judicial Circuit; judges; salary supplement 4723 Augusta Judicial Circuit; judges; salary supplement 4870 Coroner; compensation 4226 BUSINESS LICENSES Occupation taxes; local governments 1292 BUSINESSES Job tax credits; less-developed areas 1649 Licensing; application to include query regarding license revocation, suspension, denial, or nonrenewal 427 Occupation taxes; regulatory fees; local governments; comprehensive revision 1292 See also COMMERCE AND TRADE and CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS BUTTS COUNTY Advisory referendum on type of government 4470 Board of commissioners; conveyance of state property; resolution repealed 1173 C CALHOUN, CITY OF Homestead exemption; school district taxes; referendum 4823 Winner's Club of Calhoun, Inc.; appropriation 4965 CAMDEN COUNTY Board of commissioners; districts 3966 Board of education; districts; elections; school superintendent 3945 Coastal Area Games Authority; creation 5066 CAMPAIGN AND POLLING ACTIVITIES Restrictions 712 See also ELECTIONS CANCER Anti-cancer drug therapy; insurance coverage 539 CANDLER COUNTY Board of education; elections; school superintendent 3529 Metter-Candler County Charter Commission; creation 4386

Page LXVII

CAPITAL OUTLAY FOR EDUCATION TASK FORCE Creation 1988 CAPITOL Commission on the Preservation of the State Capitol; creation 1541 CARDIAC TECHNICIANS Repeal of certain recertification requirements 1082 CARNIVALS Occupation taxes; local governments 1292 CARROLL COUNTY Georgia Power Company; easement in Carroll County 1132 CARTER CENTER, INC. Lease of state property 1153 CARTERSVILLE, CITY OF Conveyance of state property authorized 1185 CATOOSA COUNTY Board of commissioners; county manager; clerical assistants 5190 Board of education; elections; school superintendent 4258 Board of utilities commissioners; compensation 4955 Probate court; judge; compensation; clerical help; superior court; clerk; clerical help 4574 Tax commissioner; clerical help 4413 CEDARTOWN, CITY OF Syble Brannan Parkway; designated 1102 CELLULAR RADIO TELEPHONES Interception of communications prohibited 299 CENTRAL SAVANNAH RIVER REGIONAL DEVELOPMENT CENTER Transfer of counties from the Oconee R.D.C. to the Central Savannah River R.D.C. 1170

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CENTRALHATCHEE, TOWN OF Mayor; powers 5447 CHAMBLEE, CITY OF Mayor and council; powers; city manager; officials 4250 CHARITABLE ORGANIZATIONS Exemption from filing federal annual information return for organizations with annual income less than $25,000.00 319 CHARTER SCHOOLS Status; terms of charter 1440 CHATHAM COUNTY Coastal Area Games Authority; creation 5066 Easements across state property 1126 Eastern Judicial Circuit; judges; salary supplement 4566 Probate court; clerk; magistrate court; chief magistrate and magistrates; minimum salaries 5340 Recorder's court; chief judge 4326 Savannah-Chatham County Anti-Drug Commission; dissolved 4610 State court; judges; compensation 4314 Superior court; clerk; compensation 5337 CHATTAHOOCHEE RIVER Restriction of power boats and skiing 351 CHATTAHOOCHEE VALLEY TRAIL SCENIC HIGHWAY Designated 1161 CHEROKEE OF GEORGIA TRIBAL COUNCIL State recognition 1813 CHICKAMAUGA, CITY OF Board of education; elections 4082 CHILD ABUSE Abuse does not include good faith prayer treatment 1712 Certain school officials; access to juvenile court records and child abuse records 979 Child Abuse Prevention Panel 1941

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Child Abuse Prevention Panel 1695 Child abuse reports; public inspection; child fatality review subcommittees 1695 Reports; access 1712 Sexual abuse defined 1712 CHILD ABUSE PREVENTION PANEL Name changed from Child Fatality Review Panel 1941 Name changed from Child Fatality Review Panel 1695 CHILD ABUSE PROTOCOL COMMITTEES Acess to child abuse reports 1712 CHILD CUSTODY Change of child custody; terms 1983 CHILD FATALITY REVIEW PANEL Name changed to Child Abuse Prevention Panel 1941 Name changed to Child Abuse Prevention Panel 1695 CHILD MOLESTATION Second or subsequent offenses; stiffer penalties and incarceration 715 Sexual abuse defined 1712 CHILD SUPPORT Cohabitation as grounds for revision 1091 Enforcement; employees; registry records 1983 Withholding of wages; findings and orders 585 CHILD-PLACING AGENCY Foster parents; records check; immunity from claims based upon good faith actions relating to records check 757 Misdemeanor for executive director to use a foster care home with foster parent who has criminal record 757 Payment for placing special needs child 1969 CHILDREN See MINORS CHIROPRACTORS Hot and cold packs; nonprescription structural supports 1719

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CIGARETTES Sale or distribution to or possession by minors of tobacco products; licensing of vendors 343 CIVIL PRACTICE Agricultural or aquacultural food products or commodities; civil actions for disparagement 1795 Alternative dispute resolution programs; creation and funding; practices and procedures 1529 Code revision 91 Commercial Real Estate Broker Lien Act; civil actions 1490 Court reporters; extensive revision of provisions relating thereto 1315 Ethics committees; subpoenas; issuance; judicial review 1390 Magistrate courts; civil proceedings; procedures and practices 974 Notice of action involving recipients of medical assistance 1080 Original action upon adoption by stepparent 456 Written notice to claimants of payment of claims to attorneys in third-party settlements 1048 CIVIL WAR COMMISSION Creation 1952 CLARKE COUNTY Athens-Clarke County; commission; districts 3501 Board of education; districts; elections; officers; meetings 3514 Board of elections and registration; creation 4631 District attorney; staff 4203 Intake and probation services; transfer; Department of Children and Youth Services 4918 CLAY COUNTY Board of commissioners; districts 3584 Board of education; election; school superintendent 3576 Superior court; chief magistrate as deputy clerk 4573 CLAY, LUCIUS D., MEMORIAL PARKWAY Designated 1137 CLAYTON COUNTY Board of commissioners; chairman; compensation Vetoed SB 178 Board of commissioners; districts 4335 Board of commissioners; funds for advertising and promoting county 5419 Board of commissioners; vice-chairman 5433 Board of education; districts 4341

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Clayton County Commission on Children and Youth; annual report; abolition date 4312 Clayton County Public Employee Retirement System 5345 County retirement and benefit system; elected officials and employees 4455 Deputy tax commissioner; civil service benefits 4450 Homestead exemption; county taxes; referendum 4452 Magistrate court; chief magistrate; election; terms; vacancies 4501 Probate court; judge; compensation 4439 Purchasing and leasing 5389 School superintendent; appointment 4437 Sheriff; compensation Vetoed SB 182 Superior court; court reporters; compensation Vetoed SB 184 Superior court; district attorney; salary supplement Vetoed SB 181 Superior court; judges; salary supplement Vetoed SB 179 CLAYTON COUNTY COMMISSION ON CHILDREN AND YOUTH Annual report; abolition date 4312 CLAYTON JUDICIAL CIRCUIT Court reporters; compensation; Clayton County Vetoed SB 184 District attorney; salary supplement; Clayton County Vetoed SB 181 Judges; salary supplement Vetoed SB 179 CLERK OF SUPERIOR COURT See SUPERIOR COURTS COASTAL AREA GAMES AUTHORITY Creation 5066 COBB COUNTY Board of commissioners; qualifying for other offices; vacancies 4616 Board of commissioners; vacancies upon qualification for another office 4468 Board of elections and registration; members; residency 4549 Civil service system; board; terms 4498 Cobb County Commission on Children and Youth; membership; abolition date 4461 Cobb County Stadium Authority; membership; terms 4492 Cobb Year 2000 Commission; membership 4619 Cobb-Marietta Coliseum and Exhibit Hall Authority; convention facility name 4286 Cobb-Marietta Coliseum and Exhibit Hall Authority; members; terms 4495 Exchange of county property for state property 1163 Homestead exemption; county taxes; referendum 4441 South Cobb Development Authority; membership; property; tax exemption 5143 State property; easement authorized 1150

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COBB COUNTY COMMISSION ON CHILDREN AND YOUTH Membership; abolition date 4461 COBB COUNTY STADIUM AUTHORITY Membership; terms 4492 COBB YEAR 2000 COMMISSION Membership 4619 COBB-MARIETTA COLISEUM AND EXHIBIT HALL AUTHORITY Convention facility name 4286 Members; terms 4495 CODE REVISION Elections 118 O.C.G.A. 91 Retirement 86 COLISEUM AUTHORITIES Sale of alcoholic beverages on premises 325 COLQUITT COUNTY Board of commissioners; districts; terms 4064 Board of education; districts; terms 4073 COLUMBIA COUNTY Augusta Judicial Circuit; judges; salary supplement 4457 Board of commissioners; districts; elections 3699 Board of education; compensation 4564 Board of education; districts; elections 3691 Board of elections; creation 3706 Board of elections; creation 4180 Probate court; judge; tax commissioner; superior court; clerk; compensation 4582 COLUMBUS, GEORGIA Municipal court; judges; clerk; marshal; salary supplements 4849 New charter for county-wide government 4978 Sheriff; compensation 4851 State court; judges; solicitor; salary supplement 4849 Superior court; clerk; sheriff; salary supplements 4849 Tax commissioner; coroner; salary supplements 4849

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COMMERCE AND TRADE Advertising; size and type of disclaimer 701 Agency; formalities required to create; written instruments deemed to imply authority 457 Agency and principal; grants of powers of attorney; written declarations 1052 Agricultural or aquacultural food products or commodities; civil actions for disparagement 1795 Assistive Technology Warranty Act; express warranties 1797 Brokerage Relationships in Real Estate Transactions Act; duties and responsibilities of real estate brokers 376 Code revision 91 Coliseum authorities; sale of alcoholic beverages on premises 325 Driver improvement clinics; unfair or deceptive practices 1076 Licensed retail dealers; advertise and promote lawful lotteries 1073 Motorized Wheelchair Warranty Act; express warranties 1805 Natural gas dispensers; display of measurement; compressed petroleum gas; gallon equivalency 811 Principals doing business in the state 1092 Promotional offers; identification and odds of winning 1076 Prompt payment for produce; certificate of receipt; contents of certificate 440 Pulpwood, saw timber, poles, and other timbers; sale by tonnage or pounds 446 Service marks; registration by school boards 462 Tobacco products; sale or distribution to or possession by minors; licensing of vendors 343 Tractors, farm equipment, heavy equipment, and motor vehicles; regulation of distribution 1585 Unfair or deceptive trade practices against elderly 1092 Unlicensed home health services; representation regarding services 1676 COMMERCE, CITY OF Board of education; elections; school superintendent 3714 School superintendent 4384 COMMERCIAL CODE Conflicting security interests on same collateral; priority; production loans 576 Financing statements; filing; Georgia Superior Court Clerks' Cooperative Authority; central indexing system 1550 Insurers; certificates or instruments of securities; rules of the Commissioner of Insurance 1721 Leasing; new statutory provisions 633 COMMERCIAL DRIVERS' LICENSES Agricultural employees; restricted licenses; qualifications; period of validity; distance; transport of hazardous materials; rules 797

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COMMERCIAL REAL ESTATE BROKER LIEN ACT Enacted 1490 COMMISSION ON THE PRESERVATION OF THE STATE CAPITOL Creation; membership; powers and duties; assignment for administrative purposes 1541 COMMISSIONER OF ADMINISTRATIVE SERVICES Houseparents; property and liability insurance; insurance for houseparents; purchase 416 COMMISSIONER OF AGRICULTURE Assistance to the United States Department of Agriculture; inspection, certification, and identification of agricultural products 327 Horticultural growing media; regulation; administration and enforcement 986 COMMISSIONER OF INSURANCE Agents; display of certificate of licensure 702 Insurers; certificates or instruments of securities; rules 1721 Local public entities; temporary insurance coverage; authority 320 Medicaid; certain children covered by Commissioner of Insurance plan 1985 Payment of dividends by certain insurers; reasonableness of surplus; domestic stock dividends 625 Revision of provisions regarding notices by insurers; valuation of accident and sickness and disability plans 483 Small Business Protection Act of 1993; workers' compensation policies; cancellation or nonrenewal notices; certified mail 1507 Workers' compensation policies; premium reductions; drug-free workplace 1512 COMMISSIONER OF PUBLIC SAFETY Racetracks; licensing of operators transferred to Safety Fire Commissioner 725 COMMISSIONER OF REVENUE Amnesty program Vetoed SB 139 Motor fuel tax law; rules 1502 Olympics; special license plates; negotiation and execution of licensing agreements 972 Powers and duties regarding withholding on distributions by partnerships, Subchapter S corporations, and limited liability companies to nonresidents 597 Tax lien; release or subordination of property subject to lien 961 Taxpayer bill of rights; preparation and distribution 294 Unclaimed property; duties 1813

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COMMUNITY AFFAIRS Cherokee County; transfer to the Atlanta Regional Commission from the North Georgia Regional Development Center ratified 1177 Oconee Regional Development Center; transfer of counties 1170 COMPOST State purchasing 531 COMPUTERS Electronically furnishing obscene material to minors; definitions 735 Software; defined; valuation as intangible personal property 1647 CONDITIONED AIR CONTRACTORS Electrical service and installation authorized 733 Licensing; examinations; OSHA sanctions; continuing education; display of registration number; state-wide license; exceptions 1339 CONFEDERATE STATES OF AMERICA Civil War Commission; creation 1952 CONFLICT OF INTEREST Contractors providing probation services; prohibited conduct 454 Patient Self-referral Act of 1993 enacted 521 CONGRESS Reapportionment of districts 863 CONSERVATION AND NATURAL RESOURCES Bears constituting a threat 392 Boat docks; High Falls Lake; permits; State Properties Commission; licenses 396 Bona fide conservation use property; ad valorem taxes 947 Civil War Commission; creation 1952 Code revision 91 Combined sewer overflow system; operation 1775 Environmental Protection Division; hazardous sites; inventory 500 Environmental Protection Division; waste-water treatment plant operators and laboratory analysts; training; certification 305 Georgia Music Hall of Fame Authority; members; compensation and expense allowance 809 Historic Chattahoochee Commission; methods of selecting members; voting members 429 Hunter education courses; proof of completion; nonresident hunting licenses 779 Marine toilets; restrictions on Lake Blue Ridge; federal law precedence 459

Page LXXVI

Marine toilets; vessels with; prohibited on specified lakes 790 North Georgia Mountains Authority; members of Board of Natural Resources; authority of the Authority 1683 Pollution prevention assistance division; Department of Natural Resources 1429 Professional forestry; registration 481 Rangers; 25 years of service; retainage of weapon and badge 392 Sludge land application sites; fees; approval by Environmental Protection Division 730 State authorities; feasibility of private sector contractors; purchases 1781 State Forestry Commission; unpaid volunteers; services; expenses; insurance coverage 423 Upper Savannah River Development Authority; membership; jurisdiction Vetoed SB 342 Vertical expansion of solid waste facilities; scrap tires; yard trimmings; disposal 399 Waste Control Law; litter defined; dumping prohibited; penalties 496 Water well contractors; licensing; continuing education 301 CONSERVATION EASEMENTS Expansion by exercise of eminent domain prohibited 794 CONSOLIDATED ATLANTA PROPERTIES, LTD. (CAPCO) State property; termination of amendment to leases 513 CONSTRUCTION Contractors; licensing; electrical contractors; plumbers; conditioned air contractors; utility contractors 1339 Taxation of heavy-duty equipment owned by nonresidents 1012 CONSUMER PROTECTION See COMMERCE AND TRADE and UNFAIR OR DECEPTIVE PRACTICES CONTRACTORS Conditioned air contractors; service to and installation of electrical connection and circuit authorized 733 Licensing; electrical contractors; plumbers; conditioned air contractors; utility contractors 1339 Public works contractors; bonds and security deposits 1003 CONTRACTS Bad checks; damages paid within ten days; notice 465 Code revision 91 Federal manufacturer's taxes; payments; right to security under contracts 1028 Local governments; intergovernmental contracts; federal programs 792

Page LXXVII

State authorities; feasibility of private sector contractors; purchases 1781 Tractors, farm equipment, heavy equipment, and motor vehicles; distribution 1585 CONTROLLED SUBSTANCES Anti-cancer drug therapy; insurance coverage 539 Exemption of certain anabolic steroids; dangerous drugs listing 590 Jails; prohibited items; penalty 630 Notice of seizure of property 1434 Workers' compensation policies; premium reductions; drug-free workplace 1512 CONVENTION AND TRADE SHOW FACILITIES Support from proceeds of local hotel and motel tax 995 CONVEYANCES Defense Finance and Accounting Facility 1 Defined; Commercial Real Estate Broker Lien Act 1490 See also STATE PROPERTY CORONERS Access to child abuse reports 1712 Training Vetoed HB 223 CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS Code revision 91 Corporate code; revisions 1231 Department of Banking and Finance approval of articles of incorporation of special purpose bank 511 Dividends from sources outside United States 1649 Income taxes; distributions by Subchapter S corporations to certain nonresidents 597 Income taxes; dividends 1649 Limited liability companies; formation, operation, and dissolution 123 CORRECTIONAL INSTITUTIONS See PENAL INSTITUTIONS COST OF AN ENTERPRISE Defined; Georgia Housing and Finance Authority Act 738 COST OF PROJECT Defined; Georgia Housing and Finance Authority Act 738

Page LXXVIII

COUNCIL FOR SCHOOL PERFORMANCE Membership; duties, powers, and compensation 1438 COUNCIL OF MAGISTRATE COURT JUDGES Composition 910 COUNTIES Audits of financial affairs and transactions; expenditures 717 Board of tax assessors member ineligible as property appraisal staff in certain counties 603 Bus shelters; permits for erection and maintenance 1732 Consolidation; approval; referendum 394 Deputy wardens of county correctional institutions; appointment by county governing authorities 417 Federal programs; expenditure of revenues 792 Grants to counties; 20,000 acres of unimproved state owned land under control of Department of Natural Resources 1071 Local Government Efficiency Act; state grants programs; required performance audits 1574 Municipal corporations; inactive status; repeal of charter; obligations upon counties 1579 Occupation taxes; regulatory fees; comprehensive revision 1292 Public works contractors; bonds and security deposits 1003 Purchasing; factors for selecting lowest responsible bidder in certain counties 588 State grants to counties; 20,000 acres of state owned unimproved land under control of Department of Natural Resources 1071 Transient merchants; county license fees fixed by county governing authority 787 Zoning; procedure for adopting ordinance 806 See also LOCAL GOVERNMENT COUNTY CORRECTIONAL INSTITUTIONS Deputy wardens; appointment 417 Duties relating to notice to victim of offender's release, escape or death 1728 See also PENAL INSTITUTIONS COUNTY OFFICERS See COUNTIES, LOCAL GOVERNMENT, and PUBLIC OFFICERS AND EMPLOYEES COURT REPORTERS Extensive revision of provisions relating thereto 1315

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COURTS Admissibility of certified documents transmitted by facsimile; reproduction of original copies 1078 Alternative dispute resolution programs; creation and funding; practices and procedures 1529 Blood and genetic testing for paternity; presumption 1980 Child abuse reports; public inspection; child fatality review subcommittees 1695 Child custody; change; terms 1983 Child molestation; second or subsequent offenses; stiffer penalties and incarceration 715 Child support; enforcement; employees; registry records 1983 Child support; withholding of wages; findings and orders 585 Civil liability immunity from disclosure of employee job performance 1056 Code revision 91 Controlled substances; notice of seizure of property 1434 County or city law enforcement officers; transporting arrested persons 710 Court reporters; extensive revision of provisions relating thereto 1315 Deposit of funds held; interest-bearing accounts 1673 Duties, powers, and arrest authority within city limits 1688 Ethics committees; subpoenas; issuance; judicial review 1390 Filling of vacancies in office of sheriff; local law 1389 Financing statements; filing; Georgia Superior Court Clerks' Cooperative Authority; central indexing system 1550 Georgia Indigent Defense Council; members; programs; committees 308 Georgia Superior Court Clerks' Cooperative Authority; creation; membership, powers, and jurisdiction 1544 Judges; recusal upon conflict of interest; local government representation 981 Juvenile; custody and detention of children; probation officers 438 Juvenile; mediation services; fees 931 Juvenile; proceedings; disposition orders and temporary transfers of custody; evidence of family violence 1716 Juvenile; school officials; access to records 979 Magistrate; civil proceedings; procedures and practices 974 Magistrate; Council of Magistrate Court Judges 910 Magistrate; fines; county and authority ordinances 910 Magistrate; senior magistrate; created; Council of Magistrate Court Judges; composition 910 Original action upon adoption by stepparent 456 Outdoor advertising signs; judicial review; Department of Transportation decisions 969 Pharmacists; privileged information concerning patients 1050 Probate; judges; minimum annual salaries Vetoed HB 206 Protective orders; application, jurisdiction, and enforcement 788 School officials; access to juvenile court records and child abuse records 979 Sentence of life without parole; imposition 1654 Sheriffs; minimum annual salaries Vetoed HB 206 Sheriffs; qualifications and training; exemptions 724 State; clerks; service as magistrate court clerks; compensation 1061 Superior; bailiffs; selection 1389 Superior; Barrow County; terms of court 805

Page LXXX

Superior; clerks; deposit of funds held; interest-bearing accounts 982 Superior; clerks; designation of county records manager 1074 Superior; clerks; minimum annual salaries Vetoed HB 206 Superior; clerks; priorities of distribution of fines, forfeitures, and surcharges 374 Superior; Jackson County; terms of court 805 Superior; McIntosh County; terms of court 447 Superior; sentence review panel 705 Supreme Court; terms of court; disposition of cases 360 Telephonic communications of a minor; consent to wiretapping; court orders; recordings kept under seal 565 Victim impact statements; allowance into evidence 1660 Written notice to claimants of payment of claims to attorneys in third-party settlements 1048 COVENANTS Running with the land; automatic renewal; termination; recording 782 COWETA COUNTY Board of education; districts 4007 CRAWFORD COUNTY Board of commissioners; districts 4144 Board of education; election; school superintendent 4136 CRIME VICTIMS Notice of offender's release, escape, or death; confidentiality of victim information; immunity for failure to notify 1728 CRIMES AND OFFENSES Attorney general; investigation of violation of election laws 1670 Authority to apprehend unruly and delinquent children; Department of Children and Youth Services 966 Bad checks; damages paid within ten days; notice 465 Cellular radio telephones; interception of communications prohibited 299 Child Fatality Review Panel; name changed to Child Abuse Prevention Panel 1941 Child Fatality Review Panel; name changed to Child Abuse Prevention Panel 1695 Child molestation; second or subsequent offenses; stiffer penalties and incarceration 715 Code revision 91 Controlled substances; exemption of certain anabolic steroids; dangerous drugs listing 590 Controlled substances; notice of seizure of property 1434 Electronically furnishing obscene material to minors; definitions 735 Firearms; possession by certain county and city officials 604

Page LXXXI

Handicapped parking; penalties 707 Prisoners; mutiny redefined 808 Recreational bingo games; licensing not required; definitions 535 Sentence of life without parole; imposition 1654 Sentence review panel 705 Stalking; defined; prohibited; penalties; exceptions 1534 Stolen motor vehicles; notice to owner upon recovery 762 Telephonic communications of a minor; consent to wiretapping; court orders; recordings kept under seal 565 Tobacco products; sale or distribution to or possession by minors of; licensing of vendors 343 Waste Control Law; litter defined; dumping prohibited; penalties 496 CRIMINAL PROCEDURE Child molestation; second or subsequent offenses; stiffer penalties and incarceration 715 Code revision 91 County or city law enforcement officers; transporting arrested persons 710 Court reporters; extensive revision of provisions relating thereto 1315 Deposit of funds held; interest-bearing accounts 1673 Firearms; possession by certain county and city officials 604 Georgia Indigent Defense Council; members; programs; committees 308 Sentence of life without parole; imposition 1654 Sentence review panel; sentences reviewed 705 Stalking; defined; prohibited; penalties; exceptions 1534 Superior court clerks; priorities of distribution of fines, forfeitures, and surcharges 374 Victim impact statements; allowance into evidence 1660 CURRAHEE PAGING Tim McCollum d/b/a Currahee Paging; sublease of state property 1208 D DALTON, CITY OF Homestead exemption; city taxes; referendum 4187 Homestead exemption; school district taxes; referendum 4191 DANGEROUS DRUGS Jails; prohibited items; penalty 630 Listing 590 DANGEROUS WEAPONS Jails; prohibited items; penalty 630

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DANIELL, R. G., SR. R. G. Daniell, Sr., Memorial Highway; designated 1161 DAWSON, CITY OF Elections; qualifying; notices of candidacy 5469 DEAF AND HARD OF HEARING PERSONS Joint Study Committee on Creation of a State Department, Commission, or Agency of the Deaf and Hard of Hearing; creation 1961 DECATUR COUNTY State court; solicitor; compensation 4316 DECATUR, CITY OF City commissioner districts; board of education; elections 3737 DEFENSE FINANCE AND ACCOUNTING SERVICES FACILITY Contracts; services; eminent domain; conveyances; spending proceeds of general obligation debt 1 DEFENSIVE DRIVING AND DUI ALCOHOL OR DRUG USE RISK REDUCTION PROGRAMS Completion mandatory for driver's license restoration 940 Contractors providing probation services; prohibited conduct relating to 454 Driver training instructors; licenses 453 DEKALB AD VALOREM TAX SURVEY COMMISSION Compensation; meetings; findings; abolition 4200 DEKALB COUNTY Ad valorem taxes; millage rate in certain municipalities 4198 DeKalb Ad Valorem Tax Survey Commission; compensation; meetings; findings; abolition 4200 DeKalb County Pension Board; investments; expenses 5425 DeKalb County Pension Board; refund and forfeiture of contributions and benefits 5382 Metropolitan Atlanta Rapid Transit Authority; operating costs; tax revenue 5251 Recorder's court; fines 4333 DENTAL HYGIENISTS Temporary licenses; applicant who has failed examination not eligible 450

Page LXXXIII

DENTAL STUDENTS Immunity except for willful or wanton misconduct 1051 DENTISTS Licensing; repeal of restriction of surgery or invasive procedures altering tissue to physicians, veterinarians, dentists, or podiatrists 349 DEPARTMENT OF ADMINISTRATIVE SERVICES Duties relating to purchases from sheltered workshops and training centers 1736 Fiscal Division; succeeded by Office of Treasury and Fiscal Services 1402 Hearing officers; licensing of health facilities 1290 DEPARTMENT OF AGRICULTURE Assistance to the United States Department of Agriculture; inspection, certification, and identification of agricultural products 327 Horticultural growing media; regulation; administration and enforcement 986 See also AGRICULTURE DEPARTMENT OF ARCHIVES AND HISTORY Georgia Historical Records Advisory Board; created 1087 DEPARTMENT OF BANKING AND FINANCE Automated teller machines; regulation 917 Mortgage lenders and brokers; licensing; fees; practices and procedures 543 Special purpose bank; approval of articles of incorporation 511 See also BANKING AND FINANCE DEPARTMENT OF CHILDREN AND YOUTH SERVICES Arrest powers for employees to apprehend children escaped from facilities and those who have broken conditions of supervision 313 Athens-Clarke County; intake and probation services; transfer; Department of Children and Youth Services 4918 Authority to apprehend unruly and delinquent children 966 Employees to apprehend children escaped from facilities and those who have broken supervision conditions; search warrants; arrest powers 313 Houseparents; property and liability insurance 416 Search warrants for employees to apprehend children escaped from facilities and those who have broken conditions of supervision 313 DEPARTMENT OF COMMUNITY AFFAIRS Municipal corporations; inactive status; repeal of charter 1579

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DEPARTMENT OF CORRECTIONS Duties relating to notice to victim of offender's release, escape, or death 1728 See also PENAL INSTITUTIONS DEPARTMENT OF EDUCATION Charter schools 1440 Council for School Performance; membership; duties, powers, and compensation 1438 Department funding for eligible institutions 933 See also EDUCATION DEPARTMENT OF HUMAN RESOURCES Change in duties 1445 Records check for foster parents 757 See also HEALTH, MENTAL HEALTH, and SOCIAL SERVICES DEPARTMENT OF LABOR State Board of Workers' Compensation; access to records of fatal cases 1396 Supplemental appropriations for fiscal year 1992-1993 765 See also LABOR AND INDUSTRIAL RELATIONS DEPARTMENT OF NATURAL RESOURCES Civil War Commission; creation 1952 Conservation rangers; benefits for retirement at age 55 1372 North Georgia Mountains Authority; members of Board of Natural Resources; authority of the Authority 1683 Pollution prevention assistance division 1429 Signs identifying no ski area of Chattahoochee River 351 Sludge; land application sites; fees; approval by Environmental Protection Division 730 State grants to counties; 20,000 acres of state owned unimproved land under control of Department of Natural Resources 1071 Unclassified employees; benefits 791 See also CONSERVATION AND NATURAL RESOURCES DEPARTMENT OF PUBLIC SAFETY Ignition interlock; certification of devices and providers 568 Officers and troopers; benefits for retirement at age 55 1372 Rules regarding restricted commercial drivers' licenses for agricultural employees 797 Suspended drivers' licenses; custody; return; fees; destruction 1665 See also MOTOR VEHICLES AND TRAFFIC

Page LXXXV

DEPARTMENT OF REVENUE Alcohol and tobacco officers; benefits for retirement at age 55 1372 Taxpayers' bill of rights 294 See also REVENUE AND TAXATION DEPARTMENT OF TRANSPORTATION Costs of removal of obstructions and encroachments and repair of public roads; reimbursement 315 Excess dimensions; permits for loads of preengineered and premanufactured wood roof and floor trusses 348 Length of unprocessed forest products; warning flags 786 Outdoor advertising signs; judicial review 969 Public records; disclosure; exemption for department engineers cost estimates and rejected or deferred bids 968 Removal of unattended vehicles 370 Ride-sharing programs; financial support 373 State Tollway Authority; property; jurisdiction of Department of Transportation Enforcement Officers; toll fee 366 See also HIGHWAYS, BRIDGES, AND FERRIES DEPOSITORY BANK Pledge of security interests to secure deposits of public funds; securities owned by depository bank 929 DERELICT MOTOR VEHICLE Removal; notice; value; disposal; abandonment; violations; liability 772 DICK LANE BRIDGE Designated 1221 DISABLED VETERANS Special license plates; qualification procedures 467 DISTILLED SPIRITS See ALCOHOLIC BEVERAGES DISTRICT ATTORNEYS Postretirement benefit increases 800 DISTRICT ATTORNEYS' RETIREMENT SYSTEM Postretirement benefit increases 800

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DIVERSION PROGRAMS Fees; waiver; amendment; sanctions for failure to pay 426 DIVISION OF MENTAL HEALTH, MENTAL RETARDATION, AND SUBSTANCE ABUSE Change in duties 1445 DIVORCE Cohabitation as grounds for revision of child support and alimony 1091 See also DOMESTIC RELATIONS DOCTORS See PHYSICIANS and PROFESSIONS DODGE COUNTY Dodge County Hospital Authority; membership of board; operations 4608 Oconee Judicial Circuit; judges; salary supplement 5092 DODGE COUNTY HOSPITAL AUTHORITY Membership of board; operations 4608 DOMESTIC RELATIONS Blood and genetic testing for paternity; presumption 1980 Child abuse reports; public inspection; child fatality review subcommittees 1695 Child custody; change; terms 1983 Child Fatality Review Panel; name changed to Child Abuse Prevention Panel 1941 Child Fatality Review Panel; name changed to Child Abuse Prevention Panel 1695 Child support; withholding of wages; findings and orders 585 Child support enforcement; employees; registry records 1983 Cohabitation as grounds for revision of alimony and child support 1091 Juvenile proceedings; disposition orders and temporary transfers of custody; evidence of family violence 1716 Original action upon adoption by stepparent 456 Protective orders; application, jurisdiction, and enforcement 788 School officials; access to juvenile court records and child abuse records 979 Stalking; defined; prohibited; penalties; exceptions 1534 DOOLY COUNTY Board of commissioners; districts; terms; elections 5153 Board of education; districts; terms; elections 5161

Page LXXXVII

DOUGHERTY COUNTY Board of commissioners; districts 4291 Board of education; districts 4749 Magistrate court; chief magistrate; magistrates; selection; compensation; vacancies; clerk; personnel 4406 State court; judge; compensation; solicitor; assistant district attorneys 4416 DOUGLAS COUNTY Board of education; districts 4966 Douglasville-Douglas County Charter Commission; referendum on charter 4914 DOUGLAS, CITY OF New charter 4022 DOUGLASVILLE, CITY OF Douglasville-Douglas County Charter Commission; referendum on charter 4914 DOUGLASVILLE-DOUGLAS COUNTY CHARTER COMMISSION Referendum on charter 4914 DRIVER TRAINING INSTRUCTORS Licenses valid for two years 453 DRIVERS' LICENSES Commercial; restricted licenses for agricultural employees 797 Ignition interlock devices 568 Mandatory suspension for specified convictions; restoration; new license for habitual violator 940 Replacement due to name or address change; fee 615 Suspended; custody; return; fees; destruction 1665 Suspension; restoration; new licenses for habitual violators 940 See also MOTOR VEHICLES AND TRAFFIC DRUGS Anti-cancer drug therapy; insurance coverage 539 Controlled substances; exemption of certain anabolic steroids; dangerous drugs listing 590 Dangerous drugs; list 590 Jails; prohibited 630 Notice of seizure of property 1434 Workers' compensation policies; premium reductions; drug-free workplace 1512

Page LXXXVIII

DUBLIN, CITY OF Board of education; elections; school superintendent 3560 Board of education; powers; real estate; taxes 4970 Election dates; mayor; council; board of education; terms 4584 DUI ALCOHOL OR DRUG USE RISK REDUCTION PROGRAM Completion mandatory for restoration of suspended drivers' license or for new license for habitual violator 940 Contractors providing probation services; prohibited conduct related thereto 454 Driver training instructors; licenses valid for two years 453 DULUTH, CITY OF Budgets; capital reserve fund 5475 Homestead exemptions; city taxes; referendums 4730 DURHAM, LT. HAROLD PINKY Lt. Harold Pinky Durham Medal of Honor Highway; designated 1221 E EARLY COUNTY Board of education; elections; school superintendent 3674 EASEMENTS Conservation easements; expansion by exercise of eminent domain prohibited 794 See STATE PROPERTY EAST DUBLIN, CITY OF Mayor pro tempore; election; term 4404 EAST POINT, CITY OF Retirement plan; eligibility; participation 5460 EASTERN JUDICIAL CIRCUIT Judges; salary supplement; Chatham County 4566 EASTMAN, CITY OF Council; vacancies 3895

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ECHOLS COUNTY Superior court; clerk; clerical help; fees 3754 EDISON, CITY OF Municipal court; penalties 5445 EDUCATION Adult education mandatory for special alternative incarceration inmates and probationers; exemptions; probation revocation 1664 Audiologists employed by educational institution and certified; exemption from licensure 1510 Capital Outlay for Education Task Force 1988 Charter schools 1440 Civil liability immunity from disclosure of employee job performance 1056 Code revision 91 Council for School Performance; membership; duties, powers, and compensation 1438 Department funding for eligible institutions 933 Director of the University of Georgia Libraries; depositor of state public documents 992 Education Accountability and Evaluation Commission; creation 1988 Enrollment counts; courses counted 1693 Equalized adjusted school property tax digest; boards of arbitrators 699 Grants for programs; charter school status; terms of charter 1440 Insurance coverage; retired employees 1987 Local school boards; business with financial institutions 1687 Local school boards; membership; terms; salaries; vacancies 1279 Local school boards exempt from certain county and city fees 541 Local school superintendents; minimum salary; state funds 1667 Nonprofit educational organization plans; exemptions 329 Older Worker Task Force; creation 1958 Programs; assessments for graduation; exempt school designation Vetoed SB 316 Public records; disclosure; exemption for personally identifiable information in research by institutions of higher education 1336 Public schools; insurance coverage; retired employees 1987 Registration of service marks by school boards 462 Research by institutions of higher education; exempt from disclosure as public record until publication 1336 Research by institutions of higher education; personally identifiable information; exempt from disclosure as public record 1336 School buses; tire treads 727 School officials; access to juvenile court records and child abuse records 979 State board; hearings; notices 353 Task Force on Educational Outcomes Based Flexibility; creation 1963 Teachers Retirement System of Georgia 732 Teachers Retirement System of Georgia 432 Teachers Retirement System of Georgia 316

Page XC

Teachers Retirement System of Georgia 1690 EDUCATION ACCOUNTABILITY AND EVALUATION COMMISSION Creation 1988 EFFINGHAM COUNTY Board of commissioners; compensation 4378 Coastal Area Games Authority; creation 5066 State court; judge; salary 4269 ELECTIONS Attorney general investigation of violation of election laws 1670 Certain offices; nonpartisan; straight party voting Vetoed SB 283 Clerk of superior court; designation of county records manager 1074 Code revision 118 Congressional districts; reapportionment 863 Contests of election results 617 House of Representatives; districts; reapportionment 813 Local boards assuming duties of election superintendents 617 Notification of candidate disqualification 617 Party nominations 617 Restrictions on campaign and polling activities 712 Senate districts; reapportionment 863 Voter registration; voting precincts maps 617 ELECTRICAL CONTRACTORS Licensing; examinations; OSHA sanctions; continuing education; display of registration number; state-wide license; exceptions 1339 ELECTRICAL SERVICE AND INSTALLATION Conditioned air contractors 733 ELLAVILLE, CITY OF Ellaville-Schley County Charter Commission; creation 5316 ELLAVILLE-SCHLEY COUNTY CHARTER COMMISSION Creation 5316 ELLIS GIBBS ARNALL TRIBUTE COMMISSION Creation 1229

Page XCI

EMANUEL COUNTY Emanuel County Development Authority; members 4324 Motor vehicle registration periods 4322 EMANUEL COUNTY DEVELOPMENT AUTHORITY Members 4324 EMBALMERS Continuing education Vetoed HB 223 Emergency medical care 1497 EMERGENCY MEDICAL TECHNICIANS Accidents involving emergency medical technician; surcharge of premium or rate prohibited 542 Repeal of certain recertification requirements 1082 EMERGENCY SERVICES 911 telephone system; joint authorities; military; bases 1368 Immunity; respiratory care professionals 1497 Respiratory care professionals; immunity for certain emergency care 1497 EMINENT DOMAIN Conservation easements; expansion by exercise of eminent domain prohibited 794 Defense Finance and Accounting Facility; exercise authorized 1 EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA Benefits; retirement at age 55 for specified employees 1372 Involuntary separation with retirement benefits; position permanently vacant; deletion of funds from agency budget 1817 Trustees; expense allowance 1690 ENIGMA, CITY OF New charter 5205 ENROLLMENT COUNTS Courses counted 1693 ENTERPRISE Defined; Georgia Housing and Finance Authority Act 738

Page XCII

ENVIRONMENTAL PROTECTION DIVISION Hazardous sites; inventory 500 Sludge land application sites; fees; approval 730 Waste-water treatment plant operators and laboratory analysts; training; certification 305 See also CONSERVATION AND NATURAL RESOURCES EQUALIZED ADJUSTED SCHOOL PROPERTY TAX DIGEST Boards of arbitrators 699 ETHICS Committees; subpoenas; issuance; judicial review 1390 EUHARLEE, CITY OF Municipal court; penalties 4953 EVANS COUNTY Board of commissioners; compensation 4561 EVIDENCE Admissibility of certified documents transmitted by facsimile; reproduction of original copies 1078 Blood and genetic testing for paternity; presumption 1980 Negligence; failure to wear vehicle seat belt not evidence of 516 Negligence; violation regarding children as bicycle passengers or not wearing helmets not evidence of 518 Pharmacists; privileged information concerning patients 1050 Victim impact statements; allowance into evidence 1660 EXECUTIONS Issuance for amounts due relating to unclaimed property 1813 Tax executions; transfer to persons who are not heirs or equity holders 1777 F FAIR AND OPEN GRANTS ACT OF 1993 Enacted 1914 FAMILY THERAPY Licensing 330

Page XCIII

FARM EQUIPMENT Regulation of the distribution of tractors, farm equipment, heavy equipment, and motor vehicles 1585 FAULK, LANETTE O'NEAL, MEMORIAL BRIDGE Designated 1195 FAYETTE COUNTY Board of commissioners; compensation 4920 Board of education; compensation; expenses 4308 FEDERAL INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT OF 1991 Implementation at state level 1362 FEDERAL TAXES Registration of liens; filing, indexing, and recording in general execution docket 361 FEES Diversion programs 426 Drivers' licenses; replacement due to name or address change 615 Ignition interlock devices 568 Occupation 1292 Pretrial release 426 Probation 426 Special license plates for veterans awarded Purple Hearts; manufacturing and registration 1793 Suspended drivers' licenses; return 1665 Transient merchants; county license fees; fixed by governing authority 787 FELONIES Jails; prohibited items; penalty 630 Special alternative incarceration; 120 days or 90 days for excellent behavior 444 FIDUCIARY Renunciation by fiduciary of legacy or devise 1057 FIRE PROTECTION AND SAFETY Accidents involving a firefighter; surcharge of premium or rate prohibited 542 Georgia Firemen's Pension Fund; application; benefits 476 Georgia Firemen's Pension Fund; postretirement benefit increases 1047

Page XCIV

Safety Fire Commissioner; dispensing of compressed natural gas for vehicular fuel; additional fee 448 FISCAL DIVISION Office of Treasury and Fiscal Services; created as successor to Fiscal Division of Department of Administrative Services 1402 FISCAL NOTES Budget Accountability and Planning Act 1914 FLOVILLA, CITY OF New charter 4663 FLOYD COUNTY Board of commissioners; residency requirement 4580 FLOYD L. NORTON BRIDGE Designated 1180 FORESTRY Professional forestry; registration 481 Pulpwood and pole trailers; amber reflectors 579 Saw timber; sale by tonnage or pounds 446 State Forestry Commission; unpaid volunteers; services; expenses; insurance coverage 423 FORSYTH, CITY OF Mayor; term limits; mayor and council; elections; terms; municipal court; powers; jurisdiction 4780 FOSTER CARE HOMES Records check for foster parents and other adults; violations; immunity for child-placing agency and its director 757 FOSTER, JUDGE W. A., JR. Judge W. A. Foster, Jr., Bridge; designated 1100 FRATERNAL BENEFIT SOCIETIES Extensive revisions of statutory provisions relating thereto 1744

Page XCV

FREEMAN V. HORNER Medal of Honor Highway for Freeman V. Horner; designated 1169 FUGITIVES Children escaped from facilities of Department of Children and Youth Services; search warrants and arrest powers for employees to apprehend 313 Transportation 710 FULTON COUNTY Airport; commercial use 4520 Board of commissioners; districts 5241 Board of education; compensation 4578 Fulton County Recreation Study Commission; creation 1219 Library system; real property; use by county pending disposal 4429 Metropolitan Atlanta Rapid Transit Authority; operating costs; tax revenue 5251 FULTON COUNTY RECREATION STUDY COMMISSION Creation 1219 FUNERAL DIRECTORS Continuing education Vetoed HB 223 G GAINESVILLE, CITY OF Board of education; elections; powers; school superintendent Vetoed HB 58 Board of education; elections; powers; wards; school superintendent 3981 GAME AND FISH Agricultural or aquacultural food products or commodities; civil actions for disparagement 1795 Bears constituting a threat 392 Code revision 91 Conservation ranger; 25 years of service; retainage of weapon and badge 392 Hunter education courses; proof of completion; nonresident hunting licenses 779 GARNER, WAYNE Wayne Garner Parkway; designated 1195 GAY, TOWN OF Ordinances, rules, and regulations; penalties 4490

Page XCVI

GENERAL ASSEMBLY Budgetary process 1914 Budgetary Responsibility Oversight Committee created 1914 Capital Outlay for Education Task Force 1988 Code revision 91 Congressional districts; reapportionment 863 Education Accountability and Evaluation Commission; creation 1988 Ethics committees; subpoenas; issuance; judicial review 1390 House of Representatives; districts; reapportionment 813 Joint Commission on Legislative Information Management; creation 1216 Joint Regional Hospital Study Committee; creation 1172 Joint Study Commission on Revenue Structure; re-creation 1965 Joint Study Committee on Creation of a State Department, Commission, or Agency of the Deaf and Hard of Hearing; creation 1961 Older Worker Task Force; creation 1958 Senate districts; reapportionment 863 State grants; award and disbursement 1914 Task Force on Educational Outcomes Based Flexibility; creation 1963 GENERAL OBLIGATION DEBT Defense Finance and Accounting Facility; spending of proceeds authorized 1 GEORGIA ADMINISTRATIVE PROCEDURE ACT Proposed rule; synopsis 1817 GEORGIA AUCTIONEERS COMMISSION Ethics code; inspector; licensing 1030 See also AUCTIONEERS AND AUCTIONS GEORGIA BOARD OF LANDSCAPE ARCHITECTS Membership; terms 1023 GEORGIA BOAT SAFETY ACT Revised; display of registration decals; restriction of power boats and skiing 351 GEORGIA BUREAU OF INVESTIGATION Officers and agents; benefits for retirement at age 55 1372 GEORGIA CHARITABLE SOLICITATIONS ACT OF 1988 Amended; charitable organizations with gross revenue less than $25,000.00 annually exempt 319

Page XCVII

GEORGIA CHILD CARE COUNCIL Successor members; terms; appointment; federal funding availability 1063 GEORGIA COMPREHENSIVE SOLID WASTE MANAGEMENT ACT Vertical expansion of solid waste facilities; scrap tires; yard trimmings; disposal 399 GEORGIA CONTROLLED SUBSTANCES ACT Notice of seizure of property 1434 See also DANGEROUS DRUGS and CONTROLLED SUBSTANCES GEORGIA FIREMEN'S PENSION FUND Application; benefits; disability; membership; physician's report; reinstatement 476 Benefits; postretirement increases 1047 Members of Peace Officers' Annuity and Benefit Fund 476 GEORGIA HISTORICAL RECORDS ADVISORY BOARD Creation 1087 GEORGIA HOUSING AND FINANCING AUTHORITY Competitive bidding, contracting, and disposition of property 738 Enterprises; facilitating economic development 738 Hospital Financing Authority; assets and obligations transferred to 738 Obligations not subject to Securities Act 738 Powers; confidentiality; bonds; obligations not subject to Securities Act; economic development for enterprises; health care facilities 738 GEORGIA INDIGENT DEFENSE COUNCIL Members; programs; committees 308 GEORGIA LEAD POISONING PREVENTION STUDY COMMITTEE Creation 1225 GEORGIA LOTTERY Debt collection from lottery prizes; liens; priority; immunity; confidentiality; interpleader actions 1037 Licensed alcoholic beverage retailers; advertising and promotion of lawful lotteries 1073

Page XCVIII

GEORGIA MOTOR VEHICLE FRANCHISE PRACTICES ACT Regulation of the distribution of tractors, farm equipment, heavy equipment, and motor vehicles 1585 GEORGIA MUSIC HALL OF FAME AUTHORITY Members; compensation and expense allowance 809 GEORGIA POWER COMPANY Easements across state property in Carroll County 1132 Easements in Calhoun, Clinch, Fulton, and Hall counties to Georgia Power Company and the City of Homerville 1107 GEORGIA RECORDS ACT See PUBLIC RECORDS GEORGIA SPORTS HALL OF FAME Membership of board; terms 1731 GEORGIA SUPERIOR COURT CLERKS' COOPERATIVE AUTHORITY Creation; membership, powers, and jurisdiction 1544 Financing statements; filing; central indexing system 1550 GEORGIA TRIBE OF EASTERN CHEROKEE State recognition 1813 GEORGIA TRUST FOR HISTORIC PRESERVATION, INC. Rhodes Memorial Hall; rental 1134 GLYNN COUNTY Coastal Area Games Authority; creation 5066 Conveyance to Glynn County; State Forestry Commission facilities 1145 State court; solicitor; compensation; terms 4426 GOAT ROCK LAKE Vessels with marine toilet, galley, or sleeping quarters prohibited 790 GORDON COUNTY Homestead exemption; school district taxes; referendum 4827

Page XCIX

GOVERNOR Access to child abuse reports 1712 GOVERNOR'S ADVISORY COUNCIL FOR MENTAL HEALTH, MENTAL RETARDATION, AND SUBSTANCE ABUSE Change in duties 1445 GOVERNOR'S DEVELOPMENT COUNCIL Membership; private sector members; attachment to Office of Planning and Budget 1399 GRANTS Fair and Open Grants Act; enacted; state grants; award and disbursement 1914 State grants to counties with 20,000 acres of unimproved state owned property under control of Department of Natural Resources 1071 GRANTVILLE, CITY OF Mayor and council; terms 4351 GRAYSON, CITY OF Mayor and council; elections; terms 4271 GREENE COUNTY Board of commissioners; districts 3812 Board of education; districts; terms 3820 GREENESBORO, CITY OF Municipal court; penalties 4273 GRIFFIN, CITY OF Griffin-Spalding County Board of Education; districts 5192 GRIFFIN-SPALDING COUNTY BOARD OF EDUCATION Districts 5192 GUNS Jails; prohibited items; penalty 630 Possession by certain county and city officials 604

Page C

GWINNETT COUNTY Board of education; compensation 5260 Law library fees 4614 Magistrate court; chief magistrate; compensation 4591 Recorder's court; clerk; compensation 4612 State court; additional judge 4708 H HALL COUNTY Board of commissioners; districts 3904 HANCOCK COUNTY Board of commissioners; reconstitution; districts; elections; terms; officers; compensation 4534 Board of education; election; school superintendent 4524 Sheriff; personnel; equipment 4649 Transfer to Central Savannah River Regional Development Center 1170 HANDICAPPED PERSONS Assistive Technology Warranty Act; express warranties 1797 Code revision 91 Handicapped parking; penalties 707 Joint Study Committee on Creation of a State Department, Commission, or Agency of the Deaf and Hard of Hearing; creation 1961 Motorized Wheelchair Warranty Act; express warranties 1805 HARALSON COUNTY County commissioner; sheriff; judge of the probate court; clerk of the superior court; treasurer; compensation 5138 HARDIN, WALTER L. Walter L. Hardin Bridge; designated 1158 HARRIS COUNTY Board of commissioners; districts 3552 Board of commissioners; districts; terms 3682 Board of education; elections; school superintendent 3538 HART COUNTY Board of commissioners; elections; districts; compensation; budgets; audits; powers 4232 Board of education; elections; school superintendent 4215

Page CI

Hart County Water and Sewer Utility Authority; membership; secretary and treasurer 4228 HART COUNTY WATER AND SEWER UTILITY AUTHORITY Membership; secretary and treasurer 4228 HAZARDOUS MATERIALS Transport by agricultural employees with restricted commercial drivers' licenses 797 HAZARDOUS SITES Environmental Protection Division; inventory 500 HAZARDOUS WASTE Waste Control Law; litter defined; dumping prohibited; penalties 496 HEALTH Ambulance services; licensing fee; deposit into Indigent Care Trust Fund 468 Anti-cancer drug therapy; insurance coverage 539 Civil liability immunity from disclosure of employee job performance 1056 Code revision 91 County boards; change in composition and powers 1445 Department of Human Resources; change in duties 1445 Division of Mental Health, Mental Retardation, and Substance Abuse; change in duties 1445 Emergency medical technicians, paramedics, and cardiac technicians; repeal of certain recertification requirements 1082 Financing for health equipment and facilities; Georgia Housing and Finance Authority 738 Georgia Housing and Finance Authority Act; revised to include health facilities and health care services 738 Georgia Lead Poisoning Prevention Study Committee; creation 1225 Governor's Advisory Council for Mental Health, Mental Retardation, and Substance Abuse; change in duties 1445 Hearing officers; licensing of health facilities; employed by the Department of Administrative Services 1290 Hospital Authorities Law; merger of authorities; practices and procedures; open records and meetings 1020 Hospital Financing Authority; assets and obligations transferred to Georgia Housing and Finance Authority 738 Hospital Financing Authority Act; repealed 738 Indigent Care Trust Fund; definition; deposit of moneys into the fund 1014 Inmates reimbursed for cost of medical treatment if acquitted 304 Joint Regional Hospital Study Committee; creation 1172 Notices by insurers; valuation of accident and sickness and disability plans 483 Nurses, licensed practical; licensing 471

Page CII

Patient Self-referral Act of 1993 enacted 521 Personal care home; definition 317 Pharmacists; privileged information concerning patients 1050 Respiratory care professionals; certification; temporary permits; reciprocity; uncertified practice; exemptions; immunity for emergency care 1497 Unlicensed home health services; representation regarding services 1676 HEARING Joint Study Committee on Creation of a State Department, Commission, or Agency of the Deaf and Hard of Hearing; creation 1961 HEARING AID DISPENSERS Application for examination 452 HEAVY-DUTY EQUIPMENT Defined; taxation if owned by nonresidents 1012 HIAWASSEE, CITY OF New charter 5262 HIGH FALLS LAKE Boat docks; permits; State Properties Commission; licenses 396 HIGHWAYS, BRIDGES, AND FERRIES Bobby Jones Crosswalk; designated 1159 Bus shelters; permits for erection and maintenance 1732 Chattahoochee Valley Trail Scenic Highway; designated 1161 Code revision 91 Costs of removal of obstructions and encroachments and repair of public roads; reimbursement to Department of Transportation 315 Department of Transportation; removal of unattended vehicles 370 Dick Lane Bridge; designated 1221 Excess dimensions; permits for loads of preengineered and premanufactured wood roof and floor trusses 348 Federal Intermodal Surface Transportation Efficiency Act of 1991; implementation at state level 1362 Floyd L. Norton Bridge; designated 1180 Interstate Rail Passenger Network Compact; enacted 419 Judge W. A. Foster, Jr., Bridge; designated 1100 Lanette O'Neal Faulk Memorial Bridge; designated 1195 Length of unprocessed forest products; warning flags 786 Lt. Harold Pinky Durham Medal of Honor Highway; designated 1221 Lucius D. Clay Memorial Parkway; designated 1137 Medal of Honor Highway for Freeman V. Horner; designated 1169 Outdoor advertising signs; judicial review; Department of Transportation 969

Page CIII

Phillip M. Landrum Memorial Highway; designated 1175 R. G. Daniell, Sr., Memorial Highway; designated 1161 Ride-sharing programs; financial support 373 State Tollway Authority; property; jurisdiction of Department of Transportation Enforcement Officers; toll fee 366 Syble Brannan Parkway; designated 1102 Transportation enhancement activities; defined 914 Travel lanes; penalties for violations of use 363 Veterans Memorial Highway; designated 1179 Walter L. Hardin Bridge; designated 1158 Wayne Garner Parkway; designated 1195 HISTORIC CHATTAHOOCHEE COMMISSION Methods of selecting members; voting members 429 HISTORICAL PRESERVATION Civil War Commission; creation 1952 Commission on the Preservation of the State Capitol; creation 1541 Georgia Historical Records Advisory Board; creation 1087 Records disclosure; exemption for archival records of historical value; limitation to 75 years 1669 HOMERVILLE, CITY OF Easement over state property 1107 HOMESTEAD EXEMPTION Designation of board of tax assessors to receive application 577 Waiver for failure to file application 1777 HORNER, FREEMAN V. Medal of Honor Highway for Freeman V. Horner; designated 1169 HORTICULTURAL GROWING MEDIA Regulation; Commissioner of Agriculture; administration and enforcement 986 HOSPITAL AUTHORITIES LAW Merger of authorities; practices and procedures; open records and meetings 1020 HOSPITAL FINANCING AUTHORITY ACT Repealed 738

Page CIV

HOSPITALS Hospital Financing Authority Act; repealed 738 Joint Regional Hospital Study Committee; creation 1172 HOUSE OF REPRESENTATIVES Districts; reapportionment 813 HOUSEPARENTS Property and liability insurance for houseparents 416 HOUSING See BUILDING AND HOUSING HOUSING AUTHORITIES LAW Investment of funds; bonds 1067 HOUSTON COUNTY Board of commissioners; meetings 4020 Houston County Efficiency in Governmental Services Commission; creation 5336 HUNTING Bears constituting a threat 392 Hunter education courses; proof of completion; nonresident hunting licenses 779 See also GAME AND FISH I IGNITION INTERLOCK DEVICES Condition of probation; mandatory upon third conviction; fees; monitoring; unlawful acts 568 IMMUNITY Dental students 1051 Lottery corporation; setoff debt collection 1037 State agencies, departments, boards, and bureaus 1037 INCOME TAX Corporate dividends 1649 Internal Revenue Code; defined 728 Job tax credits in less-developed areas 1649

Page CV

Withholding by buyer of realty from nonresident; procedures; exemptions; penalties; liens 768 Withholding on distributions by partnerships, Subchapter S corporations, and limited liability companies to certain nonresidents 597 INDEPENDENT CONTRACT CARRIERS Unemployment compensation or workers' compensation coverage; exempted 323 INDIAN TRIBES State recognition 1813 INDIGENT CARE TRUST FUND Ambulance services; licensing fee; deposit into fund 468 Definition; deposit of moneys into the fund 1014 INDIGENTS Georgia Indigent Defense Council; members; programs; committees 308 INDUSTRIAL FACILITIES Financing; Georgia Housing and Finance Authority 738 INMATES See PENAL INSTITUTIONS INNOCULATIONS Licensing; repeal of restriction of surgery or invasive procedures altering tissue to physicians, veterinarians, dentists, or podiatrists 349 INSURANCE Accidents involving a firefighter or emergency medical technician; surcharge of premium or rate prohibited 542 Agents; display of certificate of licensure 702 Anti-cancer drug therapy; coverage 539 Certain children covered by Medicaid covered by Commissioner of Insurance plan 1985 Code revision 91 Counselors; fees; separate transaction defined 778 Fraternal benefit societies 1744 Houseparents; liability and property insurance 416 Insurers; certificates or instruments of securities; rules of the Commissioner of Insurance 1721 Liability and property insurance for houseparents 416

Page CVI

Local public entities; temporary insurance coverage; Commissioner of Insurance; authority 320 Motor vehicle; failure to maintain proof; suspension of vehicle registration and license plate repealed; conditions for restricted driving permit 936 Nonprofit educational organization plans; exemptions 329 Payment of dividends by certain insurers; reasonableness of surplus; domestic stock dividends 625 Premium discounts for certain drivers; requirements 611 Property and liability insurance for houseparents 416 Public schools; insurance coverage; retired employees 1987 Revision of provisions regarding notices by insurers; valuation of accident and sickness and disability plans 483 Small Business Protection Act of 1993; workers' compensation policies; cancellation or nonrenewal notices; certified mail 1507 State Forestry Commission; unpaid volunteers; services; expenses; insurance coverage 423 Unemployment compensation or workers' compensation coverage; independent contract carriers; exempted 323 Workers' compensation; administrative law judges; service on state board for appeals; experience modification worksheets 1365 Workers' compensation; inmates or persons on work release programs; no eligibility for benefits 491 Workers' compensation; Small Business Protection Act of 1993; policies; cancellation or nonrenewal notices; certified mail 1507 Workers' compensation; State Board of Workers' Compensation; access to records of fatal cases 1396 Workers' compensation policies; premium reductions; drug-free workplace 1512 Written notice to claimants of payment of claims to attorneys in third-party settlements 1048 INSURANCE DEPARTMENT Unclassified service; certain employees 510 INTERGOVERNMENTAL CONTRACTS Defense Finance and Accounting Facility 1 Execution by local governments; federal programs 792 INTERNAL REVENUE CODE Definition revised 728 INTERSTATE RAIL PASSENGER NETWORK COMPACT Enacted 419 IRWIN COUNTY Board of education; elections; school superintendent 3757

Page CVII

J JACKSON COUNTY Superior court; terms of court 805 JAILS See PENAL INSTITUTIONS JASPER COUNTY Board of commissioners; districts; elections 4641 Board of Education; election; school superintendent 4622 Transfer to Middle Georgia Regional Development Center 1170 JASPER, CITY OF Corporate limits 4934 JEFF DAVIS COUNTY Board of commissioners; compensation 4602 Board of education; compensation; expenses 4606 Brunswick Judicial Circuit; judges; district attorney; salary supplement 4604 JEFFERSON COUNTY Magistrate court; chief magistrate; compensation 4834 JEFFERSON, CITY OF Board of education; election; powers; officers; terms; compensation 3722 Mayor and council; districts; terms; elections 3730 JEKYLL ISLAND MUSICAL THEATRE FESTIVAL Designated as official musical theatre of state 934 JOHNSON COUNTY Transfer to Central Savannah River Regional Development Center 1170 JOINT COMMISSION ON LEGISLATIVE INFORMATION MANAGEMENT Creation 1216 JOINT REGIONAL HOSPITAL STUDY COMMITTEE Creation 1172

Page CVIII

JOINT STUDY COMMISSION ON REVENUE STRUCTURE Re-creation 1965 JOINT STUDY COMMITTEE ON CREATION OF A STATE DEPARTMENT, COMMISSION, OR AGENCY OF THE DEAF AND HARD OF HEARING Creation 1961 JONES, BOBBY Bobby Jones Crosswalk; designated 1159 JUDGE W. A. FOSTER, JR., BRIDGE Designated 1100 JUDGES Judges of the Probate Courts Retirement Fund of Georgia 801 Recusal upon conflict of interest; local government representation 981 Trial Judges and Solicitors Retirement Fund 803 See also COURTS JUDGES OF THE PROBATE COURTS RETIREMENT FUND OF GEORGIA Increases in maximum monthly benefit 801 JUVENILE COURTS Athens-Clarke County; intake and probation services; transfer; Department of Children and Youth Services 4918 Authority to apprehend unruly and delinquent children; Department of Children and Youth Services 966 Custody and detention of children; probation officers 438 Judges; recusal upon conflict of interest; local government representation 981 Mediation services; fees 931 Proceedings; disposition orders and temporary transfers of custody; evidence of family violence 1716 School officials; access to juvenile court records and child abuse records 979 K KENNESAW, CITY OF Corporate limits 4767

Page CIX

L L. C. POORE, MRS. Compensation 1198 LABOR AND INDUSTRIAL RELATIONS Boiler and Pressure Vessel Safety Act; air storage tanks; exempted 434 Civil liability immunity from disclosure of employee job performance 1056 Code revision 91 Department; supplemental appropriations for fiscal year 1992-1993 765 Older Worker Task Force; creation 1958 Small Business Protection Act of 1993; workers' compensation policies; cancellation or nonrenewal notices; certified mail 1507 State Board of Workers' Compensation; access to records of fatal cases 1396 Unemployment compensation or workers' compensation coverage; independent contract carriers; exempted 323 Workers' compensation; administrative law judges; service on state board for appeals; experience modification worksheets 1365 Workers' compensation; inmates or persons on work release programs; no eligibility for benefits 491 Workers' compensation policies; premium reductions; drug-free workplace 1512 LAGRANGE, CITY OF Expenditures; education 4354 Mayor and council; composition; districts; referendum 3909 Mayor and council; elections; referendum 3941 Mayor and council; powers; cable television 4318 LAKE BLUE RIDGE Marine toilets; restrictions; federal law precedence 459 LAKE HARDING Vessels with marine toilet, galley, or sleeping quarters prohibited 790 LAKE JACKSON Vessels with marine toilet, galley, or sleeping quarters prohibited 790 LAKE OLIVER Vessels with marine toilet, galley, or sleeping quarters prohibited 790 LAKE WORTH Vessels with marine toilet, galley, or sleeping quarters prohibited 790

Page CX

LAMAR COUNTY Homestead exemption; county and school district taxes; referendums 5117 LAMPKIN, MR. ALBERT AND MRS. DELLA MAE Compensation 1199 LAND REGISTRATION Liens for federal taxes; filing, indexing, and recording 361 LANDRUM, PHILLIP M. Phillip M. Landrum Memorial Highway; designated 1175 LANDSCAPE ARCHITECTS Georgia Board of Landscape Architects; licensing; qualifications; continuing education; firms; ads; exceptions 1023 LANE, DICK Dick Lane Bridge; designated 1221 LANETTE O'NEAL FAULK MEMORIAL BRIDGE Designated 1195 LANIER COUNTY Board of commissioners; compensation 4916 LAURENS COUNTY Board of education; compensation; expenses 4408 LAW ENFORCEMENT OFFICERS AND AGENCIES Access to child abuse reports 1712 Application, jurisdiction, and enforcement of protective orders 788 Authority to apprehend unruly and delinquent children; Department of Children and Youth Services 966 Code revision 91 County or city law enforcement officers; transporting arrested persons 710 Duties, powers, and arrest authority within city limits 1688 Employees of Department of Children and Youth Services to apprehend escapees and those who have broken supervision conditions 313 Firearms; possession by certain county and city officials 604 Juvenile courts; custody and detention of children; probation officers 438

Page CXI

Peace Officers' Annuity and Benefit Fund; medical examination; disability benefits 1000 Police chiefs and department heads; training 1780 Prisoners; mutiny redefined 808 Sheriffs; deposit of funds held; interest-bearing accounts 1673 Sheriffs; filling of vacancies; local law 1389 Sheriffs; minimum annual salaries Vetoed HB 206 Sheriffs; qualifications and training; exemptions 724 Stalking; defined; prohibited; penalties; exceptions 1534 Stolen motor vehicles; notice to owner upon recovery 762 LEAD Georgia Lead Poisoning Prevention Study Committee; creation 1225 LEE COUNTY Board of education; election; school superintendent 5130 LEON SAMUELS, SR. Conveyance of state property authorized 1185 LIBERTY COUNTY Board of commissioners; districts 4151 Board of education; compensation 4195 Board of education; districts; election; compensation 4162 Board of elections; creation 4174 Coastal Area Games Authority; creation 5066 LICENSE FEES Occupation taxes and regulatory fees; local governments; comprehensive revision 1292 Transient merchants; county license fees fixed by county governing authority 787 LICENSE PLATES Amateur radio operators; free special plates Vetoed HB 292 Antique vehicles; special plates 1678 Disabled veterans; qualification procedures for special plates 467 Hobby vehicles; special plates 1678 Motor vehicle distributors; special plates 296 Olympics; special plates; revenue commissioner to negotiate and execute licensing agreement 972 Revalidation decals; lack; penalties 698 Revocation if check returned 972 Special interest vehicles; special plates 1678 Special plates; antique vehicles 1678 Special plates; free for amateur radio operators Vetoed HB 292

Page CXII

Special plates; hobby vehicles 1678 Special plates; qualification procedures for disabled veterans 467 Special plates; special interest vehicles 1678 Special plates for motor vehicle distributors 296 Special plates for Olympics; revenue commissioner to negotiate and execute licensing agreement; design owned by state 972 Special plates for veterans awarded Purple Hearts; manufacturing and registration fees 1793 Suspension for failure to maintain proof of insurance repealed 936 Veterans awarded Purple Hearts; manufacturing and registration fees 1793 LICENSED PRACTICAL NURSES Licensing; qualifications; examinations; reinstatement; temporary permits 471 LICENSING Application to include query regarding license revocation, suspension, denial, or nonrenewal 427 Auctioneers; qualifications; apprentices; reciprocity; revocation and suspension; inspector; exemptions 1030 Audiologists; provisional licenses 1510 Audiologists employed by educational institution and certified; exemption from licensure 1510 Chiropractors; hot and cold packs; nonprescription structural supports 1719 Construction contractors; certificates; sanctions; continuing education; utility managers and foremen; applications; bid limits; exceptions 1339 Dental hygienists; temporary license; applicant who has failed examination not eligible 450 Driver training instructors; licenses valid for two years 453 Drivers' licenses; commercial; restricted licenses for agricultural employees 797 Drivers' licenses; ignition interlock devices 568 Drivers' licenses; mandatory suspension for specified convictions; restoration; new license for habitual violator 940 Drivers' licenses; replacement due to name or address change; fee 615 Drivers' licenses; suspended; custody; return; fees; destruction 1665 Drivers' licenses; suspension; restoration; new licenses for habitual violators 940 Family therapy 330 Hearing aid dispensers; application for examination 452 Marriage and family therapy 330 Medicine; unlicensed practice does not include licensed practice of psychology 355 Nurses; licensed practical 471 Occupational therapists; qualifications; exemptions 1042 Professional counseling 330 Psychologists; exceptions; neuropsychology; penalties 355 Psychologists; licensing exemption for state or local government employees practicing at facilities for persons with mental retardation 418 Racetracks; licensing of operators transferred to Safety Fire Commissioner 725 Repeal of restriction of surgery or invasive procedures altering tissue to licensed physicians, veterinarians, dentists, or podiatrists 349

Page CXIII

Respiratory care professionals; certification; temporary permits; reciprocity; uncertified practice; exemptions; immunity for emergency care 1497 Social work 330 Speech-language pathologists; provisional licenses 1510 Temporary licenses; dental hygienists; applicant who has failed examination not eligible 450 Veterinarians; nonsurgical transfer of embryos exempted 700 LIENS Boarders of animals; notice; disposal of animal; liability of owner after disposal for treatment, care, or boarding 1044 Commercial Real Estate Broker Lien Act 1490 Federal taxes; registration; filing, indexing, and recording in general execution docket 361 Lottery prizes; setoff debt collection; liens; interpleader actions; priority; immunity; confidentiality 1037 Mechanics and materialmen's liens; notice of lien rights; recording 1008 Property of buyer of realty from nonresident who fails to withhold tax 768 Veterinarians; notice to owner; disposal of animal; liability of owner after disposal for treatment, care, or boarding 1044 LIEUTENANT GOVERNOR Access to child abuse reports 1712 LIFE CYCLE COSTS Defined 1398 Purchases by state departments, agencies, and authorities to take into account 1398 LIFE WITHOUT PAROLE Imposition of sentence 1654 LIMITED LIABILITY COMPANIES Formation, operation, and dissolution 123 LINCOLN COUNTY Treasurer; office abolished 4745 LITTER Waste Control Law; litter defined; dumping prohibited; penalties 496 LOCAL BOARDS OF EDUCATION Ad valorem taxes; publication of reports 947

Page CXIV

Business with financial institutions 1687 Exempt from certain county and city fees 541 Grants for programs; charter school status; terms of charter 1440 Local public entities; temporary insurance coverage; Commissioner of Insurance; authority 320 Local school superintendents; minimum salary; state funds 1667 Membership; terms; salaries; vacancies 1279 Newspaper publication of reports regarding ad valorem taxes 947 Registration of service marks 462 See also EDUCATION LOCAL GOVERNMENT Advertisement of intent to increase ad valorem taxes 947 Alternative dispute resolution programs; creation and funding; practices and procedures 1529 Amnesty for property tax Vetoed SB 139 Application, jurisdiction, and enforcement of protective orders 788 Audits of financial affairs and transactions; expenditures 717 Bus shelters; permits for erection and maintenance 1732 Certain public offices; nonpartisan; straight party voting Votoed SB 283 Clerk of superior court; designation of county records manager 1074 Code revision 91 Convention and trade show facilities; support from proceeds of hotel and motel tax 995 Counties and municipal corporations; consolidation approval; referendum 394 Counties and municipal corporations; federal programs; expenditure of revenues 792 County or city law enforcement officers; transporting arrested persons 710 Duties, powers, and arrest authority within city limits 1688 Firearms; possession by certain county and city officials 604 Hotel and motel tax; spending portion of proceeds for promoting museums of aviation and aviation halls of fame 442 Hotel and motel tax; spending portion of proceeds for supporting certain convention and trade show facilities 995 Judges; recusal upon conflict of interest; local government representation 981 Local boards exempt from certain county and city fees 541 Local Government Efficiency Act; state grants programs; required performance audits 1574 Local public entities; temporary insurance coverage; Commissioner of Insurance; authority 320 Municipal corporations; disposition of property 795 Municipal corporations; inactive status; repeal of charter 1579 Occupation taxes and regulatory fees; local governments; comprehensive revision 1292 Prisoners; mutiny redefined 808 Property tax; amnesty Vetoed SB 139 Public accommodations levies; spending portion of proceeds for supporting certain convention and trade show facilities 995 Public accommodations levies; spending portion of proceeds on promoting museums of aviation and aviation halls of fame 442

Page CXV

Public works contractors; bonds and security deposits 1003 Publication of reports regarding ad valorem taxes 947 Purchasing; factors for selecting lowest responsible bidder in certain counties 588 Purchasing from sheltered workshops and training centers 1736 Purchasing in certain counties; sealed bids; written bids; purchases without competition 288 Regional development centers 1374 Restrictions on campaign and polling activities 712 State grants; award and disbursement 1914 Transient merchants; county license fees fixed by county governing authority 787 Voting precincts; maps 617 Workers' compensation; inmates or persons on work release programs; no eligibility for benefits 491 Zoning; procedure for adopting ordinance 806 See also COUNTIES and MUNICIPAL CORPORATIONS LOCAL GOVERNMENT EFFICIENCY ACT State grants programs; required performance audits 1574 LOCAL SCHOOL SUPERINTENDENTS Minimum salary; state funds 1667 LONG COUNTY Coastal Area Games Authority; creation 5066 Sheriff; deputies 4382 LORRAINE STRICKLAND Compensation 1197 LOTTERIES Debt collection from lottery prizes; liens; priority; immunity; confidentiality; interpleader actions 1037 Licensed alcoholic beverage retail dealers; advertising and promoting lawful lotteries 1073 LOWER MUSCOGEE CREEK TRIBE State recognition 1813 LT. HAROLD PINKY DURHAM MEDAL OF HONOR HIGHWAY Designated 1221 LUCIUS D. CLAY MEMORIAL PARKWAY Designated 1137

Page CXVI

M MACON, CITY OF Macon Pensions and Retirement System; disability 5499 MADISON, CITY OF Mayor and council; elections; districts; terms; vacancies 3748 MAGISTRATE COURTS Alternative dispute resolution programs; creation and funding; practices and procedures 1529 Baldwin County; chief magistrate; election; vacancies 4473 Brantley County; chief magistrate; compensation 4857 Chatham County; chief magistrate and magistrates; minimum salaries 5340 Civil proceedings; procedures and practices 974 Clay County; chief magistrate as deputy clerk of superior court 4573 Clayton County; chief magistrate; election; terms; vacancies 4501 Dougherty County; chief magistrate; magistrates; selection; compensation; vacancies; clerk; personnel 4406 Fines; county and authority ordinances 910 Gwinnett County; chief magistrate; compensation 4591 Gwinnett County; law library fees 4614 Jefferson County; chief magistrate; compensation 4834 Judges; recusal upon conflict of interest; local government representation 981 Randolph County; chief magistrate; election; judge of the probate court 4929 Senior magistrate; created; Council of Magistrate Court Judges; composition 910 State court clerks; service as clerks; compensation 1061 Whitfield County; nonpartisan elections 4435 Wilkinson County; chief magistrate, magistrates, and clerk; compensation 4922 MALT BEVERAGES Coliseum authorities; sale 325 Jails; prohibited items 630 Production by head of the household; limit 537 See also ALCOHOLIC BEVERAGES MANCHESTER, CITY OF Ordinances; procedure 5471 Title to state property 1139 MARIETTA, CITY OF Board of education; elections 3778 Board of education; membership 3801 Board of education; taxation; bonded indebtedness; fiscal year 3803 City treasurer; finance director 4855

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Cobb-Marietta Coliseum and Exhibit Hall Authority; convention facility name 4286 Cobb-Marietta Coliseum and Exhibit Hall Authority; members; terms 4495 Wards 5478 MARINE TOILETS Prohibition on specified lakes 790 Restrictions on Lake Blue Ridge; federal law precedence 459 MARION COUNTY Board of commissioners; compensation 4282 Board of education; nonpartisan primaries and elections 4006 MARRIAGE AND FAMILY THERAPY Licensing 330 MASTER CITY LITTLE LEAGUE, INC. Lease of state property 1200 MCCOLLUM, TIM Tim McCollum d/b/a Currahee Paging; sublease of state property 1208 MCINTOSH COUNTY Coastal Area Games Authority; creation 5066 State court; creation 4543 Superior court; terms of court 447 MECHANICS AND MATERIALMEN'S LIENS Notice of lien rights; recording 1008 MEDAL OF HONOR HIGHWAY FOR FREEMAN V. HORNER Designated 1169 MEDIATION Alternative dispute resolution programs; creation 1529 Juvenile courts; services; fees 931 MEDICAID Certain children covered by Medicaid covered by Commissioner of Insurance plan 1985

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MEDICAL ASSISTANCE Notice of action involving recipients of medical assistance 1080 MEDICAL CARE Chiropractors; hot and cold packs; nonprescription structural supports 1719 Immunity for physicians for student athletes without compensation 1278 Inmates reimbursed for cost if acquitted 304 Liability for physicians treating student athletes for willful or wanton acts or omissions 1278 Licensing; repeal of restriction of surgery or invasive procedures altering tissue to physicians, veterinarians, dentists, or podiatrists 349 Licensing; unlicensed practice of medicine does not include licensed practice of psychology 355 Licensing nurses, licensed practical 471 Licensing respiratory care professionals; certification; temporary permits; reciprocity; uncertified practice; exemptions; immunity for emergency care 1497 Patient Self-referral Act enacted 521 See also HEALTH MEDICAL EXAMINERS Access to child abuse reports 1712 MENLO, CITY OF City elections; mayor and council; terms 4843 MENTAL HEALTH Substantial revision of statutory provisions relating thereto 1445 MERCHANTS Occupation taxes; local governments; comprehensive revision 1292 Transient merchants; county license fees fixed by county governing authority 787 See also COMMERCE AND TRADE MERIWETHER COUNTY Board of commissioners; districts; terms 4805 Board of education; districts; terms 4795 METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY Operating costs; tax revenue 5251

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METTER, CITY OF Metter-Candler County Charter Commission; creation 4386 MIDDLE GEORGIA REGIONAL DEVELOPMENT CENTER Transfer of counties from the Oconee R.D.C. to the Middle Georgia R.D.C. 1170 MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS Defense Finance and Accounting Facility 1 Disabled veterans; special license plates 467 Militia members' rights, privileges, and prohibitions applicable to members of other states' militia 1774 Purple Heart recipients; special license plates 1793 Veterans Memorial Highway; designated 1179 MILLEN, CITY OF Corporate limits 4359 MILLER COUNTY Motor vehicle registration periods; Act repealed 4310 MINORS Abuse exemption; good faith treatment by prayer 1712 Abuse reports; access 1712 Aid to Families With Dependent Children; revision of eligibility, benefits 1969 Authority to apprehend unruly and delinquent children; Department of Children and Youth Services 966 Bicycles; helmets for persons under 16 518 Bicycles; no fine or imprisonment for persons under 16 violating provisions for children as passengers or wearing helmets for persons under 16 518 Bicycles; passengers who are children 518 Blood and genetic testing for paternity; presumption 1980 Broken conditions of supervision; arrest powers and search warrants for employees designated to apprehend 313 Certain children covered by Medicaid covered by Commissioner of Insurance plan 1985 Change of child custody; terms; 1983 Child abuse reports; public inspection; child fatality review subcommittees 1695 Child Fatality Review Panel; name changed to Child Abuse Prevention Panel 1941 Child Fatality Review Panel; name changed to Child Abuse Prevention Panel 1695 Child molestation; second or subsequent offenses; stiffer penalties and incarceration 715 Child support; withholding of wages; findings and orders 585 Child support enforcement; employees; registry records 1983

Page CXX

Cohabitation as grounds for revision of child support 1091 Defined for purposes of year's support 1054 Electronically furnishing obscene material to minors; definitions 735 Escaped from facilities of Department of Children and Youth Services; search warrants and arrest powers for employees to apprehend 313 Foster care home; defined 757 Georgia Child Care Council; members; existence continued as long as federal funding available 1063 Houseparents; liability and property insurance 416 Hunter education courses; proof of completion; nonresident hunting licenses 779 Original action upon adoption by stepparent 456 Records check for foster parents and other adults; violations; immunity for child-placing agency and its director 757 Recovery for wrongful death of spouse of parent; division between spouse and children; minor children 1055 Sexual abuse defined 1712 Special needs children; payment for placement 1969 Tobacco products; sale or distribution to or possession by minors; licensing of vendors 343 MISDEMEANORS Abandonment of derelict vehicle 772 Practice of respiratory care without certification 1497 Psychology; practicing without a license 355 Use of foster care home with foster parent who has a criminal record 757 MITCHELL COUNTY Board of commissioners; districts 3784 Board of education; districts; elections; vacancies; chairperson 3792 MOBILE HOMES Titles 1260 MONROE COUNTY Board of commissioners; districts; terms 3881 Board of education; election; school superintendent 3857 MONROE, CITY OF Mayor and council; elections; districts; terms 5168 MONTEZUMA, CITY OF Conveyance of state property 1189

Page CXXI

MONUMENTS Civil War Commission; creation 1952 MORELAND, TOWN OF Mayor and council; terms; elections; special election 4213 MORGAN COUNTY Board of commissioners; districts 3659 Board of education; districts 3667 MORROW, CITY OF Homestead exemption; city taxes; referendum 4446 MORTGAGE LENDERS AND BROKERS Licensing; fees; practices and procedures 543 MOTOR COMMON CARRIER Definition revised 579 MOTOR CONTRACT CARRIER Definition revised 579 MOTOR FUEL TAX LAW Exemptions; export; import; loading racks; minimum documentation for interstate and international shipments; rules; terminal operators; reports; terminals; violations 1502 Reimbursement deduction for dealers 995 MOTOR VEHICLE DISTRIBUTORS Special license plates 296 MOTOR VEHICLES AND TRAFFIC Abandoned vehicles; notice 772 Accidents involving a firefighter or emergency medical technician; surcharge of premium or rate prohibited 542 Ad valorem taxes; county where returned 303 Agricultural employees; restricted commercial drivers' licenses 797 Amateur radio operators; free special license plate Vetoed HB 292 Antique vehicles; special license plates; special permits; fair market value for taxation 1678

Page CXXII

Bicycle safety; children as passengers; helmets for persons under 16; violations not evidence of negligence 518 Bus shelters; permits for erection and maintenance 1732 Casual sale; defined 1815 Casual sales; designation of tag agents as agents for collecting sales and use tax 1815 Cellular radio telephones; interception of communications prohibited 299 Code revision 91 Commercial drivers' licenses; restricted licenses for agricultural employees 797 Consent for alcohol or drug test 940 Contractors providing probation services; prohibited conduct relating to defensive driving or DUI alcohol or drug use risk reduction programs 454 Costs of removal of obstructions and encroachments and repair of public roads; reimbursement to Department of Transportation 315 Damaged vehicles; titles 1260 Defensive driving and DUI alcohol or drug use risk reduction programs; prohibited conduct for contractors providing probation services 454 Defined to exclude heavy-duty equipment for taxation purposes 1012 Department of Transportation; removal of unattended vehicles 370 Derelict vehicles 772 Disabled veterans; qualification procedures for special license plates 467 Driver improvement clinics; unfair or deceptive practices 1076 Driver training instructors; licenses valid for two years 453 Drivers' licenses; consent for alcohol or drug test 940 Drivers' licenses; ignition interlock devices required for reinstatement 568 Drivers' licenses; limited permit upon installation of ignition interlock device 568 Drivers' licenses; mandatory suspension for specified convictions; restoration of suspended license; new license for habitual violator 940 Drivers' licenses; replacement due to name or address change; fee 615 Drivers' licenses; restricted commercial licenses for agricultural employees 797 Drivers' licenses; suspended; custody; return; fees; destruction 1665 DUI alcohol or drug use risk reduction or defensive driving programs; prohibited conduct for contractors providing probation services 454 DUI alcohol or drug use risk reduction program; completion mandatory for new license for habitual violators or restoration of suspended license 940 DUI conviction; ignition interlock devices 568 Failure to maintain proof of insurance; suspension of vehicle registration and license plate repealed 936 Federal Intermodal Surface Transportation Efficiency Act of 1991; implementation at state level 1362 Fees; driver's license replacement due to name or address change 615 Fees; ignition interlock devices 568 Fees; issuance of title for vehicle previously titled in another county 1260 Fees; manufacturing and registration for special license plates for veterans awarded Purple Hearts 1793 Handicapped parking; penalties 707 Hobby vehicles; special license plates; special permits not required; fair market value for taxation 1678 Ignition interlock devices; as condition of probation or reinstatement of driver's license or obtaining probationary license; fees 568

Page CXXIII

Insurance, failure to maintain proof of; suspension of vehicle registration and license plate repealed; conditions for restricted driving permit 936 Length of unprocessed forest products; warning flags 786 License plates; county where motor vehicle returned 303 License plates; disabled veterans; qualification procedures for special plates 467 License plates; free special plate for amateur radio operators Vetoed HB 292 License plates; revalidation stickers; lack; penalties 698 License plates; revocation if check returned 972 License plates; special plates for motor vehicle distributors 296 License plates; suspension for failure to maintain proof of insurance repealed 936 License plates; tag agents designated as agents for collecting sales and use tax on casual sales 1815 Licensing of racetrack operators transferred to Safety Fire Commissioner 725 Mobile homes; titles 1260 Motor contract carriers and common carriers; ambulances excluded; amber reflectors required for certain pulpwood and pole trailers 579 Motor fuel tax law revised 1502 Motor vehicle distributors; special license plates 296 Nonrebuildable vehicles; titles 1260 Olympics; special license plates; revenue commissioner to negotiate and execute licensing agreements; design owned by state 972 Premium discounts for certain drivers; requirements for insurance 611 Probationary driver's license; ignition interlock devices as condition for obtaining 568 Pulpwood and pole trailers; amber reflectors 579 Racetracks; licensing of operators transferred to Safety Fire Commissioner 725 Registration of vehicle; suspension for failure to maintain proof of insurance repealed 936 Registration proof; concurrent registration and title applications; notice to owner 1260 Regulation of the distribution of tractors, farm equipment, heavy equipment, and motor vehicles 1585 Restricted driving permit; conditions after failure to maintain proof of insurance; extreme hardship defined 936 Revision of provisions regarding notices by insurers; valuation of accident and sickness and disability plans 483 Ride-sharing programs; financial support 373 Safety belts; failure to wear not evidence of negligence 516 Safety belts; use for minors over four; fine for violation 516 Salvage vehicles; titles 1260 School buses; tire treads 727 Special interest vehicles; special license plates; special permits not required; fair market value for taxation 1678 Special license plates; antique vehicles 1678 Special license plates; free for amateur radio operators Vetoed HB 292 Special license plates; hobby vehicles 1678 Special license plates; motor vehicle distributors 296 Special license plates; Olympics; revenue commissioner to negotiate and execute licensing agreement; design owned by state 972 Special license plates; Purple Hearts 1793

Page CXXIV

Special license plates; qualification procedures for disabled veterans 467 Special license plates; special interest vehicles 1678 Stolen motor vehicles; notice to owner upon recovery 762 Suspended drivers' licenses; custody; return; fees; destruction 1665 Suspended drivers' licenses; mandatory for specified convictions; completion of DUI alcohol or drug use risk reduction program 940 Suspension of vehicle registration and license plate for failure to maintain proof of insurance; repealed 936 Tax collectors and commissioners; designation as agents for collection of sales and use tax on casual sales 1815 Taxes; ad valorem; county where returned 303 Tire treads for school buses 727 Titles; concurrent title and registration applications, salvage vehicles; cancellation; notice; stolen vehicles; vehicles damaged by flood or fire 1260 Titles; nonrebuildable vehicles; mobile homes; fees; vehicles so damaged that safe repair impossible 1260 Travel lanes; penalties for violations of use 363 Veterans awarded Purple Hearts; special license plates 1793 MOTORIZED WHEELCHAIR WARRANTY ACT Express warranties 1805 MULCH State purchasing 531 MUNICIPAL CORPORATIONS Audits of financial affairs and transactions; expenditures 717 Bus shelters; permits for erection and maintenance 1732 Consolidation; approval; referendum 394 Disposition of property 795 Federal programs; expenditure of revenues 792 Inactive status; repeal of charter 1579 Local Government Efficiency Act; state grants programs; required performance audits 1574 Occupation taxes; regulatory fees; comprehensive revision 1292 Public works contractors; bonds and security deposits 1003 Zoning; procedure for adopting ordinance 806 MUNICIPAL COURTS Albany; judge 5496 Atlanta; municipal court; penalties; victims and witnesses assistance programs 4637 Austell; bail bond and fine schedule 5488 Austell; penalties 5492 Columbus, Georgia; judges; clerk; marshal; salary supplements 4849 Edison; penalties 5445 Euharlee; penalties 4953

Page CXXV

Forsyth; powers; jurisdiction 4780 Greensboro; penalties 4273 Judges; recusal upon conflict of interest; local government representation 981 Nelson; penalties; certiorari 5181 MUNICIPAL ELECTRIC AUTHORITY OF GEORGIA Easement over state property in Crisp County 1139 MUSCOGEE COUNTY Board of education; elections; terms; meetings; taxes 4784 Columbus, Georgia; coroner; tax commissioner; salary supplements 4849 Columbus, Georgia; municipal court; judges; clerk; marshal; salary supplements 4849 Columbus, Georgia; state court; judges; solicitor; salary supplement 4849 Columbus, Georgia; superior court; clerk; sheriff; salary supplements 4849 Coroner; compensation 4847 New charter for county-wide government 4978 Sheriff; compensation 4851 MUSIC Georgia Music Hall of Fame Authority; members; compensation and expense allowance 809 MUSICAL THEATRE Official musical theatre of state designated; Jekyll Island Musical Theatre 934 N NATURAL GAS DISPENSERS Display of measurement 811 Safety Fire Commissioner; dispensing of compressed natural gas for vehicular fuel; additional fee 448 NEGLIGENCE Bicycles; violation regarding children as passengers or not wearing helmets not negligence per se or evidence of negligence 518 Evidence of negligence; failure to wear motor vehicle seat belts 516 Evidence of negligence; violation regarding children as bicycle passengers or not wearing helmets for persons under 16 518 Motor vehicle seat belts; failure to wear not evidence of negligence 516 Roller skating; duties of centers and skaters; assumption of risk; liability 719

Page CXXVI

NELSON, CITY OF Reincorporation; council; elections; meetings; ordinances; municipal court; penalties; certiorari 5181 NEUROPSYCHOLOGY Defined 355 NEWNAN, CITY OF Mayor and council; cable television services; eminent domain; Board of Water, Sewerage, and Light Commissioners 4515 NEWTON COUNTY Board of commissioners; districts; terms 4370 Board of education; districts; terms; elections 4361 NONPROFIT EDUCATIONAL ORGANIZATION PLANS Exemptions 329 NONRESIDENT Defined for purposes of withholding tax from sale of realty by nonresident 768 NORCROSS, CITY OF Corporate limits 4725 Municipal elections; terms 4727 NORTH GEORGIA MOUNTAINS AUTHORITY Members of the Board of Natural Resources; authority of the Authority 1683 NORTH GEORGIA REGIONAL DEVELOPMENT CENTER Cherokee County; transfer to the Atlanta Regional Commission from the North Georgia Regional Development Center ratified 1177 NORTH HIGHLANDS LAKE Vessels with marine toilet, galley, or sleeping quarters prohibited 790 NORTON, FLOYD L., BRIDGE Designated 1180

Page CXXVII

NURSES Licensed practical nurses; licensing 471 Licensing; repeal of restriction of surgery or invasive procedures altering tissue to physicians, veterinarians, dentists, or podiatrists 349 O OCCUPATION TAXES Local governments; comprehensive revision 1292 OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION Sanctions; effect on state license for construction contractors 1339 OCCUPATIONAL THERAPISTS Licensing; qualifications; exemptions 1042 OCONEE JUDICIAL CIRCUIT Judges; salary supplement 5092 OCONEE REGIONAL DEVELOPMENT CENTER Transfer of counties from the Oconee R.D.C. to the Central Savannah River R.D.C. 1170 Transfer of counties from the Oconee R.D.C. to the Middle Georgia R.D.C. 1170 OFFENDER Defined for purpose of notice to victim of release, escape, or death 1728 OFFICE OF PLANNING AND BUDGET Budget Accountability and Planning Act 1914 OFFICIAL CODE OF GEORGIA ANNOTATED Code revision and reenactment 91 Elections 118 Retirement 86 OFFICIAL MUSICAL THEATRE OF STATE Designated; Jekyll Island Musical Theatre 934 OGLETHORPE COUNTY Board of commissioners; vice chairperson; quorum 4647

Page CXXVIII

OLDER WORKER TASK FORCE Creation 1958 OLYMPICS License plates; revenue commissioner to negotiate and execute licensing agreement; design owned by state 972 OMAHA, CITY OF New charter 4879 OPEN MEETINGS Called meetings; additional notice in counties where legal organ published less than four times weekly 784 Hospital authorities 1020 OPEN RECORDS Child abuse reports; public inspection; child fatality review subcommittees 1695 Exemption; archival records of historical value; up to 75 years 1669 Exemption; Department of Transportation engineers cost estimates and rejected or deferred bids 968 Exemption; research; personally identifiable information 1336 Exemption; research; until publication 1336 Exemption for commercial purposes; repealed 1436 Hospital authorities; open records and meetings 1020 Inmate records 632 Personnel proceeding; prior approval of presiding administrative judge not required for disclosure 1394 Professional education certificate; prior approval of presiding administrative judge not required for disclosure 1394 OUTDOOR ADVERTISING SIGNS Outdoor advertising signs; judicial review; Department of Transportation decisions 969 P PARAMEDICS Accidents 542 Repeal of certain recertification requirements 1082 PARTICIPATING PROVIDER Defined; Georgia Housing and Finance Authority Act 738

Page CXXIX

PATERNITY Blood and genetic testing for paternity; presumption 1980 PATIENT SELF-REFERRAL ACT OF 1993 Enacted; referral of patient by health care provider to entity in which provider has investment interest 521 PAULDING COUNTY Civil service system 5186 PEACE OFFICERS' ANNUITY AND BENEFIT FUND Disability benefits; medical examination 1000 Members who are also members of Georgia Firemen's Pension Fund 476 Postretirement benefit increases 607 PEACHTREE CITY Corporate limits 4380 Registration of electors 5465 PENAL INSTITUTIONS Acquitted inmates reimbursed for medical treatment cost 304 Code revision 91 County correctional institutions; deputy wardens; appointment 417 County or city law enforcement officers; transporting arrested persons 710 Deputy wardens of county correctional institutions; appointment 417 Diversion program fees; waiver; amendment; sanctions for failure to pay 426 Escape, release, or death of offender; notice to victim 1728 Fees for probation, pretrial release, or diversion programs; waiver; amendment; sanctions for failure to pay 426 Felony offenses; 120 days of special alternative incarceration; release at 90 days for excellent behavior 444 Imposition of sentence of life without parole 1654 Inmate records; form; disclosure as public records 632 Inmates; goods produced by; sale to private contractor for use in publicly funded project 629 Inmates; reimbursed for cost of medical treatment if acquitted 304 Inmate's release, escape, or death; notice to victim 1728 Jails; prohibited items; penalty 630 Medical treatment; reimbursement to inmate for cost if acquitted 304 Notice to victim of inmate's escape, release, or death 1728 Pretrial release fees; waiver; amendment; sanctions for failure to pay 426 Prisoners; mutiny redefined 808 Probation fees; waiver; amendment; sanctions for failure to pay 426 Special alternative incarceration; felony offenses; 120 days with release at 90 days for excellent behavior 444

Page CXXX

Special alternative incarceration; mandatory adult education; exemptions 1664 Stalking; defined; prohibited; penalties; exceptions 1534 Victims; notice of offender's release, escape or death; confidentiality of victim information; immunity for failure to notify 1728 Workers' compensation; inmates or persons on work release programs; no eligibility for benefits 491 PERSONAL CARE HOME Defined 317 PERSONAL PROPERTY Computer software; valuation 1647 Conflicting security interests on same collateral; priority; production loans 576 Department of Transportation; removal of unattended vehicles 370 Financing statements; filing; Georgia Superior Court Clerks' Cooperative Authority; central indexing system 1550 Leasing; new statutory provisions 633 PEST CONTROL Occupation taxes; local governments; comprehensive revision 1292 Regulatory fees; local governments; comprehensive revision 1292 PHARMACISTS Privileged information concerning patients 1050 PHILLIP M. LANDRUM Phillip M. Landrum Memorial Highway; designated 1175 PHYSICIANS Immunity for physicians treating student athletes without compensation 1278 Licensing; licensed practice of psychology is not unlicensed practice of medicine 355 Licensing; repeal of restriction of surgery or invasive procedures altering tissue to physicians, veterinarians, dentists, or podiatrists 349 Patient Self-referral Act enacted 521 PICKENS COUNTY Commissioner; authority 4720 PIKE COUNTY Pike County Arts Facility Authority; creation 4836

Page CXXXI

PIKE COUNTY ARTS FACILITY AUTHORITY Creation 4836 PISTOLS Jails; prohibited items; penalty 630 Possession by certain county and city officials 604 PLANNED COMMUNITY DEVELOPMENT Financing; Georgia Housing and Finance Authority 738 PLANNING Cherokee County; transfer to the Atlanta Regional Commission from the North Georgia Regional Development Center ratified 1177 Oconee Regional Development Center; transfers of counties to Central Savannah River R.D.C. and Middle Georgia R.D.C. 1170 PLANTERS ELECTRIC MEMBERSHIP CORPORATION State property; easement in Burke County 1122 PLUMBERS Licensing; examinations; OSHA sanctions; continuing education; display of registration number; state-wide license; exceptions 1339 PODIATRISTS Licensing; repeal of restriction of surgery or invasive procedures altering tissue to physicians, veterinarians, dentists, or podiatrists 349 POISON Georgia Lead Poisoning Prevention Study Committee; creation 1225 POLE TRAILERS Amber reflectors 579 POLES Sale by tonnage or pounds 446 POLICE CHIEFS Training 1780

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POLLUTION PREVENTION ASSISTANCE DIVISION Division of the Department of Natural Resources 1429 POOLER, CITY OF Corporate limits 4931 POORE, MRS. L. C. Compensation 1198 PORNOGRAPHY Electronically furnishing obscene material to minors; definitions 735 POWERS OF ATTORNEY Agency and principal; grants of powers of attorney; written declarations 1052 PRETRIAL RELEASE Fees; waiver; amendment; sanctions for failure to pay 426 PRISONERS See PENAL INSTITUTIONS and LAW ENFORCEMENT OFFICERS AND AGENCIES PROBATE COURTS Alternative dispute resolution programs; creation and funding; practices and procedures 1529 Baldwin County; judge; compensation 4465 Catoosa County; judge; compensation; clerical help 4574 Chatham County; clerk; minimum salary 5340 Clayton County; judge; compensation 4439 Columbia County; judge; compensation 4582 Haralson County; judge; compensation 5138 Judges; minimum annual salaries Vetoed HB 206 Judges; recusal upon conflict of interest; local government representation 981 Judges of the Probate Courts Retirement Fund of Georgia; increases in maximum monthly benefit 801 Randolph County; magistrate court; judge; election; judge of the probate court 4929 Spalding County; judge; compensation; passport fees 4860 Warren County; clerical help; compensation 4288 Wilkinson County; judge; compensation; personnel 4922

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PROBATION Contractors providing probation services; prohibited conduct 454 Fees; waiver; amendment; sanctions for failure to pay 426 Felony offenses; special alternative incarceration; 120 days or 90 days with excellent behavior 444 Ignition interlock devices 568 Revocation; unsatisfactory report in adult education course as ground 1664 Special alternative incarceration; mandatory adult education as probation condition; exemptions; probation revocation 1664 PROFESSIONAL COUNSELING Licensing 330 PROFESSIONS AND BUSINESSES Athlete agents; registration; temporary registration 776 Charitable organizations; exemption for those with less than $25,000.00 annual gross revenue 319 Chiropractors; hot and cold packs; nonprescription structural supports 1719 Code revision 91 Conditioned air contractors; licensing 1339 Conditioned air contractors; service to and installation of electrical connection and circuit authorized 733 Construction contractors; certificates; sanctions; continuing education; utility managers and foremen; applications; bid limits; exceptions 1339 Dental hygienists; temporary licenses; applicant who has failed examination not eligible 450 Driver training instructors; licenses valid for two years 453 Electrical contractors; licensing 1339 Embalmers; continuing education Vetoed HB 223 Family therapy 330 Funeral directors; continuing education Vetoed HB 223 Health care providers; Patient Self-referral Act 521 Hearing aid dispensers; application for examination 452 Landscape architects; qualifications; continuing education; firms; ads; exceptions 1023 Licensed practical nurses; licensing; qualifications; examinations; reinstatement; temporary permits 471 Licensing; application to include query regarding license revocation, suspension, denial or nonrenewal 427 Limited liability companies; formation, operation, and dissolution 123 Marriage and family therapy; licensing 330 Medicine; unlicensed practice does not include licensed practice of psychology 355 Nurses, licensed practical; licensing 471 Occupation taxes; regulatory fees; comprehensive revision 1292 Occupational therapists; licensing; qualifications; exemptions 1042 Patient Self-referral Act of 1993 enacted 521 Plumbers; licensing 1339

Page CXXXIV

Professional counseling; licensing 330 Psychologists; licensing exceptions; neuropsychology; penalties; licensed practice of psychology is not unlicensed practice of medicine 355 Psychologists; licensing exemption for state or local government employees practicing at facilities for persons with mental retardation 418 Respiratory care professionals; certification; temporary permits; reciprocity; uncertified practice; exemptions; immunity for emergency care 1497 Social work; licensing 330 Temporary licenses; dental hygienists; applicant who has failed examination not eligible 450 Transient merchants; county license fees fixed by county governing authority 787 Utility contractors; licensing 1339 PROMOTIONAL OFFERS Identification and odds of winning 1076 PROPERTY Brokerage Relationships in Real Estate Transactions Act; duties and responsibilities of real estate brokers 376 Code revision 91 Commercial Real Estate Broker Lien Act 1490 Computer software; valuation for tax purposes 1647 Conflicting security interests on same collateral; priority; production loans 576 Conservation easements; expansion by exercise of eminent domain prohibited 794 Controlled substances; notice of seizure 1434 Covenants running with the land; automatic renewal; termination; recording 782 Department of Transportation; removal of unattended vehicles 370 Eminent domain; exercise to expand conservation easements prohibited 794 Financing statements; filing; Georgia Superior Court Clerks' Cooperative Authority; central indexing system 1550 Georgia Lead Poisoning Prevention Study Committee; creation 1225 Handicapped parking; penalties 707 Leasing; new statutory provisions relating to leasing 633 Liens for federal taxes; filing, indexing, and recording 361 Liens of veterinarians and animal boarders; notice to owner; disposal of animal; liability of owner after disposal for treatment, care, or boarding 1044 Mechanics and materialmen's liens; notice of lien rights; recording 1008 Mortgage lenders and brokers; licensing; fees; practices and procedures 543 Municipal corporations; disposition of property 795 Recording; covenants running with the land 782 Unclaimed property; payment to commissioner of revenue; execution 1813 PROPERTY TAX See REVENUE AND TAXATION

Page CXXXV

PSYCHOLOGISTS Licensing; exceptions; neuropsychology; licensed practice of psychology is not unlicensed practice of medicine 355 Licensing; exemption for state or local government employees practicing at facilities for persons with mental retardation 418 PUBLIC ASSISTANCE See SOCIAL SERVICES PUBLIC DOCUMENTS Director of the University of Georgia Libraries; depositor of state public documents 992 PUBLIC MEETINGS Called meetings; additional notice in counties where legal organ published less than four times weekly 784 Hospital authorities 1020 PUBLIC OFFICERS AND EMPLOYEES Admissibility of certified documents transmitted by facsimile; reproduction of original copies 1078 Budget Accountability and Planning Act 1914 Budgetary process revised; Budgetary Responsibility Oversight Committee created 1914 Code revision 91 Coroners; training Vetoed HB 223 County board of tax assessors; members ineligible as property appraisal staff in certain counties 603 Defined; for purposes of protection against reprisal for report of waste, fraud, or abuse 563 Ethics committees; subpoenas; issuance; judicial review 1390 Firearms; possession by certain county and city officials 604 Governor's Development Council; private sector members; attachment to Office of Planning and Budget 1399 Investigation of information from employees concerning fraud, waste, and abuse; confidentiality; reprisals prohibited 563 Local school boards; membership; terms; salaries; vacancies 1279 Office of Planning and Budget; policy coordinators in unclassified service; salary increases 1399 Pledge of security interests to secure deposits of public funds; securities owned by depository bank 929 Police chiefs and department heads; training 1780 Public records; disclosure; exemption for commercial purposes; repealed 1436 Reprisals against employees who report fraud, waste, and abuse prohibited; exceptions 563

Page CXXXVI

PUBLIC PROJECTS Sale of goods produced by inmates to private contractor for use in publicly funded project 629 PUBLIC RECORDS Disclosure; exemption for archival records of historical value; limitation to 75 years 1669 Disclosure; exemption for commercial purposes; repealed 1436 Disclosure; exemption for Department of Transportation engineers' cost estimates and rejected or deferred bids 968 Disclosure; exemption for personally identifiable information in research by institutions of higher education 1336 Disclosure; exemption for research by institution of higher education until publication 1336 Disclosure; prior approval of presiding administrative law judge not required for proceeding relating to personnel 1394 Disclosure; prior approval of presiding administrative law judge not required for proceeding relating to professional education certificate 1394 Georgia Historical Records Advisory Board; created 1087 Hospital authorities; open records and meetings 1020 Information provided for purposes of occupation taxes confidential; penalty 1292 Inmate records 632 See also OPEN RECORDS PUBLIC SCHOOLS See EDUCATION PUBLIC UTILITIES AND PUBLIC TRANSPORTATION Amtrak; resumption of service endorsed 1214 Bus shelters; permits for erection and maintenance 1732 Cellular radio telephones; interception of communications prohibited 299 Emergency 911 system; joint authorities; military bases 1368 Interstate Rail Passenger Network Compact; enacted 419 Motor contract carriers and common carriers; ambulances excluded; amber reflectors required for certain pulpwood and pole trailers 579 PULASKI COUNTY Board of education; districts; elections 5175 Oconee Judicial Circuit; judges; salary supplement 5092 PULPWOOD Sale by tonnage or pounds 446 Trailers; amber reflectors 579

Page CXXXVII

PURCHASING Bids; purchases without competition; certain counties 288 Counties of 550,000 or more; sealed bids; written bids; purchases without competition 288 Factors for selecting lowest responsible bidder in certain counties 588 Life cycle costs to be taken into account 1398 State and political subdivisions; from sheltered workshops and training centers 1736 PUTNAM COUNTY Board of commissioners; mileage allowance 4410 Transfer to Middle Georgia Regional Development Center 1170 Q QUITMAN COUNTY Board of education; elections; school superintendent 3594 Tax commissioner placed on an annual salary 4356 R R. G. DANIELL, SR., MEMORIAL HIGHWAY Designated 1161 RABUN COUNTY Board of commissioners; supervisor of roads 4480 RACETRACKS Licensing of operators transferred to Safety Fire Commissioner 725 RADIO Amateur operators; free special license plate Vetoed HB 292 RAILROADS Amtrak; resumption of service endorsed 1214 Interstate Rail Passenger Network Compact; enacted 419 RANDOLPH COUNTY Board of commissioners; districts 3588 Board of education; elections; school superintendent 3568 Magistrate court; chief magistrate; election; judge of the probate court 4929

Page CXXXVIII

REAL PROPERTY Brokers; Brokerage Relationships in Real Estate Transactions Act; duties and responsibilities of real estate brokers 376 Buying from nonresident seller 768 Commercial Real Estate Broker Lien Act 1490 Conflicting security interests on same collateral; priority; production loans 576 Conservation easements; expansion by exercise of eminent domain prohibited 794 Covenants running with the land; automatic renewal; termination; recording 782 Eminent domain; exercise to expand conservation easements prohibited 794 Financing statements; filing; Georgia Superior Court Clerks' Cooperative Authority; central indexing system 1550 Leasing; new statutory provisions 633 Mechanics and materialmen's liens; notice of lien rights; recording 1008 Recording; covenants running with the land 782 See also PROPERTY, BUILDINGS AND HOUSING, STATE PROPERTY, and EMINENT DOMAIN REBECCA, TOWN OF Mayor and council; elections; terms 4747 RECOVERED MATERIALS State purchasing 531 RECREATIONAL BINGO Operation of recreational bingo games; licensing not required; definitions 535 RECYCLED PAPER State purchasing 531 REFERRAL Defined; Patient Self-referral Act 521 REFUND CLAIMS Taxes; statement of procedures; taxpayer bill of rights 294 REGIONAL DEVELOPMENT CENTERS Cherokee County; transfer to the Atlanta Regional Commission from the North Georgia Regional Development Center ratified 1177 Members; powers; executive committee and director; employees; partisan political activities 1374 Transfer of counties from the Oconee R.D.C. to the Central Savannah River R.D.C. 1170 Transfer of counties from the Oconee R.D.C. to the Middle Georgia R.D.C. 1170

Page CXXXIX

REGISTRATION Liens for federal taxes; filing, indexing, and recording 361 REGULATORY FEES Local governments; comprehensive revision 1292 REHABILITATION SUPPLIERS Exempt from licensing requirements for occupational therapists 1042 RENUNCIATION By fiduciary 1057 RESEARCH Institutions of higher education; personally identifiable information of persons participating in research exempt from disclosure as public record 1336 Institutions of higher education; research exempt from disclosure as public record until publication 1336 RESPIRATORY CARE PROFESSIONALS Certification; temporary permits; reciprocity; uncertified practice; exemptions; immunity 1497 RESTRICTIVE COVENANTS Covenants running with land; automatic renewal 782 Georgia Housing and Finance Authority 738 RETIREMENT AND PENSIONS Benefits; discretionary postretirement increases subject to legislative reduction 1690 Code revision 86 Department of Natural Resources; conservation rangers; benefits for retirement at age 55 1372 Department of Public Safety; officers and troopers; benefits for retirement at age 55 1372 District Attorneys' Retirement System; postretirement benefit increases 800 Employees' Retirement System of Georgia; benefits; retirement at age 55 for specified employees 1372 Employees' Retirement System of Georgia; expense allowances for trustees 1690 Employees' Retirement System of Georgia; involuntary separation with retirement benefits; position permanently vacant; deletion from agency budget 1817

Page CXL

Georgia Bureau of Investigation; officers or agents; benefits for retirement at age 55 1372 Georgia Firemen's Pension Fund; application; physician's report; conditions of membership and reinstatement; disability 476 Georgia Firemen's Pension Fund; benefits; postretirement increases 1047 Georgia Firemen's Pension Fund; members of Peace Officers' Annuity and Benefit Fund 476 Georgia Firemen's Pension Fund; postretirement benefit increases 1047 Involuntary separation with retirement benefits; position permanently vacant; deletion of funds from agency budget 1817 Judges of the Probate Courts Retirement Fund of Georgia; increases in maximum monthly benefit 801 Macon Pensions and Retirement System; disability 5499 Peace Officers' Annuity and Benefit Fund; disability benefits 1000 Peace Officers' Annuity and Benefit Fund; postretirement benefit increases 607 Public schools; insurance coverage; retired employees 1987 Sheriffs' Retirement Fund of Georgia; benefit increases 608 Teachers Retirement System of Georgia; deductions from benefits for membership dues 432 Teachers Retirement System of Georgia; deletion of reference to appointed boards of education 316 Teachers Retirement System of Georgia; expense allowances for trustees 1690 Teachers Retirement System of Georgia; membership after retirement and rehire 1690 Teachers Retirement System of Georgia; payment of taxable portion of refunded accumulated contributions to retirement plan 732 Trial Judges and Solicitors Retirement Fund; postretirement benefit increases 803 RETREADED TIRES State purchasing 531 REVENUE AND TAXATION Ad valorem taxes; advertisement of intent to increase 947 Ad valorem taxes; assessments; appeals; valuation for tax bills and digest; interest 435 Ad valorem taxes; board of tax assessors; designation to receive tax returns or homestead exemption applications 577 Ad valorem taxes; bona fide conservation use property 947 Ad valorem taxes; county where motor vehicle returned 303 Ad valorem taxes; equalized adjusted school property tax digest; boards of arbitrators 699 Ad valorem taxes; fair market value for antique, hobby, or special interest vehicles 1678 Ad valorem taxes; heavy-duty construction equipment owned by nonresidents 1012 Ad valorem taxes; newspaper publication of reports by local governments and school boards 947 Ad valorem taxes; Property Tax Amnesty Program Act Vetoed SB 139

Page CXLI

Ad valorem taxes; time to appeal assessment 1777 Agents for collection of sales and use tax on casual sales of motor vehicles 1815 Amnesty program Vetoed SB 139 Appeal of tax or license fee; time 961 Appeal procedures stated in taxpayer bill of rights 294 Appeals of ad valorem tax assessments; valuation used for tax bills and digest; interest on refunds and deficits 435 Appeals of assessments; time 1777 Assessment; time for appeal 1777 Assessors; designation to receive tax returns and homestead exemption applications 577 Assessors; joint city-county board in certain counties; repealed 290 Assessors; members of board ineligible as property appraisal staff in certain counties 603 Audits; rights and obligations stated in taxpayer bill of rights 294 Board of tax assessors; joint city-county board in certain counties; repealed 290 Board of tax assessors; members ineligible as property appraisal staff in certain counties 603 Bona fide conservation use property 947 Casual sales of motor vehicles; designation of tag agents as agents for collection of sales and use tax 1815 Code revision 91 Collection fees and contracts Vetoed SB 139 Collection of sales and use tax on casual sales of motor vehicles; designation of agents 1815 Compressed petroleum gas; gallon equivalency 811 Computer software; valuation as personal property; exemptions 1647 Construction; heavy-duty equipment owned by nonresidents 1012 Corporate dividends from sources outside United States 1649 Counties and municipal corporations; federal programs; expenditure of revenues 792 Credits for new jobs in less-developed areas 1649 Distributions by partnerships, Subchapter S corporations, and limited liability companies to certain nonresidents; withholding 597 Enforcement procedures stated in taxpayers bill of rights 294 Executions; transfer to persons who are not heirs or equity holders 1777 Exemption from filing federal annual information return for charitable organizations with annual gross revenue less than $25,000.00 319 Exemptions for motor fuel for export 1502 Fair market value for antique, hobby, or special interest vehicles 1678 Federal manufacturer's taxes; payments; right to security under contracts 1028 Federal tax liens; filing; indexing; recording 361 Grants to counties; 20,000 acres of unimproved state owned land under control of Department of Natural Resources 1071 Heavy-duty construction equipment owned by nonresidents 1012 Homestead exemption applications; designation of board of tax assessors for receipt 577 Homestead exemptions; motor vehicle returned in county where claimed 303 Homestead exemptions; waiver for failure to file application 1777 Hotel and motel tax; spending portion of proceeds for promoting museums of aviation and aviation halls of fame 442

Page CXLII

Hotel and motel tax; spending portion of proceeds for supporting certain convention and trade show facilities 995 Income tax; corporate dividends; job tax credits for new jobs in less-developed areas 1649 Income tax; withholding by buyer of realty from nonresident; procedures; exemptions; penalties; liens 768 Income tax; withholding on distributions by partnerships, Subchapter S corporations, and limited liability companies to certain nonresidents 597 Intangible property; valuation of computer software 1647 Internal Revenue Code; definitions revised 728 Interstate and international shipments of motor fuel; documentation 1502 Joint city-county board of tax assessors in certain counties; repealed 290 Joint Study Commission on Revenue Structure; re-creation 1965 Less-developed areas; job tax credits 1649 Levy upon account with financial institution; procedures; application of funds collected; surrender or willful failure to surrender; discharge 961 License fee or tax; time for appeal 961 Liens on persons required to deduct and withhold tax from sale of realty by nonresident 768 Limited liability companies; withholding on distributions to certain nonresidents 597 Local governments; audits of financial affairs and transactions; expenditures 717 Local governments; levies on public accommodations; spending portion of proceeds for promotion of museums of aviation and aviation halls of fame 442 Local governments; levies on public accommodations; spending portion of proceeds for supporting certain convention and trade show facilities 995 Local governments; occupation taxes and regulatory fees comprehensively revised 1292 Malt beverages; production by head of the household; limit 537 Motor fuel tax law revised 1502 Motor vehicles; casual sales; designation of agents for collection of sales and use tax 1815 Motor vehicles; county where returned 303 Motor vehicles; fair market value for antique, hobby, or special interest vehicles 1678 Newspaper publication by local governments and school boards of certain reports regarding ad valorem taxation 947 Nonresident defined for purposes of withholding from sale of realty by nonresident 768 Occupation taxes; local governments; comprehensive revision 1292 Partnerships; withholding on distributions to certain nonresidents 597 Penalties Vetoed SB 139 Personal property; valuation of computer software 1647 Possession, sale, or purchase of unstamped distilled spirits; payment of taxes 464 Procedures for appeal, refund claims, enforcement stated in taxpayers bill of rights 294 Property appraisal staff of certain counties; members of board of tax assessors ineligible 603 Property Tax Amnesty Program Act; enacted Vetoed SB 139

Page CXLIII

Public accommodations levies by local governments; spending portion of proceeds for promoting museums of aviation and aviation halls of fame 442 Public accommodations levies by local governments; spending portion of proceeds for supporting certain convention and trade show facilities 995 Publication of reports regarding ad valorem taxation by local governments and school boards 947 Realty; withholding by buyer from nonresident 768 Refund claim procedures stated in taxpayer bill of rights 294 Refunds or credits for taxes paid for alcoholic beverages; wine deliveries in certain vehicles 83 Reimbursement deduction for dealers collecting sales and use tax and second motor fuel tax 995 Release of property subject to state tax lien 961 Returns; designation of board of tax assessors to receive 577 Rules for motor fuel tax law 1502 Sales and use tax; casual sales of motor vehicles; designation of agents for collection 1815 Sales and use tax; reimbursement deduction for dealers collecting 995 Second motor fuel tax; reimbursement for dealers collecting 995 Subchapter S corporations; withholding on distributions to certain nonresidents 597 Tag agents; designation as agents for collection of sales and use tax on casual sales of motor vehicles 1815 Tax Amnesty Program Act; enacted Vetoed SB 139 Tax commissioners and collectors; designation as agents for collection of sales and use tax on casual sales 1815 Tax commissioners and tax collectors; minimum annual salaries Vetoed HB 206 Tax lien; release or subordination of property subject to lien 961 Taxpayers bill of rights 294 Valuation of computer software 1647 Violation of motor fuel tax law 1502 Waiver of homestead exemption for failure to file application 1777 Waiver of penalties by Commissioner of Revenue and local governing authority Vetoed SB 139 Withholding by buyer of realty from nonresident seller 768 Withholding on distributions by partnerships, Subchapter S corporations, and limited liability companies to certain nonresidents 597 REVENUE BONDS Defined; Georgia Housing and Finance Authority Act 738 RHODES MEMORIAL HALL Rental to The Georgia Trust For Historic Preservation, Inc. 1134 RICHMOND COUNTY Augusta Judicial Circuit; judges; salary supplement 4587 Augusta Judicial Circuit; judges; salary supplement 4872

Page CXLIV

Augusta-Richmond County Coliseum Authority 4087 Board of tax assessors; membership; districts 4482 Conveyance of state property to the board of commissioners 1200 Richmond County Employees' Pension Fund; surviving spouse's benefits 5438 RICKY LEE BOYNTON Compensation 1178 RIDE-SHARING PROGRAMS Financial support 373 ROCKDALE COUNTY Board of commissioners; personnel rules and regulations 5395 Homestead exemption; school district taxes 4570 Superior court; judges; salary supplement 4459 ROCKDALE JUDICIAL CIRCUIT Judges; salary supplement 4459 ROLLER SKATING SAFETY ACT Duties of roller skating centers and roller skaters; assumption of risk; liability 719 RURAL AREA Defined; Patient Self-referral Act 521 S SAFETY Bicycles; children as passengers; helmets for persons under 16 518 Motor vehicle seat belts; failure to wear not evidence of negligence 516 Motor vehicle seat belts; use for minors over four 516 Roller skating 719 School buses; tire treads 727 SAFETY FIRE COMMISSIONER Dispensing of compressed natural gas for vehicular fuel; additional fee 448 Racetracks; licensing of operators transferred to 725 SALES AND USE TAX Motor vehicles; casual sales; designation of agents for collection 1815 Reimbursement deduction for dealers collecting 995

Page CXLV

SAMUELS, LEON, SR. Conveyance of state property authorized 1185 SAVANNAH, CITY OF Savannah-Chatham County Anti-Drug Commission; dissolved 4610 SAVANNAH-CHATHAM COUNTY ANTI-DRUG COMMISSION Dissolved 4610 SAW TIMBER Sale by tonnage or pounds 446 SCHLEY COUNTY Ellaville-Schley County Charter Commission; creation 5316 SCHOOL BOARDS See EDUCATION, LOCAL BOARDS OF EDUCATION, and STATE BOARD OF EDUCATION SCHOOL BUSES Tire treads 727 SCRAP TIRES Vertical expansion of solid waste facilities; disposal 399 SEARCH WARRANTS Employees of Department of Children and Youth Services to apprehend escapees and those who have broken supervision conditions 313 SECRETARY OF STATE Corporate code; revisions 1231 Georgia Historical Records Advisory Board; created 1087 Limited liability companies; formation, operation, and dissolution 123 SECURITY INTERESTS Conflicting security interests on same collateral; priority; production loans 576 Financing statements; filing 1550 Leasing 633

Page CXLVI

SENATE Districts; reapportionment 863 SENIOR CITIZENS Older Worker Task Force; creation 1958 SENTENCE REVIEW PANEL Sentences reviewed 705 SEWAGE DISPOSAL FACILITIES Financing; Georgia Housing and Finance Authority 738 SEWERS Combined sewer overflow system; operation 1775 SEXUAL ABUSE Defined for purposes of child abuse reports 1712 SHELTERED WORKSHOPS Purchasing from by state and political subdivisions 1736 State Use Council 1736 SHERIFFS Application, jurisdiction, and enforcement of protective orders 788 Deposit of funds held; interest-bearing accounts 1673 Duties, powers, and arrest authority within city limits 1688 Filling of vacancies in office of sheriff; local law 1389 Qualifications and training; exemptions 724 Sheriffs; minimum annual salaries Vetoed HB 206 SHERIFFS' RETIREMENT FUND OF GEORGIA Benefit increases 608 SICK LEAVE Documentation for state employees 721 SIGNS Outdoor advertising signs; judicial review; Department of Transportation decisions 969

Page CXLVII

SLUDGE Sludge land application sites; fees; approval by Environmental Protection Division 730 SMALL BUSINESS PROTECTION ACT OF 1993 Workers' compensation policies; cancellation or nonrenewal notices; certified mail 1507 SOCIAL CIRCLE, CITY OF Board of education; election; school superintendent 3888 SOCIAL SERVICES Aid to Families with Dependent Children; food stamps; revision of eligibility and benefits 1969 Child Abuse Prevention Panel 1695 Child Abuse Prevention Panel 1941 Child abuse reports; access 1712 Child care assistance 1969 Code revision 91 Family planning and parenting instruction 1969 Foster parents; records check 757 Georgia Child Care Council; members; existence continued as long as federal funding available 1063 Medicaid extension for transition 1969 PEACH program; expansion 1969 Special needs children; placement 1969 SOCIAL WORK Licensing 330 SOLICITORS Trial Judges and Solicitors Retirement Fund; postretirement benefit increases 803 SOLID WASTE Combined sewer overflow system; operation 1775 Financing of disposal facilities; Georgia Housing and Finance Authority 738 Vertical expansion of solid waste facilities; scrap tires; yard trimmings; disposal 399 Waste Control Law; litter defined; dumping prohibited; penalties 496 SOUTH COBB DEVELOPMENT AUTHORITY Membership; property; tax exemption 5143

Page CXLVIII

SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY Easement in Richmond County 1104 SPALDING COUNTY Griffin-Spalding County Board of Education; districts 5192 Probate court; judge; compensation; passport fees 4860 Spalding County Water and Sewerage Facilities Authority; membership; terms 4863 SPALDING COUNTY WATER AND SEWERAGE FACILITIES AUTHORITY Membership; terms 4863 SPEAKER OF THE HOUSE Access to child abuse reports 1712 SPECIAL ALTERNATIVE INCARCERATION Felony offenses; 120 days or 90 days for excellent behavior 444 Mandatory adult education; exemptions 1664 SPECIAL LICENSE PLATES Amateur radio operators Vetoed HB 292 Antique, hobby, or special interest vehicles 1678 Disabled veterans; qualification procedures for special plates 467 Motor vehicle distributors 296 Olympics; licensing agreement; design owned by state 972 Veterans awarded Purple Hearts; manufacturing and registration fees 1793 SPECIAL PURPOSE BANK Department of Banking and Finance approval of articles of incorporation of special purpose bank 511 SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY Licensing; exemption; provisional licenses; conditions and limitations 1510 SPORTS HALL OF FAME Georgia Sports Hall of Fame; membership of board; terms 1731 ST. MARYS, CITY OF Council; districts 3961

Page CXLIX

STALKING Defined; prohibited; penalties; exceptions 1534 STAPLETON, CITY OF Mayor and council; terms 4597 STATE BOARD OF EDUCATION Enrollment counts; courses counted 1693 Grants for programs; charter school status; terms of charter 1440 Hearings; notices 353 Programs; assessments for graduation; exempt school designation Vetoed SB 316 See also EDUCATION STATE BOARD OF WORKERS' COMPENSATION Access to records of fatal cases 1396 Administrative law judges; service on state board for appeals; experience modification worksheets 1365 Inmates or persons on work release programs; no eligibility for benefits 491 Policies; premium reductions; drug-free workplace 1512 Small Business Protection Act of 1993; policies; cancellation or nonrenewal notices; certified mail 1507 Unemployment compensation or workers' compensation coverage; independent contract carriers; exempted 323 STATE CAPITOL Commission on the Preservation of the State Capitol; creation 1541 STATE CONSTRUCTION INDUSTRY LICENSING BOARD Composition; chairperson selection; succession of office; approval of examinations 1339 STATE COURTS Alternative dispute resolution programs; creation and funding; practices and procedures 1529 Bibb County; assistant solicitors 4248 Brooks County; state court; creation 5124 Chatham County; judges; compensation 4314 Clerks; service as clerk of magistrate court; compensation 1061 Columbus, Georgia; judges; solicitor; salary supplement 4849 Decatur County; solicitor; compensation 4316 Dougherty County; judge; compensation; solicitor; assistant district attorneys 4416 Effingham County; judge; salary 4269 Glynn County; solicitor; compensation; terms 4426 Gwinnett County; additional judge 4708

Page CL

Judges; recusal upon conflict of interest; local government representation 981 McIntosh County; state court; creation 4543 Muscogee County; judges; solicitor; salary supplements 4849 Sumter County; January term 4196 Ware County; judge; compensation 4284 Wayne County; judge; solicitor; compensation 4328 Worth County; solicitor; compensation 4589 STATE EXAMINING BOARDS See PROFESSIONS AND BUSINESSES STATE FORESTRY COMMISSION Conveyance to Glynn County; State Forestry Commission facilities 1145 Unpaid volunteers; services; expenses; insurance coverage 423 See also FORESTRY STATE GOVERNMENT Agency stationery; telephone numbers printed 1394 American Indian tribes; recognition 1813 Appropriations; state fiscal year 1992-1993; supplemental appropriations for Department of Labor 765 Appropriations; state fiscal year 1993-1994 1819 Appropriations; supplemental for state fiscal year 1992-1993 6 Appropriations; supplemental for state fiscal year 1992-1993; amended 1909 Budget Accountability and Planning Act 1914 Capital Outlay for Education Task Force 1988 Child abuse reports; public inspection; child fatality review subcommittees 1695 Commission on the Preservation of the State Capitol; creation 1541 Department of Natural Resources; unclassified employees; benefits 791 Director of the University of Georgia Libraries; depositor of state public documents 992 Education Accountability and Evaluation Commission; creation 1988 Ellis Gibbs Arnall Tribute Commission; creation 1229 Fair and Open Grants Act of 1993; enacted 1914 Financing for health equipment and facilities; Georgia Housing and Finance Authority 738 Financing for housing; revised 738 Georgia Housing and Finance Authority 738 Grants; award and disbursement 1914 Grants to counties; 20,000 acres of unimproved state owned land under control of Department of Natural Resources 1071 Insurance Department; certain employees in unclassified service 510 Investigation of information from employees concerning fraud, waste, and abuse; confidentiality; reprisals prohibited 563 Involuntary separation with retirement benefits; position permanently vacant; deletion of funds from agency budget 1817 Joint Study Commission on Revenue Structure; re-creation 1965

Page CLI

Joint Study Committee on Creation of a State Department, Commission, or Agency of the Deaf and Hard of Hearing; creation 1961 Local Government Efficiency Act; state grants programs; required performance audits 1574 Mr. Albert and Mrs. Della Mae Lampkin; compensation 1199 Mr. Ricky Lee Boynton; compensation 1178 Mrs. L. C. Poore; compensation 1198 Ms. Lorraine Strickland; compensation 1197 Office of Planning and Budget; unclassified service for policy coordinators; salary increases 1399 Office of Treasury and Fiscal Services; created as successor to Fiscal Division of Department of Administrative Services 1402 Older Worker Task Force; creation 1958 Penal institutions; goods produced by inmates; sale to private contractor for use in publicly funded project 629 Pledge of security interests to secure deposits of public funds; securities owned by depository bank 929 Proposed rule; synopsis 1817 Public meetings; additional notice of called meetings in counties where legal organ published less than four times weekly 784 Public records; disclosure; exemption for archival records of historical value; limited to 75 years; exceptions 1669 Public records; disclosure; exemption for commercial purposes; repealed 1436 Public records; disclosure; exemption for Department of Transportation engineers' cost estimates and rejected or deferred bids 968 Public records; disclosure; exemption for research by institution of higher education until publication 1336 Public records; disclosure; prior approval of presiding administrative judge not required in proceeding relating to personnel 1394 Public records; disclosure; prior approval of presiding administrative judge not required in proceeding relating to professional education certificate 1394 Purchases to take life cycle costs into account 1398 Purchasing; from sheltered workshops and training centers 1736 Purchasing; recovered materials; recycled paper; retreaded tires; compost and mulch; policies to reduce and reuse materials 531 Recognition of American Indian tribes 1813 Regional development centers; members; executive committee and director; powers; employees; partisan political activities 1374 Reprisals against employees who report fraud, waste, and abuse prohibited; exceptions 563 State agency; defined 1394 State employees; involuntary separation with retirement benefits; position permanently vacant; deletion of funds from agency budget 1817 State employees; sick leave; documentation 721 State Use Council; created; powers and duties 1736 Stationery 1394 Task Force on Educational Outcomes Based Flexibility; creation 1963 Treasury and Fiscal Services, Office of; created as successor to Fiscal Division of Department of Administrative Services 1402 Unclassified service; certain Insurance Department employees 510 Unclassified service; employees of Department of Natural Resources; benefits 791

Page CLII

Unclassified service; policy coordinators in Office of Planning and Budget 1399 STATE HOUSING TRUST FUND FOR THE HOMELESS COMMISSION Clarification of powers 311 STATE LIBRARY COMMISSION Director of the University of Georgia Libraries; depositor of state public documents 992 STATE MERIT SYSTEM OF PERSONNEL ADMINISTRATION Department of Natural Resources; unclassified employees; benefits 791 Insurance Department; certain employees in unclassified service 510 Office of Planning and Budget; unclassified service for policy coordinators; salary increases 1399 Sick leave; documentation; rules 721 Unclassified service; certain Insurance Department employees 510 Unclassified service; employees of Department of Natural Resources; benefits 791 Unclassified service; Office of Planning and Budget; policy coordinators; salary increases 1399 STATE PROPERTIES COMMISSION High Falls Lake; boat docks; permits; licenses 396 STATE PROPERTY Baldwin County Board of Education; easement over state property 1191 Bibb County; exchange of county property for state property 1163 Bulloch County Board of Education; conveyance of state property 1145 Butts County; board of commissioners; conveyance of state property; resolution repealed 1173 Carter Center, Inc.; lease 1153 Cartersville; conveyance authorized 1185 Chatham County; easements 1126 Cobb County; easement authorized 1150 Cobb County; exchange of county property for state property 1163 Consolidated Atlanta Properties, Ltd. (CAPCO); termination of amendment to leases 513 Disposition of property in Americus, Lake City, and Savannah authorized 1097 Easements in Calhoun, Clinch, Fulton, and Hall counties to Georgia Power Company and the City of Homerville 1107 Georgia Power Company; easement in Carroll County 1132 Glynn County; State Forestry Commission facilities; conveyance 1145 James L. and Romona A. Waller; easement over state property 1181 Leon Samuels, Sr.; conveyance in Baldwin County authorized 1185 Manchester; title to property 1139 Master City Little League, Inc.; lease 1200 Montezuma; conveyance of state property 1189

Page CLIII

Municipal Electric Authority of Georgia; easement in Crisp County 1139 Planters Electric Membership Corporation; easement in Burke County 1122 Rhodes Memorial Hall; rental to The Georgia Trust For Historic Preservation, Inc. 1134 Richmond County; conveyance of state property to the board of commissioners 1200 Sale by competitive bid of property in Habersham County authorized 1212 Sale of state property in Hall County by competitive bid authorized 1210 Southern Bell Telephone and Telegraph Company; easement in Richmond County 1104 Tim McCollum d/b/a Currahee Paging; sublease 1208 Tybee Island; easement 1117 Winder; easement 1205 STATE PURCHASING Building materials; life cycle costs 1398 Compost and mulch; preference 531 Fixtures; life cycle costs 1398 Life cycle costs 1398 Paper; recycled fiber content 531 Retreaded tires 531 STATE RECORDS COMMITTEE Georgia Historical Records Advisory Board; created 1087 STATE TOLLWAY AUTHORITY Property; jurisdiction of Department of Transportation Enforcement Officers; toll fee 366 STATE USE COUNCIL Created; powers and authority 1736 STATESBORO, CITY OF Corporate limits; referendum 4418 STEPHENS COUNTY Board of registrations and elections; creation 4205 STRAIGHT PARTY VOTING Revision of provisions Vetoed SB 283 STRICKLAND, MS. LORRAINE Compensation 1197

Page CLIV

SUGAR HILL, CITY OF Corporate limits 4485 SUMNER, TOWN OF New charter Vetoed HB 978 New charter; referendum Vetoed HB 1124 SUMTER COUNTY Board of commissioners; districts; terms; qualifications 3831 State court; January term 4196 SUPERIOR COURTS Actions to set aside reprisals against public employees who report fraud, waste, or abuse 563 Alternative dispute resolution programs; creation and funding; practices and procedures 1529 Augusta Judicial Circuit; judges; salary supplement; Burke County 4723 Augusta Judicial Circuit; judges; salary supplement; Burke County 4870 Augusta Judicial Circuit; judges; salary supplement; Columbia County 4457 Augusta Judicial Circuit; judges; salary supplement; Richmond County 4872 Augusta Judicial Circuit; judges; salary supplement; Richmond County 4587 Bailiffs; selection 1389 Barrow County; terms of court 805 Brantley County; sheriff; compensation 4857 Brunswick Judicial Circuit; judges; district attorney; salary supplement; Appling County 4600 Brunswick Judicial Circuit; judges; district attorney; salary supplement; Jeff Davis County 4604 Brunswick Judicial Circuit; judges; district attorney; salary supplement; Wayne County 4568 Catoosa County; clerk; clerical help 4574 Chatham County; clerk; compensation 5337 Clarke County; district attorney; staff 4203 Clay County; chief magistrate as deputy clerk 4573 Clayton County; sheriff; compensation Vetoed SB 182 Clayton Judicial Circuit; court reporters; compensation; Clayton County Vetoed SB 184 Clayton Judicial Circuit; district attorney; salary supplement; Clayton County Vetoed SB 181 Clayton Judicial Circuit; judges; salary supplement Vetoed SB 179 Clerks; deposit of funds held; interest-bearing accounts 982 Clerks; liens for federal taxes; filing, indexing and recording 361 Clerks; minimum salaries Vetoed HB 206 Clerks; priorities of distribution of fines, forfeitures, and surcharges 374 Columbia County; clerk; compensation 4582 Columbus, Georgia; clerk of superior court; sheriff; salary supplements 4849 Columbus, Georgia; sheriff; compensation 4851

Page CLV

Dougherty County; state court; assistant district attorneys 4416 Eastern Judicial Circuit; judges; salary supplement; Chatham County 4566 Echols County; clerk; clerical help; fees 3754 Financing statements; filing; Georgia Superior Court Clerks' Cooperative Authority; central indexing system 1550 Georgia Superior Court Clerks' Cooperative Authority; creation; membership, powers, and jurisdiction 1544 Haralson County; clerk; sheriff; compensation 5138 Jackson County; terms of court 805 Judges; recusal upon conflict of interest; local government representation 981 McIntosh County; terms of court 447 Muscogee County; clerk; sheriff; salary supplements 4849 Muscogee County; sheriff; compensation 4851 Oconee Judicial Circuit; judges; salary supplement 5092 Rockdale Judicial Circuit; judges; salary supplement 4459 Sentence review panel 705 Telephonic communications of a minor; consent to wiretapping; court orders; recordings kept under seal 565 Western Judicial Circuit; district attorney; staff 4203 Wilkinson County; clerk; compensation; benefits; personnel 4552 Wilkinson County; sheriff; compensation; personnel; powers 4874 SUPPLEMENTAL APPROPRIATIONS State fiscal year 1992-1993 6 State fiscal year 1992-1993; amended 1909 State fiscal year 1992-1993; Department of Labor 765 SUPREME COURT OF GEORGIA Terms of court; disposition of cases 360 SURGERY Licensing; repeal of restriction of surgery or invasive procedures altering tissue to physicians, veterinarians, dentists, or podiatrists 349 SYBLE BRANNAN PARKWAY Designated 1102 SYCAMORE, TOWN OF Mayor and council; elections; terms 4845 T TALBOT COUNTY Board of education; election; school superintendent 4710

Page CLVI

TALIAFERRO COUNTY Board of education; elections; school superintendent 3643 TALLULAH FALLS LAKE Vessels with marine toilet, galley, or sleeping quarters prohibited 790 TASK FORCE ON EDUCATIONAL OUTCOMES BASED FLEXIBILITY Creation 1963 TAX COLLECTORS, TAX COMMISSIONERS, AND TAX RECEIVERS Casual sales of motor vehicles; designation of agents for collection 1815 Minimum annual salaries Vetoed HB 206 TAXES See REVENUE AND TAXATION TAXPAYERS Bill of rights 294 TEACHERS See EDUCATION and TEACHERS RETIREMENT SYSTEM OF GEORGIA TEACHERS RETIREMENT SYSTEM OF GEORGIA Benefits; deductions for membership dues 432 Deletion of reference to appointed boards of education 316 Payment of taxable portion of refunded accumulated contributions to retirement plan 732 TELEPHONE Cellular radio telephones; interception of communications prohibited 299 Emergency 911 system; joint authorities; military bases 1368 State agencies; telephone numbers on stationery 1394 Telephonic communications of a minor; consent to wiretapping; court orders; recordings kept under seal 565 TELFAIR COUNTY Oconee Judicial Circuit; judges; salary supplement 5092

Page CLVII

TERRELL COUNTY Board of commissioners; districts; elections; terms; purchases; bonds; oaths; vacancies 5147 Board of commissioners; districts; terms; qualifications; vacancies 3614 Board of education; elections; school superintendent 3620 THE GEORGIA COURT REPORTING ACT Extensive revision of statutory provisions 1315 THOMAS COUNTY Board of commissioners; districts; compensation; expenses 4698 THOMASTON, CITY OF Thomaston-Upson County Office Building Authority; powers 4831 THOMASTON-UPSON COUNTY OFFICE BUILDING AUTHORITY Powers 4831 TIFTON, CITY OF City manager; outside work 3830 Commissioners; posts; elections 4275 Homestead exemption; city taxes; referendum 4278 TIMBER Pulpwood or pole trailers; amber reflectors 579 Pulpwood, saw timber, poles, and other timbers; sale by tonnage or pounds 446 See also FORESTRY TOBACCO PRODUCTS Sale or distribution to or possession by minors of tobacco products; licensing of vendors 343 TOOMBS COUNTY Board of education; elections 4256 TORTS Agricultural or aquacultural food products or commodities; civil actions for disparagement 1795 Dental students; immunity except for willful or wanton misconduct 1051 Immunity for dental students; exception for willful or wanton misconduct 1051 Immunity for disclosure of employee job performance 1056

Page CLVIII

Immunity for licensed physicians for student athletes without compensation 1278 Notice of action involving recipients of medical assistance 1080 Roller skating; duties of center and skaters; assumption of risk; liability 719 Wrongful death of spouse or parent; division of recovery between spouse and children; minor children 1055 TOWNS COUNTY Board of education; election; school superintendent 3806 TRACTORS Regulation of the distribution of tractors, farm equipment, heavy equipment, and motor vehicles 1585 TRAFFIC COURTS Addition to fines and bails; distribution to victims and witnesses assistance programs; certain cities 292 TRANSPORTATION See HIGHWAYS, BRIDGES, AND FERRIES, PUBLIC UTILITIES AND PUBLIC TRANSPORTATION, and MOTOR VEHICLES AND TRAFFIC TRAVEL LANES Travel lanes; penalties for violations of use 363 TRAVELING SALESPERSONS Occupation taxes; local governments; comprehensive revision 1292 TREASURY AND FISCAL SERVICES, OFFICE OF Created; successor to Fiscal Division of Department of Administrative Services 1402 TREUTLEN COUNTY Board of education; compensation 4431 TRIAL JUDGES AND SOLICITORS RETIREMENT FUND Postretirement benefit increases 803 TRION, TOWN OF Board of education; election; school superintendent 4014

Page CLIX

TROUP COUNTY Board of education; elections; districts; qualifications; terms; compensation 3601 Homestead exemption; county taxes; referendum 5112 TRUSTS Affiliate bank transfers of fiduciary capacities 915 State Housing Trust Fund for the Homeless Commission; clarification of powers 311 TUGALO LAKE Restriction of power boats; repealed 351 Vessels with marine toilet, galley, or sleeping quarters prohibited 790 TURNER COUNTY Board of commissioners; compensation 4595 TWIGGS COUNTY Board of commissioners; districts; terms 3928 Board of education; districts; terms 3934 TWIN CITY, CITY OF Corporate limits 4841 TYBEE ISLAND, CITY OF Easement over state property 1117 U UNCLAIMED PROPERTY Payment to commissioner of revenue; execution 1813 UNFAIR OR DECEPTIVE PRACTICES Commission against elderly 1092 Driver improvement clinics 1076 Unlicensed home health services; representation regarding services 1676 UNIFORM COMMERCIAL CODE Conflicting security interests on same collateral; priority; production loans 576 Financing statements; filing; Georgia Superior Court Clerks' Cooperative Authority; central indexing system 1550

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Insurers; certificates or instruments of securities; rules of the Commissioner of Insurance 1721 Leasing; new statutory provisions 633 UNIFORM COMMERCIAL DRIVER'S LICENSE ACT Agricultural employees; restricted commercial licenses 797 UNITED STATES CONGRESS Districts; reapportionment 863 UNITED STATES INTERNAL REVENUE CODE Defined for purposes of Georgia income taxes 728 Federal manufacturer's taxes; payments; right to security under contracts 1028 UNIVERSITY OF GEORGIA LIBRARIES Director; depositor of state public documents 992 UPPER SAVANNAH RIVER DEVELOPMENT AUTHORITY Membership; jurisdiction Vetoed SB 342 UPSON COUNTY Thomaston-Upson County Office Building Authority; powers 4831 UTILITY CONTRACTORS Licensing; examinations; OSHA sanctions; continuing education; display of registration number; certificates; managers; foremen; bid limits 1339 V VEHICLE REGISTRATION See MOTOR VEHICLES AND TRAFFIC VETERANS Disabled veterans; qualification procedures for special license plates 467 Purple Heart recipients; special license plates 1793 Veterans Memorial Highway; designated 1179 VETERINARIANS Licensing; nonsurgical transfer of embryos exempted 700 Licensing; repeal of restriction of surgery or invasive procedures altering tissue to physicians, veterinarians, dentists, or podiatrists 349

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Liens of veterinarians and animal boarders; notice to owner; disposal of animal; liability of owner after disposal for treatment, care, or boarding 1044 VICTIMS OF CRIMES Addition to fines and bails; distribution to victims and witnesses assistance programs; certain cities 292 Defined 1728 Notice of offender's release, escape, or death; confidentiality of victim information; immunity for failure to notify 1728 Victim impact statements; allowance into evidence 1660 VILLA RICA, CITY OF Corporate limits 4592 W WALLER, JAMES L. AND ROMONA A. James L. and Romona A. Waller; easement over state property 1181 WALTER L. HARDIN BRIDGE Designated 1158 WALTON COUNTY Board of commissioners; membership; districts; elections; terms; compensation 5301 WAR BETWEEN THE STATES Civil War Commission; creation 1952 WARE COUNTY State court; judge; compensation 4284 WARNER ROBINS, CITY OF Council; elections; districts; terms; qualifications; meetings; vacancies; special election 3767 WARREN COUNTY Board of education; elections; school superintendent 3651 Probate court; clerical help; compensation 4288

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WASHINGTON COUNTY Board of commissioners; districts; elections; terms; qualifications 5083 Board of education; election; school superintendent 4652 Transfer to Central Savannah River Regional Development Center 1170 WASTE CONTROL LAW Litter defined; dumping prohibited; penalties 496 WASTE-WATER TREATMENT LABORATORY ANALYSTS Environmental Protection Division; training; certification 305 WASTE-WATER TREATMENT PLANT OPERATORS Environmental Protection Division; training; certification 305 WATER POLLUTION CONTROL FACILITIES Financing; Georgia Housing and Finance Authority 738 WATER WELL CONTRACTORS Licensing; continuing education 301 WATERS OF THE STATE, PORTS, AND WATERCRAFT Boats; display of registration decals; restriction of power boats and skiing 351 Code revision 91 High Falls Lake; boat docks; permits; State Properties Commission; licenses 396 Marine toilets; restrictions on Lake Blue Ridge; federal law precedence 459 Upper Savannah River Development Authority; membership; jurisdiction Vetoed SB 342 Vessels with marine toilet, galley, or sleeping quarters prohibited on specified lakes 790 WATKINSVILLE, CITY OF Mayor and council; terms; city election date 4718 WAYNE COUNTY Brunswick Judicial Circuit; judges; district attorney; salary supplement; Wayne County 4568 Homestead exemption; county and school district taxes; referendum Vetoed HB 745 State court; judge; solicitor; compensation 4328

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WAYNE GARNER PARKWAY Designated 1195 WEAPONS Jails; prohibited items; penalty 630 Possession by certain county and city officials 604 WEBSTER COUNTY Board of education; election; school superintendent 5075 WELFARE Revision of benefits and eligibility 1969 WESTERN JUDICIAL CIRCUIT District attorney; staff 4203 WHEELCHAIRS Assistive Technology Warranty Act 1797 Motorized Wheelchair Warranty Act; express warranties 1805 WHEELER COUNTY Oconee Judicial Circuit; judges; salary supplement 5092 WHITFIELD COUNTY Board of commissioners; term limits; chairman; compensation 4433 Magistrate court; nonpartisan elections 4435 WILKES COUNTY Board of commissioners; districts; terms 3637 Board of education; districts; terms 3630 Board of education; terms 3827 Coroner; compensation 4331 WILKINSON COUNTY Board of commissioners; districts 3897 Magistrate court; chief magistrate, magistrates, and clerk; compensation 4922 Probate court; judge; compensation; personnel 4922 Sheriff; compensation; personnel; powers 4874 Superior court; clerk; compensation; benefits; personnel 4552 Tax commissioner; compensation; benefits; personnel; powers 4556 Transfer to Middle Georgia Regional Development Center 1170

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WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES Affiliate banks; transfers of fiduciary capacities 915 Child; defined for purposes of year's support 1054 Fiduciary; renunciation 1057 Lost or destroyed will; procedure; applicability 1081 Presumption of revocability; applicability 1081 Renunciation by fiduciary 1057 Year's support; child defined 1054 WINDER, CITY OF State property; easement 1205 WINE Deliveries in certain vehicles 83 See also ALCOHOLIC BEVERAGES WIRETAPPING Telephonic communications of a minor; consent to wiretapping; court orders; recordings kept under seal 565 WITHHOLDING Buyer to withhold tax from nonresident seller of realty 768 Distributions by partnerships, Subchapter S corporations, and limited liability companies to certain nonresidents 597 WITNESS ASSISTANCE PROGRAMS Addition to fines and bails; distribution to victims and witnesses assistance programs; certain cities 292 WORKERS' COMPENSATION Administrative law judges; service on state board for appeals; experience modification worksheets 1365 Inmates or persons on work release programs; no eligibility for benefits 491 Policies; premium reductions; drug-free workplace 1512 Small Business Protection Act of 1993; policies; cancellation or nonrenewal notices; certified mail 1507 State Board of Workers' Compensation; access to records of fatal cases 1396 Unemployment compensation or workers' compensation coverage; independent contract carriers; exempted 323 WORTH COUNTY State court; solicitor; compensation 4589

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WRECKER SERVICES Occupation taxes; local governments 1292 WRONGFUL DEATH Recovery for spouse or parent; division between spouse and children; minor children 1055 X Y YARD TRIMMINGS Disposal 399 YEAR'S SUPPORT Child; defined for such purposes 1054 YONAH LAKE Vessels with marine toilet, galley, or sleeping quarters prohibited 790 Z ZONING Procedure for adopting zoning ordinance 806

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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 150,137* 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 216,774* 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 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 25,517* 25,495 22,310 25,203 23,620 22,234 23,622 DeKalb 546,171* 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 96,321* 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 Fulton 648,779* 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 35,067* 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 27,622* 25,020 20,691 18,116 16,553 14,771 12,748 Hall 95,434* 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 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 7,379* 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 2,210* 2,357 2,180 2,432 3,015 3,435 3,820 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 3,590* 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 23,251* 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 38,943* 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 55,532* 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 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 19,744* 18,064 14,770 16,682 19,357 21,374 21,094 Total 6,478,570 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. An asterisk denotes census revision since publication of the 1992 Ga. Laws.

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POPULATION NUMERICALLY LISTED ACCORDING TO 1990 CENSUS Asterisk denotes census revision County Population Fulton 648,779* DeKalb 546,171* Cobb 447,745 Gwinnett 352,910 Chatham 216,774* Richmond 189,719 Clayton 182,052 Muscogee 179,278 Bibb 150,137* Dougherty 96,321* Hall 95,434* 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 55,532* Spalding 54,457 Rockdale 54,091 Coweta 53,853 Liberty 52,745 Forsyth 44,083 Bullock 43,125 Catoosa 42,464 Newton 41,808 Paulding 41,611 Laurens 39,988 Baldwin 39,530 Thomas 38,943* Walton 38,586 Colquitt 36,645 Ware 35,471 Gordon 35,067* Tift 34,998 Polk 33,815 Sumter 30,228 Camden 30,167 Jackson 30,005 Barrow 29,721 Coffee 29,592 Habersham 27,622* Upson 26,300 Murray 26,147 Effingham 25,687 Decatur 25,517* Toombs 24,072 Stephens 23,251* 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 19,744* 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 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 7,379* 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 3,590* Clay 3,364 Glascock 2,357 Echols 2,334 Webster 2,263 Quitman 2,210* Taliaferro 1,915 Total 6,478,570

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POPULATION OF GEORGIA CITIES NUMERICALLY LISTED ACCORDING TO 1990 CENSUS Asterisk denotes census revision City Population, 1990 Atlanta city 393,929* Columbus city 178,681 Savannah city 137,812* Macon city 107,365* Albany city 78,804* Roswell city 47,923 Athens city 45,734 Augusta city 44,639 Marietta city 44,129 Warner Robins city 43,861* Valdosta city 40,038* East Point city 34,595* Smyrna city 30,981 Rome city 30,326 La Grange city 25,574* Dalton city 22,213* Hinesville city 21,596* Griffin city 21,347 College Park city 20,645* Peachtree City city 19,027 Gainesville city 17,885 Milledgeville city 17,727 Thomasville city 17,554* Decatur city 17,304* Lawrenceville city 17,251* Forest Park city 16,958* Americus city 16,512 Brunswick city 16,433 Waycross city 16,410 Dublin city 16,312 Carrollton city 16,029 Statesboro city 15,854 Moultrie city 14,865 Tifton city 14,215 Alpharetta city 13,002 Newnan city 12,497 Snellville city 12,084 Cartersville city 12,037* Douglasville city 11,635 Vidalia city 11,118* Cordele city 10,836* Bainbridge city 10,803* Douglas city 10,464 Covington city 10,056* Monroe city 9,759 Riverdale city 9,455* Perry city 9,452 Lilburn city 9,301 Thomaston city 9,127 Cairo city 9,035 Duluth city 9,029 Jesup city 8,958 Kennesaw city 8,936 Union City city 8,887* Fitzgerald city 8,810* Buford city 8,771 Toccoa city 8,530* St. Marys city 8,204* Fort Valley city 8,198 Cedartown city 7,978 Chamblee city 7,668 Doraville city 7,626 Garden City city 7,410 Conyers city 7,380 Winder city 7,373 Swainsboro city 7,361 Calhoun city 7,135 Powder Springs city 6,862* Thomson city 6,862 Villa Rica city 6,542 Stone Mountain city 6,494 La Fayette city 6,313 Sandersville city 6,290 Sylvester city 6,023* Norcross city 5,947 Fort Oglethorpe city 5,880 Fayetteville city 5,827 Waynesboro city 5,669* Blakely city 5,595 Hapeville city 5,483 Kingsland city 5,474* Clarkston city 5,385 Dawson city 5,295 Quitman city 5,292 Eastman city 5,241* Morrow city 5,168 Camilla city 5,124* Adel city 5,093 Summerville city 5,025 Elberton city 4,913* Ashburn city 4,827 Canton city 4,817 Nashville city 4,782 Barnesville city 4,747 Eatonton city 4,737 Pooler city 4,649* Sugar Hill city 4,557 Hartwell city 4,555 Acworth city 4,519 Montezuma city 4,506 Cochran city 4,483* Lyons city 4,478* Woodstock city 4,361 Bremen city 4,356 Washington city 4,279 Forsyth city 4,264* Hazlehurst city 4,202 Austell city 4,173 Commerce city 4,108 Manchester city 4,104 Jackson city 4,076 Fairburn city 4,013 Port Wentworth city 4,012 Pelham city 3,869 Baxley city 3,810* Millen city 3,808 Cuthbert city 3,730 Metter city 3,707 Glennville city 3,676 Hawkinsville city 3,671* Alma city 3,663 Jonesboro city 3,635 Rossville city 3,601 Grovetown city 3,596 West Point city 3,571 Madison city 3,483 Stockbridge city 3,359 Rockmart city 3,356 Blackshear city 3,263 Centerville city 3,251 Cornelia city 3,219 Ocilla city 3,182 Loganville city 3,180 Auburn city 3,139 Dahlonega city 3,086 McRae city 3,007 Rincon city 2,993* Hogansville city 2,976 Richmond Hill city 2,934 McDonough city 2,929 Greensboro city 2,878* Sylvania city 2,871 Chatsworth city 2,865 Tybee Island city 2,842 Cumming city 2,828 Thunderbolt town 2,821* Dallas city 2,810 Hephzibah city 2,806* Tallapoosa city 2,805 Soperton city 2,797 Donalsonville city 2,780* Jefferson city 2,763 Social Circle city 2,755 Lake City city 2,733 Tyrone town 2,724 Vienna city 2,708 Hampton city 2,694 Palmetto city 2,612 Royston city 2,563* Homerville city 2,560 East Dublin town 2,524 Louisville city 2,486* Reidsville city 2,469 Gordon city 2,468 Lakeland city 2,467 Claxton city 2,464 Lithonia city 2,448 Wadley city 2,416* Wrens city 2,414 Suwanee city 2,412 Holly Springs city 2,406 Wrightsville city 2,331 Monticello city 2,289 Folkston city 2,285 Byron city 2,276 Dacula city 2,217 Avondale Estates city 2,209 Harlem city 2,199 Warrenton city 2,195* Gray city 2,189 Chickamauga city 2,165* Adairsville city 2,131 Bloomingdale city 2,075* Walthourville city 2,024 Trenton city 1,994 Colquitt city 1,991 Oxford town 1,991* Bowdon city 1,981 Mount Vernon city 1,914 Temple city 1,870 Lavonia city 1,840 Darien city 1,783 Jasper city 1,772 Union Point city 1,753 Ellaville city 1,726* Pearson city 1,714 Sparta city 1,710 Locust Grove city 1,681 Ringgold city 1,675 Richland city 1,675* Butler city 1,673 Trion town 1,661 Cleveland city 1,653 Lookout Mountain city 1,636 Unadilla city 1,620 Clayton city 1,613 Watkinsville town 1,600 Tennille city 1,552 Jeffersonville city 1,545 Arlington city 1,513 Rochelle city 1,510 Pembroke city 1,503 Lincolnton city 1,476 Buena Vista city 1,472 Twin City city 1,466 Oakwood town 1,464 Marshallville city 1,457 Leesburg city 1,452 Baldwin city 1,439 Lumber City city 1,429 Woodbury town 1,429 Springfield city 1,415 Boston city 1,395 Hiram city 1,389 Statham city 1,360 Hahira city 1,353 Blue Ridge city 1,336 Oglethorpe city 1,302 Ludowici city 1,291 Porterdale town 1,278 Lumpkin city 1,267* Helena town 1,256 Flowery Branch town 1,251 Fort Gaines city 1,248 Willacoochee town 1,230* Reynolds town 1,229* Woodbine city 1,214* Broxton city 1,211 Sparks town 1,205 Emerson city 1,201 Ellijay city 1,184* Edison city 1,182 Grantville city 1,180 Greenville city 1,167 Shellman city 1,162 Clarkesville city 1,151 Meigs city 1,120 Sardis town 1,116 Cusseta city 1,107 Demorest city 1,088 Comer 1,079* Chester town 1,072 McCaysville city 1,065 Milan town 1,056 Ivey town 1,053 Nahunta city 1,049 Talbotton city 1,046 Zebulon city 1,035 Bogart town 1,018 Lula city 1,018 Brooklet town 1,013 Buchanan city 1,009 Nicholls city 1,003 Homeland city 981 Tunnel Hill city 970 Senoia city 956 Cave Spring city 950 Pine Mountain town 949* Doerun city 940* Roberta city 939 Abbeville city 919* Poulan city 918* Georgetown town 914* Omega city 912 Ball Ground city 905 Aragon city 902 Glenwood city 881 Franklin city 876 Winterville city 876 Russell city 871 Midway city 863 Alamo city 855 Euharlee town 850 Screven city 819 Alapaha town 812 Pine Lake city 810 Smithville city 804 Berkeley Lake city 791 Bowman city 791 Hagan city 787 Mountain City town 784 Lenox town 783 Pavo city 774 Waverly Hall town 769 Lovejoy city 754 Riceboro city 745 Homer town 742 Luthersville town 741 Guyton city 740 Mount Zion city 738* Canon city 737 Maysville town 728 Plains city 716 Norman Park city 711 Tignall town 711 Newton city 703 Leary city 701 Franklin Springs city 700* Waleska city 700 Arcade city 697 Crawford city 694 Gibson city 679 Rutledge city 659 Alto town 651 Fairmount city 643* Whitesburg town 643 Hoschton city 642 Irwinton town 641 Patterson city 626 Baconton city 623 Midville city 620 Toomsboro town 617 Kingston city 616 Adrian city 615 Stillmore town 615 Enigma town 611 Coolidge city 610 Whigham city 605 Young Harris city 604 Ray City city 603 Flovilla city 602 Bibb City town 597 Allenhurst town 594 Pineview town 594 Ochlocknee town 588 Ailey city 579 Ty Ty town 579 Crawfordville city 577 Blairsville city 564 Uvalda town 561 Ideal city 554 Mountain Park city 554 McIntyre town 552 Woodland city 552 Dearing town 547 Hiawassee town 547 Mount Airy town 543 White town 542 Menlo city 538 Morven city 536 Nicholson city 535 Cohutta town 529 Grayson city 529 Collins city 528 Portal town 522 Carnesville city 514 Bronwood town 513 Iron City town 503 Warwick city 501 Lake Park city 500 Lyerly town 493 Nelson city 486 Berlin town 480 Danville town 480 Dexter town 475 Dawsonville town 467 Rhine town 466 Remerton city 463 Waco city 461 Cadwell town 458 Walnut Grove town 458 Hamilton city 454 Byromville town 452 Leslie village 445 Colbert city 443 Hoboken city 440 Molena city 439 Arabi town 433 Dudley city 430 Braselton town 418 Sycamore city 417 Woodville city 415 Harrison town 414 Resaca city 410 Yatesville town 409 Davisboro city 407 Warm Springs city 407 Newborn town 404 Clermont town 402 Hilltonia city 402 Odum town 388 Pinehurst city 388 Preston city 388 Barwick town 385 Attapulgus town 380 Cecil town 376 Moreland town 366 Rentz town 364 Varnell city 358 Keysville town 350* Bethlehem town 348 East Ellijay city 344* Linwood town 342 Mansfield town 341 Cobbtown city 338 Denton city 335 Sasser town 335 Pitts city 334* Stapleton city 330 Shiloh city 329 Siloam town 329 Brooks town 328 Ephesus town 324 Sale City town 324 Milner city 321 Newington town 319 Danielsville city 318 Eton city 315 Chauncey town 312 Bowersville town 311 Bostwick town 307 Centralhatchee town 301 Tiger town 301 Blythe town 300 Helen city 300 Pendergrass city 298 Ila city 297 Kite town 297 Morganton town 295 Williamson town 295 Bartow town 292 Gumbranch city 291 Damascus town 290 Climax city 290* Ambrose city 288 White Plains town 286 Carlton city 282 Flemington city 279 Andersonville village 277 Arnoldsville city 275 Higgston town 274 Allentown town 273 Oak Park town 269 Taylorsville town 269 North High Shoals town 268 Lexington city 265* Pulaski town 264 Carl town 263 De Soto village 258 Garfield town 255 Surrency town 253 Morgan city 252 Meansville city 250 Funston town 248 Roopville town 248 Braswell city 247 Scotland city 244 Martin town 243 Culloden city 242 Oliver city 242 Orchard Hill town 239 Brinson town 238 Norwood town 238 Oconee town 234 Plainville city 231 Ellenton town 227 Sharpsburg town 224 Camak town 220 Avera city 215 Sunny Side city 215 Jenkinsburg town 213 Concord town 211 Sumner town 209 Argyle town 206 Dillard town 199 Rocky Ford town 197 Girard town 195 Register town 195 Lilly town 195* Bellville city 192 Payne city 192 Talmo town 189 Turin town 189 Sky Valley city 187 Parrott town 183* Geneva town 182 Junction City town 182 Good Hope town 181 Mitchell town 181 Maxeys town 180 Shady Dale town 180 Du Pont town 177 Buckhead town 176 Rest Haven town 176 Lone Oak town 161 Alston town 160 Avalon town 159 Bishop town 158 Hull city 156 Santa Claus city 154 Mineral Bluff town 153 Ranger town 153 Summertown town 153 Jersey town 149 Rebecca town 148 Tallulah Falls town 147 Vernonburg town 143* Haralson town 139 Bluffton town 138 Daisy city 138 Dooling town 138* Coleman city 137 Jakin town 137 Corinth town 136 Nunez town 135 Gay town 133 Tarrytown village 130 Jacksonville town 128 Aldora town 127 Manassas city 123 Woolsey town 120 Montrose town 117 Omaha city 116 Gillsville town 113 Deepstep town 111 Naylor town 111 Rayle town 107 Vidette city 98* Sharon city 94 The Rock town 88 Between town 82 Riddleville town 79 Riverside town 74 Weston town 74* Talking Rock town 62 Edge Hill city 22

Page CLXXXV

JUDICIAL CIRCUITS Atlanta Judicial Circuit 648,779 County of Fulton Stone Mountain Judicial Circuit 546,171 County of DeKalb Cobb Judicial Circuit 447,745 County of Cobb Gwinnett Judicial Circuit 352,910 County of Gwinnett Augusta Judicial Circuit 276,329 Counties of Burke, Columbia, and Richmond Chattahoochee Judicial Circuit 233,756 Counties of Chattahoochee, Harris, Marion, Muscogee, Talbot, and Taylor Eastern Judicial Circuit 216,774 County of Chatham Coweta Judicial Circuit 211,846 Counties of Carroll, Coweta, Heard, Meriwether, and Troup Clayton Judicial Circuit 182,052 County of Clayton Macon Judicial Circuit 180,317 Counties of Bibb, Crawford, and Peach Southern Judicial Circuit 169,301 Counties of Brooks, Colquitt, Echols, Lowndes, and Thomas Griffin Judicial Circuit 153,396 Counties of Spalding, Pike, Upson, and Fayette Brunswick Judicial Circuit 142,795 Counties of Appling, Camden, Glynn, Wayne, and Jeff Davis Lookout Mountain Judicial Circuit 136,193 Counties of Catoosa, Dade, Chattooga, and Walker Blue Ridge Judicial Circuit 134,287 Counties of Cherokee and Forsyth Northeastern Judicial Circuit 104,863 Counties of Hall and Dawson Ocmulgee Judicial Circuit 126,671 Counties of Baldwin, Greene, Jasper, Jones, Morgan, Putnam, Wilkinson, and Hancock Atlantic Judicial Circuit 109,483 Counties of Bryan, Liberty, McIntosh, Tattnall, Evans, and Long Waycross Judicial Circuit 107,530 Counties of Pierce, Coffee, Charlton, Ware, Bacon, and Brantley Western Judicial Circuit 105,212 Counties of Clarke and Oconee Flint Judicial Circuit 104,218 Counties of Butts, Henry, Monroe, and Lamar Conasauga Judicial Circuit 98,609 Counties of Murray and Whitfield Tallapoosa Judicial Circuit 97,392 Counties of Haralson, Polk, and Paulding Dougherty Judicial Circuit 96,321 County of Dougherty Cherokee Judicial Circuit 90,978 Counties of Bartow and Gordon Ogeechee Judicial Circuit 90,901 Counties of Bulloch, Effingham, Jenkins, and Screven Houston Judicial Circuit 89,208 County of Houston Middle Judicial Circuit 88,882 Counties of Emanuel, Jefferson, Washington, Toombs, and Candler Northern Judicial Circuit 86,128 Counties of Elbert, Hart, Madison, Oglethorpe, and Franklin Rome Judicial Circuit 81,251 County of Floyd Alcovy Judicial Circuit 80,394 Counties of Newton and Walton South Georgia Judicial Circuit 74,699 Counties of Baker, Calhoun, Decatur, Grady, and Mitchell Tifton Judicial Circuit 72,094 Counties of Tift, Irwin, Worth, and Turner Douglas Judicial Circuit 71,120 County of Douglas Southwestern Judicial Circuit 71,099 Counties of Lee, Macon, Schley, Stewart, Sumter, and Webster Piedmont Judicial Circuit 70,034 Counties of Barrow, Jackson, and Banks Dublin Judicial Circuit 64,117 Counties of Laurens, Johnson, Twiggs, and Treulten Mountain Judicial Circuit 62,521 Counties of Habersham, Rabun, and Stephens Oconee Judicial Circuit 59,427 Counties of Dodge, Montgomery, Pulaski, Telfair, Bleckley, and Wheeler Rockdale Judicial Circuit 54,091 County of Rockdale Cordele Judicial Circuit 53,165 Counties of Dooly, Wilcox, Crisp, and Ben Hill Pataula Judicial Circuit 51,394 Counties of Clay, Early, Miller, Quitman, Randolph, Terrell, and Seminole Toombs Judicial Circuit 48,508 Counties of Glascock, Lincoln, McDuffie, Taliaferro, Warren, and Wilkes Enotah Judicial Circuit 46,326 Counties of Lumpkin, Towns, Union, and White Alapaha Judicial Circuit 45,513 Counties of Atkinson, Berrien, Clinch, Cook, and Lanier Appalachian Judicial Circuit 43,792 Counties of Fannin, Gilmer, and Pickens

Page CLXXXVIII

GEORGIA STATE SENATE COUNTY Senatorial District Appling 6 Atkinson 19 Bacon 6 Baker 11 12 Baldwin 25 Banks 47 Barrow 45 46 Bartow 31 52 Ben Hill 13 19 Berrien 7 Bibb 18, 26, 27 Bleckley 18 Brantley 6 Brooks 8 11 Bryan 2 3 Bulloch 4 Burke 22 Butts 17 Calhoun 12 Camden 7 Candler 20 Carroll 30 Catoosa 54 Charlton 7 Chatham 1 2 Chattahoochee 15 Chattooga 53 Cherokee 37, 51, 56 Clarke 46 Clay 12 Clayton 10, 34, 44 Clinch 7 Cobb 21, 32, 33, 37, 38 Coffee 19 Colquitt 11 13 Columbia 23 24 Cook 7 13 Coweta 28 Crawford 27 Crisp 13 Dade 53 Dawson 50 Decatur 8 11 DeKalb 5, 10, 41, 42, 43, 55 Dodge 19 Dooly 13 Dougherty 12 14 Douglas 30 34 Early 11 Echols 7 Effingham 2 4 Elbert 47 Emanuel 20 Evans 4 Fannin 51 Fayette 28 34 Floyd 52 Forsyth 48 49 Franklin 47 Fulton 34, 35, 36, 38, 39, 40, 56 Gilmer 51 Glascock 24 Glynn 3 6 Gordon 51 Grady 8 11 Greene 25 Gwinnett 5, 9, 41, 48, 56 Habersham 50 Hall 49 Hancock 25 Haralson 31 Harris 16 29 Hart 47 Heard 29 Henry 17 Houston 18 Irwin 13 Jackson 47 Jasper 25 Jeff Davis 19 Jefferson 24 25 Jenkins 4 Johnson 20 Jones 25 26 Lamar 27 Lanier 7 Laurens 19 20 Lee 14 Liberty 2 3 Lincoln 24 Long 3 Lowndes 8 11 Lumpkin 50 McDuffie 24 McIntosh 3 Macon 14 Madison 47 Marion 16 Meriwether 29 Miller 8 Mitchell 11 13 Monroe 27 Montgomery 20 Morgan 24 Murray 54 Muscogee 15 16 Newton 17 45 Oconee 24 46 Oglethorpe 24 Paulding 31 Peach 14 Pickens 51 Pierce 6 Pike 29 Polk 31 Pulaski 18 Putnam 25 Quitman 12 Rabun 50 Randolph 12 Richmond 22 23 Rockdale 17 45 Schley 14 Screven 4 Seminole 11 Spalding 28 29 Stephens 50 Stewart 12 Sumter 14 Talbot 16 Taliaferro 25 Tattnall 4 Taylor 14 Telfair 19 Terrell 12 Thomas 8 11 Tift 7 Toombs 20 Towns 50 Treutlen 20 Troup 29 Turner 13 Twiggs 26 Union 50 Upson 27 Walker 53 Walton 45 Ware 6 7 Warren 24 25 Washington 20 25 Wayne 3 6 Webster 12 Wheeler 20 White 50 Whitfield 53 54 Wilcox 19 Wilkes 24 Wilkinson 20 26 Worth 13

Page CXC

SENATORS OF GEORGIA ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS AND ADDRESSES FOR THE TERM 1992-1993 District Senator Address 38 Ralph Abernathy III Suite 511, 18 Capitol Sq. Atlanta 30334 2 Roy Allen 1406 Law Drive Savannah 31401 9 Don Balfour 2889 Carrousel Court Stone Mountain 30087 25 Wilbur E. Baugh 209 Gordon Road Milledgeville 31061 7 Peg Blitch P. O. Box 335 Homerville 31634 6 Edward E. Boshears P. O. Box 536 St. Simons Isle 31522 13 Rooney L. Bowen P. O. Box 1238 Cordele 31015 46 Paul C. Broun 165 Pulaski Street Athens 30610 26 Robert Brown P. O. Box 5742 Macon 31208 5 Joe Burton 2598 Woodwardia Road, N.E. Atlanta 30345 23 Don Cheeks 3047 Walton Way Augusta 30909 37 Charles C. Clay Brock Clay, P.C., 49 Atlanta St. Marietta 30060 1 J. Tom Coleman, Jr. P. O. Box 22398 Savannah 31403 17 Mike D. Crotts 1870 Wildwood Court Conyers 30208 45 Harrill L. Dawkins Suite A, 1805 Overlake Drive Conyers 30208 48 Clint M. Day Ste. 300 4725 Peachtree Corners Cir. Norcross 30092 31 Nathan Dean P. O. Box 606 Rockmart 30153 28 Arthur B. Edge, IV P. O. Box 1608 Newnan 30264 40 Mike Egan 999 Peachtree Street, N.E. 24th Floor Atlanta 30309 54 Stephen B. Farrow P. O. Box 2666 Dalton 30722 30 Wayne Garner P. O. Box 2278 Carrollton 30117 20 Hugh M. Gillis, Sr. P. O. Box 148 Soperton 30457 34 Pam Glanton 8374 Creekridge Circle Riverdale 30296 27 Edwin A. Gochenour 634 Fairmont Drive Macon 31210 15 Ed Harbison P. O. Box 1292 Columbus 31902 49 Jane Hemmer 3645 White Sulphur Road Gainesville 30507 55 Steve Henson 5722 Wells Circle Stone Mountain 30087 4 Jack Hill P. O. Box 496 Reidsville 30453 14 George Hooks P. O. Box 928 Americus 31709 53 Waymond C. Huggins P. O. Box 284 LaFayette 30728 21 Johnny Isakson 5074 Hampton Farms Drive Marietta 30068 3 Rene D. Kemp P. O. Box 497 Hinesville 31313 35 Arthur Langford, Jr. 1544 Niskey Lake Trail, S.W. Atlanta 30331 29 Steven E. Langford P. O. Box 1287 LaGrange 30241 47 Eddie M. Madden 62 Chestnut Street Elberton 30635 52 Richard O. Marable 76 River Lane Rome 30161 50 S. Guy Middleton Route Five, Box 1235 Dahlonega 30533 56 Sallie Newbill 7205 Riverside Drive Atlanta 30328 42 Mary Margaret Oliver Ste 480 150 E Ponce de Leon Ave. Decatur 30030 43 John Parrish P. O. Box 370193 Decatur 30034 18 Sonny Perdue P. O. Box 98 Bonaire 31005 24 G. B. Pollard, Jr. P. O. Box 6 Appling 30802 11 Harold J. Ragan 1296 Crine Boulevard, N.W. Cairo 31728 32 Hugh A. Ragan 4010 West Cooper Lake Drive Smyrna 30082 51 David Ralston P. O. Box 1196 Blue Ridge 30513 19 Walter S. Ray P. O. Box 295 Douglas 31533 16 Pete Robinson P. O. Box 751 Columbus 31902 36 David Scott 190 Wendell Drive, S.E. Atlanta 30315 39 Ronald D. Slotin P. O. Box 14614 Atlanta 30324 44 Terrell Starr P. O. Box 545 Forest Park 30051 12 Mark Taylor P. O. Box 1156 Albany 31702 10 Nadine Thomas 1375 Town Country Drive Atlanta 30316 33 Steve Thompson 5264 Seamus Way Powder Springs 30073 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 Twelfth Street Augusta 30901

Page CXCIII

MEMBERS OF THE SENATE OF GEORGIA BY DISTRICTS IN NUMERICAL ORDER AND ADDRESSES FOR THE TERM 1992-1993 District Senator Address 1 J. Tom Coleman, Jr. P. O. Box 22398 Savannah 31403 2 Roy Allen 1406 Law Drive Savannah 31401 3 Rene D. Kemp P. O. Box 497 Hinesville 31313 4 Jack Hill P. O. Box 496 Reidsville 30453 5 Joe Burton 2598 Woodwardia Road, N.E. Atlanta 30345 6 Edward E. Boshears P. O. Box 536 St. Simons Isle 31522 7 Peg Blitch P. O. Box 335 Homerville 31634 8 Loyce W. Turner 608 Howellbrook Drive Valdosta 31602 9 Don Balfour 2889 Carrousel Court Stone Mountain 30087 10 Nadine Thomas 1375 Town Country Drive Atlanta 30316 11 Harold J. Ragan 1296 Crine Boulevard, N.W. Cairo 31728 12 Mark Taylor P. O. Box 1156 Albany 31702 13 Rooney L. Bowen P. O. Box 1238 Cordele 31015 14 George Hooks P. O. Box 928 Americus 31709 15 Ed Harbison P. O. Box 1292 Columbus 31902 16 Pete Robinson P. O. Box 751 Columbus 31902 17 Mike D. Crotts 1870 Wildwood Court Conyers 30208 18 Sonny Perdue P. O. Box 98 Bonaire 31005 19 Walter S. Ray P. O. Box 295 Douglas 31533 20 Hugh M. Gillis, Sr. P. O. Box 148 Soperton 30457 21 Johnny Isakson 5074 Hampton Farms Drive Marietta 30068 22 Charles W. Walker 1402 Twelfth Street Augusta 30901 23 Don Cheeks 3047 Walton Way Augusta 30909 24 G. B. Pollard, Jr. P. O. Box 6 Appling 30802 25 Wilbur E. Baugh 209 Gordon Road Milledgeville 31061 26 Robert Brown P. O. Box 5742 Macon 31208 27 Edwin A. Gochenour 634 Fairmont Drive Macon 31210 28 Arthur B. Edge, IV P. O. Box 1608 Newnan 30264 29 Steven E. Langford P. O. Box 1287 LaGrange 30241 30 Wayne Garner P. O. Box 2278 Carrollton 30117 31 Nathan Dean P. O. 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 Pam Glanton 8374 Creekridge Circle Riverdale 30296 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 Brock Clay, P.C. 49 Atlanta St. Marietta 30060 38 Ralph Abernathy III Suite 511, 18 Capitol Sq. Atlanta 30334 39 Ronald D. Slotin P. O. Box 14614 Atlanta 30324 40 Mike Egan 999 Peachtree Street, N.E. 24th Floor Atlanta 30309 41 James W. Tysinger 3781 Watkins Place, N.E. Atlanta 30319 42 Mary Margaret Oliver Ste 480 150 E Ponce de Leon Ave. Decatur 30030 43 John Parrish P. O. Box 370193 Decatur 30034 44 Terrell Starr P. O. Box 545 Forest Park 30051 45 Harrill L. Dawkins Suite A, 1805 Overlake Drive Conyers 30208 46 Paul C. Broun 165 Pulaski Street Athens 30610 47 Eddie M. Madden 62 Chestnut Street Elberton 30635 48 Clint M. Day Ste. 300 4725 Peachtree Corners Cir. Norcross 30092 49 Jane Hemmer 3645 White Sulphur Road Gainesville 30507 50 S. Guy Middleton Route Five, Box 1235 Dahlonega 30533 51 David Ralston P. O. Box 1196 Blue Ridge 30513 52 Richard O. Marable 76 River Lane Rome 30161 53 Waymond C. Huggins P. O. Box 284 LaFayette 30728 54 Stephen B. Farrow P. O. Box 2666 Dalton 30722 55 Steve Henson 5722 Wells Circle Stone Mountain 30087 56 Sallie Newbill 7205 Riverside Drive Atlanta 30328

Page CXCVI

GEORGIA HOUSE OF REPRESENTATIVES COUNTY House District Appling 170 Atkinson 167 Bacon 169 Baker 158 161 Baldwin 121 122 Banks 22 Barrow 86 Bartow 13, 14 27 Ben Hill 156 Berrien 166 Bibb 124-128 Bleckley 142 Brantley 169 Brooks 177 178 Bryan 147 154 Bulloch 145 146 Burke 116 119 Butts 109 Calhoun 158 Camden 175 Candler 145 Carroll 100 101 Catoosa 2 3 Charlton 169 175 Chatham 148-153 Chattahoochee 134 137 Cherokee 15-17 Clarke 24, 88 89 Clay 158 Clayton 93-97 Clinch 176 Cobb 29-40 51 Coffee 167 Colquitt 164-166 Columbia 112-114 120 Cook 166 177 Coweta 103, 104, 106 131 Crawford 128 140 Crisp 138 141 Dade 1 Dawson 19 Decatur 160, 164 179 DeKalb 59-75 Dodge 142 Dooly 138, 140 141 Dougherty 161-163 Douglas 98 99 Early 158 160 Echols 176 Effingham 147 Elbert 90 Emanuel 144 Evans 154 Fannin 6 7 Fayette 104 105 Floyd 11-13 Forsyth 28 85 Franklin 22 23 Fulton 41-58 Gilmer 7 Glascock 120 Glynn 169, 173 174 Gordon 10 Grady 179 180 Greene 111 Gwinnett 25 76-86 Habersham 9 Hall 19-21 25 Hancock 121 Haralson 18 Harris 102 Hart 23 Heard 103 Henry 107-109 Houston 127, 138, 139 141 Irwin 156 Jackson 25 Jasper 110 Jeff Davis 170 Jefferson 120 Jenkins 145 Johnson 144 Jones 110 123 Lamar 109 110 Lanier 176 Laurens 142 143 Lee 157 159 Liberty 154 171-173 Lincoln 90 112 Long 171 Lowndes 176, 177, 178 Lumpkin 7 8 Macon 140 Madison 24 Marion 137 158 McDuffie 112 120 McIntosh 173 Meriwether 131 137 Miller 160 Mitchell 158 164 Monroe 110 Montgomery 155 Morgan 91 Murray 6 Muscogee 102, 132, 133-136 Newton 91 92 Oconee 91 Oglethorpe 90 Paulding 18 26 Peach 128 140 Pickens 15 Pierce 169 171 Pike 129 Polk 18 27 Pulaski 138 Putnam 111 122 Quitman 158 Rabun 8 Randolph 158 Richmond 114-119 Rockdale 74 75 Schley 137 140 Screven 146 Seminole 160 Spalding 106 107 Stephens 22 Stewart 158 Sumter 159 Talbot 102 137 Taliaferro 111 Tattnall 154 Telfair 142 170 Terrell 137 159 Thomas 178-180 Tift 159 165 Toombs 155 Towns 8 Treutlen 144 Troup 102, 130 131 Turner 157 Twiggs 123 Union 7 Upson 129 Walker 1, 2 11 Walton 84 87 Ware 168 Warren 111 120 Washington 121 Wayne 170 171 Webster 159 Wheeler 155 White 8 9 Whitfield 4-6 Wilcox 156 Wilkes 90 111 Wilkinson 123 Worth 157 163

Page CXCVIII

MEMBERS OF GEORGIA HOUSE OF REPRESENTATIVES ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS AND ADDRESS FOR THE TERM 1991-1992 District Representative Address 46 Kathy Ashe 82 Westminster Drive, N.E. Atlanta 30309 29 William A. Atkins 4719 Windsor Drive Smyrna 30082 93 Frank I. Bailey, Jr. Post Office Box 777 Riverdale 30274 70 Thurbert E. Baker 4048 Rainbow Drive Decatur 30034 77 Charles E. Bannister Post Office Box 775 Lilburn 30247 155 Fisher Barfoot 1302 North Loop Road Vidalia 30474 120 Emory E. Bargeron Post Office Box 447 Louisville 30434 33 Roy E. Barnes 4841 Brookwood Drive Mableton 30059 179 Kermit Francis Bates, Jr. Post Office Box 915 Bainbridge 31717 96 Jimmy Benefield 6656 Morning Dove Place Jonesboro 30236 123 Kenneth W. Birdsong Route One Gordon 31031 151 Tom Bordeaux 126 East Liberty Street Savannah 31401-4411 165 Henry Bostick Post Office Box 94 Tifton 31793 85 Keith Breedlove Post Office Box 165, Suite 100 Buford 30518 103 Donna Staples Brooks Post Office Box 2037 Newnan 30264 54 Tyrone Brooks Station A, P. O. Box 11185 Atlanta 30310-0185 117 George M. Brown Post Office Box 1114 Augusta 30903 135 Thomas B. Buck III Post Office Box 196 Columbus 31902 95 Gail M. Buckner 1262 Trahlyta Terrace Lake City 30260 74 Barbara Jean Bunn 2635 Stanton Road Conyers 30208 41 Joseph M. Burkhalter 345 Rolling Mist Court Alpharetta 30202 170 Roger Byrd Post Office Box 756 Hazlehurst 31539 42 Thomas R. Campbell, Jr. 1088 Canton Street Roswell 30075 52 Henrietta M. Canty 487 Lynn Valley Road, S.W. Atlanta 30311 107 John Carlisle Post Office Box 120 Griffin 30233 87 Tyrone Carrell Post Office Box 561 Monroe 30655 166 Hanson Carter Post Office Box 711 Nashville 31639 35 Tom Cauthorn Suite 1500 100 Galleria Parkway Atlanta 30339 163 Tommy Chambless Post Office Box 2008 Albany 31703-2001 99 Dennis H. Chandler 1929 South Flat Rock Road Douglasville 30134 111 R. M. Channell Post Office Box 839 Greensboro 30642 13 E. M. Childers 28 Surrey Trail Rome 30161 40 Steven C. Clark 4985 Shallow Ridge Road Kennesaw 30144 31 Lynda Coker Post Office Box 578 Marietta 30061 80 Brooks P. Coleman, Jr. Post Office Box 273 Duluth 30136 142 Terry L. Coleman Post Office Box 157 Eastman 31023 7 Carlton H. Colwell Post Office Box 850 Blairsville 30512 115 Jack Connell Post Office Box 308 Augusta 30903 160 Cathy Cox 1302 Loblolly Lane Bainbridge 31717 129 Robert M. Crawford Post Office Box 350 Concord 30206 78 Ronald A. Crews 944 Millbrook Court Tucker 30084 132 Ronnie Culbreth Post Office Box 4781 Columbus 31904 27 Bill Cummings 735 Morgan Valley Road Rockmart 30153 48 Grace W. Davis 1474 Stewart Avenue, S.W. Atlanta 30310 60 J. Max Davis 1177 West Nancy Creek Drive, N.E. Atlanta 30319 83 John D. Dickinson 2789 Adella Court Snellville 30278 76 Scott Dix 4112 Cumberland Drive Snellville 30278 168 Harry D. Dixon 1303 Coral Road Waycross 31501 150 Sonny Dixon Post Office Box 18266 Garden City 31408 92 Denny M. Dobbs Post Office Box 3020 Covington 30209 9 William J. Dover Route Two, Timbrook Clarkesville 30523 36 Earl Ehrhart 4725 Bradford Lane Powder Springs 30073 28 Mike A. Evans 209 Pine Lake Drive Cumming 30130 43 Dorothy Felton 465 Tanacrest Drive, N.W. Atlanta 30328 172 James Marvin Floyd Post Office Box 1009 Hinesville 31313 138 Johnny Floyd Post Office Box 5260 Cordele 31015 145 John Godbee 401 Lane Street Brooklet 30415 177 Tim Golden 821 West Cranford Avenue Valdosta 31602 79 Bill Goodwin 6260 Indian River Drive Norcross 30092 158 Gerald E. Greene Route Three, Box 316 Cuthbert 31740 125 Denmark Groover Post Office Box 755 Macon 31202 32 John W. Hammond Post Office Box 548 Marietta 30061 159 Robert Hanner Post Office Box 310 Dawson 31742 17 Melanie S. Harris 1490 Dupree Road Woodstock 30188 112 Robert Harris 969 Ginger Hill Road, N.E. Thomson 30824 116 Bettieanne Childers Hart Post Office Box 774 Waynesboro 30830 89 Keith G. Heard Post Office Box 5068 Athens 30606 66 June Hegstrom 3291 Church Street Scottdale 30079 98 William A. Hembree 8557 Campbellton Street Douglasville 30134 65 Michele Henson 4140 Creek Stone Court Stone Mountain 30083 157 Ray Holland Post Office Box 1988 Ashburn 31714 53 Robert A. Holmes Post Office Box 110009 Atlanta 30311-0009 118 Henry Howard 2047 Martin Luther King Boulevard Augusta 30901 156 Newt Hudson Route One, Box 29-A Rochelle 31079 19 David J. Hughes Post Office Box 755 Dawsonville 30534 133 Carolyn F. Hugley Post Office Box 6342 Columbus 31907 140 Lynmore James Route Two, Box 167A Montezuma 31063 22 Jeanette Jamieson Post Office Box 852 Toccoa 30577 110 Curtis S. Jenkins Post Office Box 634 Forsyth 31029 148 Diane Harvey Johnson Post Office Box 5544 Savannah 31414 97 Dorthy Gail Johnson 9363 Forest Knoll Drive Jonesboro 30236 153 Eric B. Johnson 22 Noble Glen Drive Savannah 31406 84 Jere W. Johnson Post Office Box 224 Grayson 30221 81 Ralph L. Johnston 4574 Bogie Road Duluth 30136 71 Vernon Jones 3575 Grey Fox Chase Lithonia 30058 1 Brian Joyce 260 Raynes Chappell Road Lookout Mountain 30750 37 Mitchell Kaye 2137 Spindrift Court Marietta 30062 4 Gregory H. Kinnamon Post Office Box 1444 Dalton 30722 39 Kip Klein Post Office Box 486 Marietta 30061 59 Charles B. Ladd 5218 Fontainebleau Court Atlanta 30360 105 Daniel J. Lakly 306 Raintree Bend Peachtree City 30269 146 Bob Lane Post Office Box 275 Statesboro 30458 55 Dick Lane 2704 Humphries Street East Point 30344 64 Thomas E. Lawrence P. O. Box 1776 Stone Mountain 30083-1776 20 Bobby Lawson Post Office Box 53 Gainesville 30503 94 William J. Lee 5325 Hillside Drive Forest Park 30050 14 Jeff Lewis Post Office Box 480 White 30184 121 Jimmy Lord Post Office Box 254 Sandersville 31082 124 David E. Lucas 448 Woolfolk Street Macon 31201 108 Leland L. Maddox 15 Wynfield Drive Stockbridge 30281 5 Harold Mann Post Office Box 1927 Dalton 30722 47 Jim Martin 44 Broad Street, Suite 500 Atlanta 30303 88 Mary Louise McBee 145 Pine Valley Place Athens 30606 68 Jo Ann McClinton 132 East Lake Drive, S.E. Atlanta 30317 51 J. E. McKinney 765 Shorter Terrace, N.W. Atlanta 30318 130 Wade Milam Post Office Box 1361 LaGrange 30241 21 James W. Mills Post Office Box 7114 Chestnut Mountain 30502 69 Barbara J. Mobley Post Office Box 371442 Decatur 30037 86 John O. Mobley, Jr. 102 Brandywine Drive Winder 30680 113 Martha W. Moore 12 Plantation Hills Drive Evans 30809 171 Hinson Mosley 1901 Old Screven Road Jesup 31545 152 Anne Mueller 13013 Hermitage Road Savannah 31419 18 Thomas B. Murphy Post Office Drawer 1140 Bremen 30110 154 Clinton Oliver Post Office Box 237 Glennville 30427 75 Earl L. O'Neal 1381 Northside Drive Conyers 30207 56 Nan Orrock 1070 Delaware Avenue, S.E. Atlanta 30316 119 Mike Padgett 1140 Bennock Mill Road Augusta 30906 122 Bobby Eugene Parham Post Office Box 606 Milledgeville 31061 144 Larry Parrish 224 West Main Street Swainsboro 30401 176 Robert L. Patten Route One, Box 180 Lakeland 31635 149 Dorothy B. Pelote Post Office Box 1802 Savannah 31401 11 Tim Perry 379 Park Avenue Trion 30753 15 Garland Pinholster Route Four, Box 170 Ballground 30107 6 Charles Poag Post Office Box 441 Harris Street Eton 30724 67 Mike Polak 446 Candler Street, N.E. Atlanta 30307 143 DuBose Porter Post Office Drawer B, CSS Dublin 31040 3 McCracken Poston, Jr. Post Office Box 988 Ringgold 30736 23 Alan T. Powell Post Office Box 248 Hartwell 30643 147 Ann R. Purcell Post Office Box 1295 Rincon 31326-1295 127 William C. Randall Post Office Box 121 Macon 31202 72 Mamie M. Randolph 1625 Flintwood Drive, S.E. Atlanta 30316 128 Robert Ray Route Four, Box 1071 Fort Valley 31030 178 Henry L. Reaves Route Two, Box 83 Quitman 31643 126 Robert A. B. Reichert Post Office Box 6497 Macon 31208 162 Lawrence R. Roberts 1107 East Fourth Avenue Albany 31705 164 A. Richard Royal Post Office Box 607 Camilla 31730 24 John Scoggins P. O. Box 1083, Veteran's Drive Danielsville 30633 10 Tom E. Shanahan Post Office Box 1298 Calhoun 30703 62 Tom Sherrill 2404 Brookdale Drive, N.E. Atlanta 30345 38 Kemmel W. Shipp Post Office Box 1508 Kennesaw 30144 101 John Simpson 302-A Newnan Street Carrollton 30117 57 Georganna Sinkfield 179 Tonawanda Drive, S.E. Atlanta 30315 45 Demetrios J. Skandalakis 5610 Windy Ridge Drive Atlanta 30342 137 Jimmy Skipper Post Office Box 488 Americus 31709 175 Charles C. Smith, Jr. Post Office Drawer 766 St. Marys 31558 109 Larry Smith Post Office Box 4155 Jackson 30233 12 Paul E. Smith Post Office Box 486 Rome 30162 169 Tommy Smith Route One Alma 31510 102 Vance C. Smith, Jr. Post Office Box 171 Pine Mountain 31822 174 Willou Smith 10 St. Andrews Court, Riverfront Plaza Brunswick 31520 136 Calvin Smyre Post Office Box 181 Columbus 31902 2 Michael M. Snow Route Two, Box 1595 Chickamauga 30707 91 Frank E. Stancil Post Office Box 694 Watkinsville 30677 16 Steve Stancil Post Office Box 1421 Canton 30114 50 LaNett Stanley 712 Gary Road, N.W. Atlanta 30318 49 Pamela A. Stanley 706 Foundry Street, N.W. Atlanta 30314 25 Tommy Stephenson 327 Hillcrest Court Commerce 30529 167 Van Streat, Sr. Post Office Box 95 Nicholls 31554 134 Maretta M. Taylor 1203 Bunker Hill Road Columbus 31907 58 Sharon Beasley Teague Post Office Box 488 Red Oak 30272 61 Doug Teper 1396 Sylvan Circle, N.E. Atlanta 30319 100 Charles Thomas, Jr. Post Office Box 686 Temple 30179 173 E. C. Tillman Post Office Box 897 Brunswick 31521 180 Theo Titus III RFD 1, Box 441 Thomasville 31792 30 Matt A. Towery 4261 Woodland Brooks Drive Atlanta 30339 44 Sharon Trense 135 Classic Cove Atlanta 30350 73 Henrietta E. Turnquest 3471 Cherry Ridge Place Decatur 30034 8 Ralph Twiggs Post Office Box 432 Hiawassee 30546 34 Jack Vaughan, Jr. 2410 Tammeron Drive Marietta 30064 131 Carl Von Epps Post Office Box 1368 LaGrange 30240 141 Larry Walker Post Office Box 1234 Perry 31069 82 Vinson Wall 164 East Oak Street Lawrenceville 30245 139 Roy H. Watson, Jr. Post Office Box 1905 Warner Robins 31099 26 Charlie Watts 505 Hardee Street Dallas 30132 104 Lynn A. Westmoreland Post Office Box 1060 Fayetteville 30214 161 John White Post Office Box 3506 Albany 31706 63 Betty Jo Williams 2024 Castleway Drive, N.E. Atlanta 30345 114 Robin L. Williams Post Office Box 15993 Augusta 30919-1993 106 John P. Yates 961 Birdie Road Griffin 30223 90 Charles Yeargin 305 Heard Street Elberton 30635

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MEMBERS OF GEORGIA HOUSE OF REPRESENTATIVES BY DISTRICTS IN NUMERICAL ORDER WITH ADDRESSES FOR THE TERM 1992-1993 District Representative Address 1 Brian Joyce 260 Raynes Chappell Road Lookout Mountain 30750 2 Michael M. Snow Route Two, Box 1595 Chickamauga 30707 3 McCracken Poston, Jr. Post Office Box 988 Ringgold 30736 4 Gregory H. Kinnamon Post Office Box 1444 Dalton 30722 5 Harold Mann Post Office Box 1927 Dalton 30722 6 Charles Poag Post Office Box 441 Harris Street Eton 30724 7 Carlton H. Colwell Post Office Box 850 Blairsville 30512 8 Ralph Twiggs Post Office Box 432 Hiawassee 30546 9 William J. Dover Route Two, Timbrook Clarkesville 30523 10 Tom E. Shanahan Post Office Box 1298 Calhoun 30703 11 Tim Perry 379 Park Avenue Trion 30753 12 Paul E. Smith Post Office Box 486 Rome 30162 13 E. M. Childers 28 Surrey Trail Rome 30161 14 Jeff Lewis Post Office Box 480 White 30184 15 Garland Pinholster Route Four, Box 170 Ballground 30107 16 Steve Stancil Post Office Box 1421 Canton 30114 17 Melanie S. Harris 1490 Dupree Road Woodstock 30188 18 Thomas B. Murphy Post Office Drawer 1140 Bremen 30110 19 David J. Hughes Post Office Box 755 Dawsonville 30534 20 Bobby Lawson Post Office Box 53 Gainesville 30503 21 James W. Mills Post Office Box 7114 Chestnut Mountain 30502 22 Jeanette Jamieson Post Office Box 852 Toccoa 30577 23 Alan T. Powell Post Office Box 248 Hartwell 30643 24 John Scoggins P. O. Box 1083, Veteran's Drive Danielsville 30633 25 Tommy Stephenson 327 Hillcrest Court Commerce 30529 26 Charlie Watts 505 Hardee Street Dallas 30132 27 Bill Cummings 735 Morgan Valley Road Rockmart 30153 28 Mike A. Evans 209 Pine Lake Drive Cumming 30130 29 William A. Atkins 4719 Windsor Drive Smyrna 30082 30 Matt A. Towery 4261 Woodland Brooks Drive Atlanta 30339 31 Lynda Coker Post Office Box 578 Marietta 30061 32 John W. Hammond Post Office Box 548 Marietta 30061 33 Roy E. Barnes 4841 Brookwood Drive Mableton 30059 34 Jack Vaughan, Jr. 2410 Tammeron Drive Marietta 30064 35 Tom Cauthorn Suite 1500 100 Galleria Parkway Atlanta 30339 36 Earl Ehrhart 4725 Bradford Lane Powder Springs 30073 37 Mitchell Kaye 2137 Spindrift Court Marietta 30062 38 Kemmel W. Shipp Post Office Box 1508 Kennesaw 30144 39 Kip Klein Post Office Box 486 Marietta 30061 40 Steven C. Clark 4985 Shallow Ridge Road Kennesaw 30144 41 Joseph M. Burkhalter 345 Rolling Mist Court Alpharetta 30202 42 Thomas R. Campbell, Jr. 1088 Canton Street Roswell 30075 43 Dorothy Felton 465 Tanacrest Drive, N.W. Atlanta 30328 44 Sharon Trense 135 Classic Cove Atlanta 30350 45 Demetrios J. Skandalakis 5610 Windy Ridge Drive Atlanta 30342 46 Kathy Ashe 82 Westminster Drive, N.E. Atlanta 30309 47 Jim Martin 44 Broad Street, Suite 500 Atlanta 30303 48 Grace W. Davis 1474 Stewart Avenue, S.W. Atlanta 30310 49 Pamela A. Stanley 706 Foundry Street, N.W. Atlanta 30314 50 LaNett Stanley 712 Gary Road, N.W. Atlanta 30318 51 J. E. McKinney 765 Shorter Terrace, N.W. Atlanta 30318 52 Henrietta M. Canty 487 Lynn Valley Road, S.W. Atlanta 30311 53 Robert A. Holmes Post Office Box 110009 Atlanta 30311-0009 54 Tyrone Brooks Station A, P. O. Box 11185 Atlanta 30310-0185 55 Dick Lane 2704 Humphries Street East Point 30344 56 Nan Orrock 1070 Delaware Avenue, S.E. Atlanta 30316 57 Georganna Sinkfield 179 Tonawanda Drive, S.E. Atlanta 30315 58 Sharon Beasley Teague Post Office Box 488 Red Oak 30272 59 Charles B. Ladd 5218 Fontainebleau Court Atlanta 30360 60 J. Max Davis 1177 West Nancy Creek Drive, N.E. Atlanta 30319 61 Doug Teper 1396 Sylvan Circle, N.E. Atlanta 30319 62 Tom Sherrill 2404 Brookdale Drive, N.E. Atlanta 30345 63 Betty Jo Williams 2024 Castleway Drive, N.E. Atlanta 30345 64 Thomas E. Lawrence P. O. Box 1776 Stone Mountain 30083-1776 65 Michele Henson 4140 Creek Stone Court Stone Mountain 30083 66 June Hegstrom 3291 Church Street Scottdale 30079 67 Mike Polak 446 Candler Street, N.E. Atlanta 30307 68 Jo Ann McClinton 132 East Lake Drive, S.E. Atlanta 30317 69 Barbara J. Mobley Post Office Box 371442 Decatur 30037 70 Thurbert E. Baker 4048 Rainbow Drive ecatur 30034 71 Vernon Jones 3575 Grey Fox Chase Lithonia 30058 72 Mamie M. Randolph 1625 Flintwood Drive, S.E. Atlanta 30316 73 Henrietta E. Turnquest 3471 Cherry Ridge Place Decatur 30034 74 Barbara Jean Bunn 2635 Stanton Road Conyers 30208 75 Earl L. O'Neal 1381 Northside Drive Conyers 30207 76 Scott Dix 4112 Cumberland Drive Snellville 30278 77 Charles E. Bannister Post Office Box 775 Lilburn 30247 78 Ronald A. Crews 944 Millbrook Court Tucker 30084 79 Bill Goodwin 6260 Indian River Drive Norcross 30092 80 Brooks P. Coleman, Jr. Post Office Box 273 Duluth 30136 81 Ralph L. Johnston 4574 Bogie Road Duluth 30136 82 Vinson Wall 164 East Oak Street Lawrenceville 30245 83 John D. Dickinson 2789 Adella Court Snellville 30278 84 Jere W. Johnson Post Office Box 224 Grayson 30221 85 Keith Breedlove Post Office Box 165, Suite 100 Buford 30518 86 John O. Mobley, Jr. 102 Brandywine Drive Winder 30680 87 Tyrone Carrell Post Office Box 561 Monroe 30655 88 Mary Louise McBee 145 Pine Valley Place Athens 30606 89 Keith G. Heard Post Office Box 5068 Athens 30606 90 Charles Yeargin 305 Heard Street Elberton 30635 91 Frank E. Stancil Post Office Box 694 Watkinsville 30677 92 Denny M. Dobbs Post Office Box 3020 Covington 30209 93 Frank I. Bailey, Jr. Post Office Box 777 Riverdale 30274 94 William J. Lee 5325 Hillside Drive Forest Park 30050 95 Gail M. Buckner 1262 Trahlyta Terrace Lake City 30260 96 Jimmy Benefield 6656 Morning Dove Place Jonesboro 30236 97 Dorthy Gail Johnson 9363 Forest Knoll Drive Jonesboro 30236 98 William A. Hembree 8557 Campbellton Street Douglasville 30134 99 Dennis H. Chandler 1929 South Flat Rock Road Douglasville 30134 100 Charles Thomas, Jr. Post Office Box 686 Temple 30179 101 John Simpson 302-A Newnan Street Carrollton 30117 102 Vance C. Smith, Jr. Post Office Box 171 Pine Mountain 31822 103 Donna Staples Brooks Post Office Box 2037 Newnan 30264 104 Lynn A. Westmoreland Post Office Box 1060 Fayetteville 30214 105 Daniel J. Lakly 306 Raintree Bend Peachtree City 30269 106 John P. Yates 961 Birdie Road Griffin 30223 107 John Carlisle Post Office Box 120 Griffin 30233 108 Leland L. Maddox 15 Wynfield Drive Stockbridge 30281 109 Larry Smith Post Office Box 4155 Jackson 30233 110 Curtis S. Jenkins Post Office Box 634 Forsyth 31029 111 R. M. Channell Post Office Box 839 Greensboro 30642 112 Robert Harris 969 Ginger Hill Road, N.E. Thomson 30824 113 Martha W. Moore 12 Plantation Hills Drive Evans 30809 114 Robin L. Williams Post Office Box 15993 Augusta 30919-1993 115 Jack Connell Post Office Box 308 Augusta 30903 116 Bettieanne Childers Hart Post Office Box 774 Waynesboro 30830 117 George M. Brown Post Office Box 1114 Augusta 30903 118 Henry Howard 2047 Martin Luther King Boulevard Augusta 30901 119 Mike Padgett 1140 Bennock Mill Road Augusta 30906 120 Emory E. Bargeron Post Office Box 447 Louisville 30434 121 Jimmy Lord Post Office Box 254 Sandersville 31082 122 Bobby Eugene Parham Post Office Box 606 Milledgeville 31061 123 Kenneth W. Birdsong Route One Gordon 31031 124 David E. Lucas 448 Woolfolk Street Macon 31201 125 Denmark Groover Post Office Box 755 Macon 31202 126 Robert A. B. Reichert Post Office Box 6497 Macon 31208 127 William C. Randall Post Office Box 121 Macon 31202 128 Robert Ray Route Four, Box 1071 Fort Valley 31030 129 Robert M. Crawford Post Office Box 350 Concord 30206 130 Wade Milam Post Office Box 1361 LaGrange 30241 131 Carl Von Epps Post Office Box 1368 LaGrange 30240 132 Ronnie Culbreth Post Office Box 4781 Columbus 31904 133 Carolyn F. Hugley Post Office Box 6342 Columbus 31907 134 Maretta M. Taylor 1203 Bunker Hill Road Columbus 31907 135 Thomas B. Buck III Post Office Box 196 Columbus 31902 136 Calvin Smyre Post Office Box 181 Columbus 31902 137 Jimmy Skipper Post Office Box 488 Americus 31709 138 Johnny Floyd Post Office Box 5260 Cordele 31015 139 Roy H. Watson, Jr. Post Office Box 1905 Warner Robins 31099 140 Lynmore James Route Two, Box 167A Montezuma 31063 141 Larry Walker Post Office Box 1234 Perry 31069 142 Terry L. Coleman Post Office Box 157 Eastman 31023 143 DuBose Porter Post Office Drawer B, CSS Dublin 31040 144 Larry Parrish 224 West Main Street Swainsboro 30401 145 John Godbee 401 Lane Street Brooklet 30415 146 Bob Lane Post Office Box 275 Statesboro 30458 147 Ann R. Purcell Post Office Box 1295 Rincon 31326-1295 148 Diane Harvey Johnson Post Office Box 5544 Savannah 31414 149 Dorothy B. Pelote Post Office Box 1802 Savannah 31401 150 Sonny Dixon Post Office Box 18266 Garden City 31408 151 Tom Bordeaux 126 East Liberty Street Savannah 31401-4411 152 Anne Mueller 13013 Hermitage Road Savannah 31419 153 Eric B. Johnson 22 Noble Glen Drive Savannah 31406 154 Clinton Oliver Post Office Box 237 Glennville 30427 155 Fisher Barfoot 1302 North Loop Road Vidalia 30474 156 Newt Hudson Route One, Box 29-A Rochelle 31079 157 Ray Holland Post Office Box 1988 Ashburn 31714 158 Gerald E. Greene Route Three, Box 316 Cuthbert 31740 159 Robert Hanner Post Office Box 310 Dawson 31742 160 Cathy Cox 1302 Loblolly Lane Bainbridge 31717 161 John White Post Office Box 3506 Albany 31706 162 Lawrence R. Roberts 1107 East Fourth Avenue Albany 31705 163 Tommy Chambless Post Office Box 2008 Albany 31703-2001 164 A. Richard Royal Post Office Box 607 Camilla 31730 165 Henry Bostick Post Office Box 94 Tifton 31793 166 Hanson Carter Post Office Box 711 Nashville 31639 167 Van Streat, Sr. Post Office Box 95 Nicholls 31554 168 Harry D. Dixon 1303 Coral Road Waycross 31501 169 Tommy Smith Route One Alma 31510 170 Roger Byrd Post Office Box 756 Hazlehurst 31539 171 Hinson Mosley 1901 Old Screven Road Jesup 31545 172 James Marvin Floyd Post Office Box 1009 Hinesville 31313 173 E. C. Tillman Post Office Box 897 Brunswick 31521 174 Willou Smith 10 St. Andrews Court, Riverfront Plaza Brunswick 31520 175 Charles C. Smith, Jr. Post Office Drawer 766 St. Marys 31558 176 Robert L. Patten Route One, Box 180 Lakeland 31635 177 Tim Golden 821 West Cranford Avenue Valdosta 31602 178 Henry L. Reaves Route Two, Box 83 Quitman 31643 179 Kermit Francis Bates, Jr. Post Office Box 915 Bainbridge 31717 180 Theo Titus III RFD 1, Box 441 Thomasville 31792

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STATUS OF REFERENDUM ELECTIONS FOR THE YEARS 1953 THROUGH 1992 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 2 36 1985 25 0 4 21 1986 66 0 8 58 1987 43 1 42 1988 71 1 9 61 1989 20 5 15 1989 Ex. Sess. 1 1 1990 68 5 63 1991 33 7 26 1991 Ex. Sess. 5 1 4 1992 62 1 4 57 TOTALS 1375 44 94 1237

Page CCXV

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 For 1833 Agn 648 Cherokee 2668 Certain County Officerscompensation 11- 2-54 For 913 Agn 674 Clayton 2855 City of Forest Park Election Results Not Known Coweta 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 For 1406 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 For 1637 Agn1807 Habersham 2745 City of Clarkesville 2-16-54 For 154 Agn 164 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

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Georgia Laws, 1955: County Page No. SUBJECT Date of Election Result Baldwin 2830 County Commissioners 4-20-55 For 1079 Agn 716 Clarke 3057 City of Athens/Clarke Countyschool systems 5- 4-55 For 1124 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 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

Page CCXIX

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 Not Known (1 of 2) Clayton 2040 City of Forest Park Election Results Not Known (1 of 2) 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 Colquitt 2830 City of Moultrie 10- 1-56 * * West Moultrie Area: For1986; Agn169 [UNK] Colonial Heights Area: For2002; Agn159 [UNK] Crestwood Gardens Area: For2005; Agn167 [UNK] East Moultrie Area: For2004; Agn165 [UNK] City vote: Tifton Highway Area: For1989; Agn173 [UNK] Sylvester Drive Area: For1976; Agn175 [UNK] Area 1-West Moultrie Area: For99; Agn57 [UNK] Area 2-Colonial Heights Area: For145; Agn 83 [UNK] Area 3-Crestwood Gardens Area: For 27; Agn 87 [UNK] Area 4-East Moultrie Area: For 41; Agn147 [UNK] Area vote: Area 5-Tifton Highway Area: For 29; Agn107 [UNK] Area 6-Sylvester Drive Area: For 78; Agn144 [UNK] 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

Page CCXXI

Georgia Laws, 1956: County Page No. SUBJECT Date of Election Result 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 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 Agn 1831

Page CCXXII

Georgia Laws, 1957: County Page No. SUBJECT Date of Election Result Bartow 2048 City of Cartersville 3-12-57 For 1010 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 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 Pulaski 3353 City of Hawkinsville 4-30-57 For115 Agn266 Spalding 2809 City of Griffin 4-30-57 For552 Agn317 Twiggs 3002 County Commissioners 5-22-57 For156 Agn174 Walker 2419 Town of Linwood 4-27-57 For71 Agn29 Wilkinson 2383 Town of McIntyre 5-25-57 For49 Agn18

Page CCXXIV

Georgia Laws, 1958: County Page No. SUBJECT Date of Election Result Bacon 3378 City of Alma 7-2-58 For206 Agn197 Baldwin 3302 County Commissioner 11-4-58 For932 Agn717 Barrow 2338 City of Winder 6-4-58 For131 Agn229 Bartow 2683 Tax Commissioner 9-10-58 For3590 Agn1254 Bartow 2866 Certain County Officerscompensation 9-10-58 For3462 Agn1356 Brooks 2859 City of Quitman 5-27-58 For173 Agn74 Chatham 2617 Town of Thunderbolt 1-20-59 For291 Agn115 Chatham 3337 City of Savannah 5-27-58 For4024 Agn2283 Chattahoochee 2554 Sheriffcompensation 11-4-58 For55 Agn30 Cherokee 2437 City of Canton 5-7-58 For119 Agn483 Cherokee 2661 City of Canton 5-7-58 For223 Agn37 Clayton 3022 City of Mountain View Election Results Not Known Clayton 3397 City of Forest Park Election Results Not Known Clayton Fulton 2309 City of College Park 5-19-58 For2 Agn0 Clayton Fulton 2363 City of College Park 5-14-58 For10 Agn0 Clayton Fulton 2721 City of College Park 6-3-58 For738 Agn340 Clayton Fulton 2453 City of College Park 5-19-58 For2 Agn0 Clayton Fulton 2854 City of College Park 5-14-58 For0 Agn0 Clayton Fulton 3212 City of East Point 7-16-58 For63 Agn28 Colquitt 2441 City of Moultrie 7-14-58 (Area 6) For53; Agn1 7-21-58 (Area 7) For110; Agn79 7-28-58 (Area 8) For31; Agn27 DeKalb 3318 City of Chamblee 5-10-58 City area vote: For41; Agn1 Affected area: For91; Agn41 Dodge 2207 County Commissioners 3-18-58 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 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: For16; 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 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

Page CCXXVIII

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 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 For1522 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 For1413 Agn 710 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 For1041 Agn 203 Elbert 2624 Certain County Officerscompensation 4- 8-59 For1014 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 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

Page CCXXXI

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 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 Lamar 2294 Certain County Officerscompensation 5-11-60 For 131 Agn193 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 Agn50 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 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 CCXXXV

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 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 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 RockmartFor: 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 CCXXXVIII

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 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 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 CCXLI

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 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 For 798 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 Agn321 Screven 2835 City of Sylvania 6- 4-63 For 160 Agn 79 Talbot 2185 Board of County Commissioners 5-22-63 For239 Agn295 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 Agn119 Wilkes 3447 Tax Commissionercompensation 5-28-63 For1281 Agn 130

Page CCXLIV

Georgia Laws 1964, January-February session: County Page No. SUBJECT Date of Election Result Appling 2681 Certain County Officerscompensation 6-17-64 For2543 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 CCXLV

Georgia Laws 1964, January-February session: County Page No. SUBJECT Date of Election Result 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 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 CCXLVII

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 CCXLVIII

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 CCXLIX

Georgia Laws, 1965: County Page No. SUBJECT Date of Election Result 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 CCL

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 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 Agn603

Page CCLII

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 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 Agn539 Meriwether 2011 City of Greenville 4-3-67 For 41 Agn 0 Murray 2458 City of Chatsworth 5-31-67 For154 Agn19 Newton 2405 County Board of Education 5-3-67 For1258 Agn598 Newton 2784 Board of County Commissioners 5-3-67 For1301 Agn540 Pike 2448 Tax Commissioner 9-6-67 For454 Agn52 Pike 3152 County Board of Education 9-6-67 For441 Agn65 Polk 2718 County Board of Education 11-5-68 For3306 Agn1245 Pulaski 3463 Pulaski County/City of Hawkinsvilleschool merger 11-7-67 Pulaski County For249 Agn482 City of Hawkinsville For466 Agn236 Randolph 2243 Tax Commissionercompensation 4-26-67 Proposition # 1 For1109 Proposition # 2 For782 Stephens 3005 County Board of Education 5-2-67 For709 Agn1016 Stewart 3227 Clerk Superior Courtcompensation 11-5-68 For1097 Agn88 Thomas 2115 City of Thomasville 3-28-67 For841 Agn398 Turner 2694 City of Sycamore 5-26-67 For162 Agn51 Union 3064 Sheriffcompensation 6-28-67 For235 Agn790 Whitfield 2277 City of Dalton 4-19-67 For516 Agn607

Page CCLV

Georgia Laws, 1968: County Page No. SUBJECT Date of Election Result Atkinson 2882 Board of County Commissioners 4-17-68 For591 Agn216 Bacon 3542 Tax Commissioner 6-11-68 For400 Agn321 Banks Habersham 2400 Town of Baldwin Election Results Not Known Berrien 2241 Board of County Commissioners Not Held Bibb 2835 County Board of Education 11-5-68 For14,736 Agn7,193 Bleckley 2278 City of Cochran 6-19-68 For351 Agn781 Candler 2446 County Board of Education 5-7-68 For296 Agn467 Carroll 2256 County School Superintendent 4-24-68 For250 Agn1,341 Carroll 2841 County Board of Education 4-24-68 For547 Agn1,087 Charlton 2342 City of Folkston 9-11-68 For118 Agn145 Charlton 2984 Town of Homeland Election Results Not Known Chatham 2636 Board of Education of City of Savannah and Chatham County/City of Savannahschool merger 11-5-68 For11,874 Agn11,276 Chattahoochee 2717 County Board of Education 7-12-68 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 Colombia 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 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 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

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Georgia Laws, 1969: County Page No. SUBJECT Date of Election Result 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 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 For 1399 Agn1396 Fannin 2641 Board of County Commissioners 11- 3-70 For 1419 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 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 For 15,707 Agn 7,761 Muscogee 3571 Muscogee County Charter Commission 5-27-70 City of Columbus: For 12,379 Agn 2,778 Muscogee County: For 12,508 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 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

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Georgia Laws, 1970: County Page No. SUBJECT Date of Election Result Baldwin 2951 County Board of Education 11- 3-70 For2525 Agn1630 Banks Jackson 3000 Town of Maysville 6-10-70 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 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 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 Agn 1466 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

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Georgia Laws 1971, January/February session: County Page No. SUBJECT Date of Election Result Berrien 3044 County Board of Education 5-19-71 For395 Agn219 Bibb 3926 County Board of Education 11-2-71 * * County vote: For: 1,707 Agn: 2,369 City vote: For: 3,263 Agn. 2,961 * Ga. L. 1971, ex. sess. p. 2136 supersedes, this Act Bleckley 3995 City of Cochran 7-21-71 For115 Agn289 Brooks 2892 County Board of Education 6-9-71 For215 Agn526 Brooks 3278 City of Quitman 6-15-71 For82 Agn259 Burke 3328 City of Waynesboro 6-15-71 For74 Agn16 Butts 3762 County Board of Education Not Held Clarke 2042 Consolidation of City-County Government 5-24-72 See Below * Clarke 2691 County Board of Education Not Held Coweta 2003 City of Newnan 5-12-71 For335 Agn1,427 Decatur 2649 County Board of Education 4-29-71 For766 Agn496 Decatur 2667 Small Claims Court of Decatur County 4-29-71 For713 Agn547 Gilmer 3471 County Board of Education 6-16-71 For107 Agn90 Glynn 3550 City of Brunswick 6-15-71 For102 Agn266 Grady 2967 County School Superintendent 7-20-71 For625 Agn1,049

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Georgia Laws 1971, January/February session: County Page No. SUBJECT Date of Election Result Gwinnett 3613 City of Duluth 6-7-71 For1 Agn35 Gwinnett 4042 City of Duluth 6-7-71 For1 Agn46 Gwinnett 4047 City of Duluth 6-7-71 For6 Agn73 Harris 2804 City of Shiloh Not Held Heard 2029 County Commissioner 5-19-71 For675 Agn713 Houston 3580 City of Warner Robins 2-29-72 For694 Agn734 Jones 3396 County Board of Education 5-26-71 For656 Agn543 Lamar 2710 County Board of Education, etc. 5-14-71 For999 Agn540 Lee 3976 City of Leesburg 7-6-71 Present City limits For14 Agn72 Proposed City limits For1 Agn14 Mitchell 2017 City of Pelham 4-21-71 For408 Agn26 Monroe 3071 County Commissioners 11-7-72 For540 Agn1,319 Monroe 3381 County Commissioners 11-7-72 For572 Agn1,324 Murray 2120 County Board of Education Not Held Newton 2881 County Board of Education 6-16-71 For285 Agn137 Pierce 2492 Ordinary 11-7-72 For768 Agn540 Pierce 2496 Sheriff 11-7-72 For813 Agn477 Pierce 2888 County CommissionerChrm. 11- 7-72 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

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Georgia Laws, 1971, Extra session: County Page No. SUBJECT Date of Election Result Bibb 2136 Board of Public Education 11- 2-71 For10,339 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 CCLXX

Georgia Laws, 1972: County Page No. SUBJECT Date of Election Result Appling 2615 Small Claims Court Appling County 8- 8-72 * * Inside Macon For Agn. City of Macon-Bibb 9,578 12,101 City of Macon-Jones 3 3 ----- ----- 9,581 12,104 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 * 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

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Georgia Laws, 1972: County Page No. SUBJECT Date of Election Result Brantley 3145 Salary of deputy sheriffs 8- 8-72 * * Ga. L. 1973, p. 2268 changed date of election. 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 Camden 3770 Small Claims Court of Camden County 8-8-72 * Demo. For926 Agn801 Rep. For1 Agn0 Chatham 3019 Savannah-Chatham County government 4-10-73 City of Savannah Not held * Chatham County Chatham 3098 Savannah-Chatham County Board of Education 5-9-72 For20,074 Agn7,595 Chatham 3116 Savannah-Chatham County Board of Education 5-9-72 For8,296 Agn19,097 Chattooga 2043 Abolish State Court Chattooga County 8-8-72 * Demo. For2,455 Agn2,274 Rep. For2 Agn2 Decatur 3288 Board of County Commissioners 5-23-72 For668 Agn2,687 Dodge 2329 City of Eastman 4-27-72 For474 Agn1,117 Dodge 3339 County Board of Education 8-8-72 * For914 Agn858 Douglas 3997 County Board of Education 5-16-72 For400 Agn620 Elbert 2479 Board of County Commissioners 8-8-72 * For1,583 Agn3,036 Fayette 3438 Board of County Commissioners 11-7-72 * For668 Agn3,138 Fayette 3435 Abolish office of county treasurer 11-7-72 * For1,499 Agn2,210 Floyd 3300 Abolish State Court Floyd County 11-7-72 * For6,911 Agn4,674 Forsyth 2065 Board of county commissioners 4-19-72 For551 Agn386 Gwinnett 4058 County Board of Education 5-17-72 For989 Agn924 Habersham 2382 City of Demorest Election Results Not Known Harris 3468 Board of County Commissioners 8-8-72 * For1,410 Agn616 Heard 2113 Board of County Commissioners 5-3-72 For756 Agn732 Henry 2090 State Court of Henry County 4-19-72 For570 Agn1,943 Henry 2104 Board of County Commissioners 4-19-72 For407 Agn2,070 Houston 2399 County Board of Education 8-8-72 * For2,853 Agn6,462 Jeff Davis 2760 County Board of Education 8-8-72 * For829 Agn511 Laurens 4099 County Board of Education 8-8-72 * For3,185 Agn1,103 Lowndes 2696 Ordinarycompensation 11-7-72 * For3,533 Agn1,995 Lowndes 2701 Tax Commissionercompensation 11-7-72 * For3,622 Agn1,885 Lowndes 2706 Clerk Superior Courtcompensation 11-7-72 * For3,463 Agn2,254 McDuffie 2538 County Board of Education 6-8-72 For305 Agn61 McIntosh 2849 City of Darien 6-16-72 City of Darien For86 Agn62 Dist. No. 271 For7 Agn73 Total For93 Agn135 McIntosh 2852 City of Darien 11-7-72 * Not Held Macon 2322 Board of County Commissioners 4-26-72 For608 Agn882 Madison 2547 County Board of Education 11-7-72 * For1,060 Agn1,785 Madison 2972 Appt. of County School Superintendent 11-7-72 * For921 Agn2,145 Peach 3212 Appt. of County School Superintendent 5-17-72 For688 Agn2,648 Peach 3910 City of Fort Valley 6-14-72 For440 Agn1,351 Pike 3003 County Board of Education 5-16-72 For402 Agn142 Pulaski 3244 Board of County Commissioners 5-23-72 For399 Agn939 Putnam 2678 County Board of Education 8-8-72 * For1,262 Agn831 Putnam 3833 City of Eatonton 6-13-72 For118 Agn28 Spalding 2418 Griffin-Spalding County Bd. of Education 5-30-72 For452 Agn121 Telfair 4102 County Board of Education 6-20-72 For564 Agn365 Thomas 3343 Create Board of County Commissioners 5-16-72 For1,885 Agn3,278 Tift 2908 City of Tifton 5-3-72 For247 Agn498 Treutlen 2340 County Board of Education 5-9-72 For688 Agn233 Treutlen 2345 Board of County Commissioners 5-9-72 For715 Agn221 Walker 2647 County Board of Education 11-7-72 * For6,373 Agn2,129 Walton 3006 City of Social Circle 5-31-72 For51 Agn49 Whitfield 4017 City of Tunnell Hill 5-16-72 For114 Agn159 Wilcox 2495 Appt. of County School Superintendent 5-10-72 For177 Agn1,042 Wilkinson 3312 Appt. of County School Superintendent 11-7-72 * For348 Agn901 Wilkinson 333 County Board of Education 11-7-72 * For654 Agn608 Date of State-wide Primary Election 8-8-72. Date of General Election 11-7-72.

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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 # 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 CCLXXVIII

Georgia Laws, 1974: County Page No. SUBJECT Date of Election Result Banks 3798 Create office of Tax Commissioner 8-13-74 * * Date of General Primary 8-13-74. Yes: 1628 No: 671 Bibb 2028 Abolish Board of Water Commissioners of City of Macon 11-5-74 # # Date of General Election 11-5-74. Not Held Bibb 3074 Macon-Bibb County Water Sewerage Authority 5-14-74 For: 2049 Agn: 198 Brooks 3088 Change in Commissioner Districts 11-5-74 # Yes: 741 No: 567 Carroll 2791 City of Carrollton 6-11-74 Yes: 215 No: 66 Chatham 2088 City of Savannah 4-16-74 Yes: 192 No: 883 Chatham 2305 City of Savannah Beach-Tybee Island 4-1-74 Results Not Known Cherokee 2534 Board of County Commissioners 11-5-74 # Yes: 2989 No: 1995 Cobb 3516 Cobb County School District Board 11-5-74 # Yes: 18,039 No: 14,541 Fayette 2982 City of Fayetteville 11-5-74 # Yes: 302 No: 507 Fayette 3848 Abolish office of Treasurer 11-5-74 # Yes: 1928 No: 1616 Fayette 3030 Town of Tyrone 5-23-74 Yes: 77 No: 29 Fulton 2497 City of East Point 8-13-74 * Yes: 3378 No: 2852 Heard 2347 Town of Centralhatchee re-created 6-8-74 Yes: 9 No: 2 Long 2878 Board of Education members compensation 8-13-74 * Yes: 311 No: 303 Lowndes 2311 Town of Dasher 6-1-74 Yes: 31 No: 31 Newton 2978 City of Covington 12-4-74 Yes: 368 No: 674 Richmond 2105 1. Consolidation of City of Augusta and Richmond County government 5-14-74 (3 elections held on same date) City Vote Yes: 4833 No: 2928 County Vote Yes: 5801 No: 7106 2. Election of Sheriff for Richmond Cty Yes: 11,431 3. Election of Board of Public Safety of Richmond County Yes: 6,575 Stephens 2037 Choice of 5 types of government for the County 4-9-74 Ques. 1 122 votes Ques. 2 396 votes ** ** Effective Question is No. 2. Ques. 3 108 votes Ques. 4 98 votes Ques. 5 248 votes Troup 2203 City of Hogansville 6-5-74 Inside City Yes: 57 No: 33 Outside City Yes: 13 No: 43 Upson 2023 County Board of Education created 4-9-74 Yes: 594 No: 111 Wilkes 3510 Appoint county school superintendent 11-5-74 # Yes: 739 No: 1274 All counties 186 The Common Day of Rest Act 11-5-74 # Yes: 434,559 No: 363,947 ***Common Day of Rest Act results tabulated infra.

Page CCLXXX

GENERAL ELECTION Date 11-5-74 Common Day of Rest Act of 1974 Ga. L. 1974, p. 186 COUNTY Yes No Appling 590 692 Atkinson 274 245 Bacon 300 603 Baker 109 253 Baldwin 1,901 1,989 Banks 566 709 Barrow 1,501 1,830 Bartow 1,704 2,407 Ben Hill 578 1,127 Berrien 442 1,142 Bibb 8,536 12,667 Bleckley 439 888 Brantley 189 303 Brooks 341 916 Bryan 344 447 Bulloch 1,604 2,441 Burke 545 797 Butts 786 929 Calhoun 166 429 Camden 367 430 Candler 187 231 Carroll 3,696 4,391 Catoosa 1,440 1,424 Charlton 177 198 Chatham 14,278 12,039 Chattahoochee 153 116 Chattooga 1,322 1,281 Cherokee 2,424 2,830 Clarke 6,525 4,853 Clay 116 242 Clayton 9,965 10,231 Clinch 144 379 Cobb 25,632 21,237 Coffee 629 1,493 Colquitt 1,168 2,701 Columbia 1,113 1,687 Cook 423 978 Coweta 2,622 2,470 Crawford 338 455 Crisp 537 1,303 Dade 485 317 Dawson 515 199 Decatur 579 958 DeKalb 54,127 40,882 Dodge 470 1,835 Dooly 314 684 Dougherty 3,887 8,146 Douglas 2,958 2,815 Early 297 1,084 Echols 66 74 Effingham 627 1,039 Elbert 998 1,765 Emanuel 803 1,353 Evans 231 676 Fannin 829 729 Fayette 1,752 2,153 Floyd 5,764 7,222 Forsyth 1,415 1,576 Franklin 513 1,502 Fulton 56,902 38,497 Gilmer 674 825 Glascock 96 201 Glynn 2,067 2,658 Gordon 1,477 1,428 Grady 524 1,273 Greene 962 1,101 Gwinnett 8,846 10,024 Habersham 1,215 1,281 Hall 5,111 3,714 Hancock 363 503 Haralson 1,289 1,616 Harris 908 1,322 Hart 420 1,408 Heard 351 417 Henry 2,125 2,638 Houston 4,338 5,170 Irwin 285 676 Jackson 2,166 2,042 Jasper 352 493 Jeff Davis 250 522 Jefferson 405 1,380 Jenkins 279 489 Johnson 373 990 Jones 826 1,147 Lamar 748 855 Lanier 115 290 Laurens 1,839 3,649 Lee 410 837 Liberty 385 567 Lincoln 236 565 Long 149 254 Lowndes 2,069 3,382 Lumpkin 1,043 504 Macon 541 765 Madison 731 883 Marion 167 368 McDuffie 707 1,336 McIntosh 508 418 Meriwether 1,501 1,520 Miller 83 210 Mitchell 697 1,688 Monroe 906 1,058 Montgomery 206 611 Morgan 791 1,186 Murray 414 492 Muscogee 10,456 12,112 Newton 1,832 2,364 Oconee 848 877 Oglethorpe 698 684 Paulding 1,350 1,643 Peach 874 1,339 Pickens 536 443 Pierce 311 540 Pike 652 713 Polk 1,973 2,009 Pulaski 430 566 Putnam 565 545 Quitman 85 142 Rabun 618 701 Randolph 334 790 Richmond 7,477 11,596 Rockdale 1,811 2,032 Schley 117 171 Screven 514 740 Seminole 309 588 Spalding 2,867 3,258 Stephens 698 1,673 Stewart 183 329 Sumter 1,119 1,925 Talbot 320 326 Taliaferro 70 192 Tattnall 484 960 Taylor 520 741 Telfair 359 977 Terrell 456 1,062 Thomas 1,315 2,173 Tift 940 1,716 Toombs 975 1,640 Towns 535 247 Treutlen 333 630 Troup 2,550 3,831 Turner 334 870 Twiggs 427 696 Union 1,330 548 Upson 2,145 2,115 Walker 2,104 2,264 Walton 1,397 1,786 Ware 1,363 1,910 Warren 173 364 Washington 1,035 2,037 Wayne 660 1,118 Webster 99 127 Wheeler 257 698 White 941 562 Whitfield 2,030 2,274 Wilcox 239 759 Wilkes 439 1,531 Wilkinson 395 765 Worth 423 1,203 TOTAL 434,559 363,947 Footnote: The Common Day of Rest Act of 1974 was declared unconstitutional in part by the Georgia Supreme Court in Rutledge v. Gaylord's, Inc., 233 Ga. 694, decided February 13, 1975.

Page CCLXXXIII

Georgia Laws, 1975: County Page No. SUBJECT Date of Election Result Appling 3678 City of Baxleycorporate limits 6-26-75 For: 549 Agn: 603 Baker 2659 Abolish office of Treasurer 6-17-75 For: 352 Agn: 395 Baker 2662 Create office of Tax Commissioner 6-17-75 For: 338 Agn: 392 Berrien 2525 Appoint County School Superintendent 4-15-75 For: 124 Agn: 1,295 Berrien 3388 Appoint County School Superintendent Not Held Duplicate of Act Above Bibb 3349 Board of Water Commissioners 11- 4-75 For: 10,601 Agn: 4,955 Brantley 3937 County Board of Education 8-12-75 Proposition No. 1 402 Proposition No. 2 713 Proposition No. 3 240 Bryan 3024 Election of Chairman Vice-Chairman of the Board of County Commissioners 8-26-75 For: 385 Agn: 115 Charlton 4015 County Board of Education 6-24-75 For: 776 Agn: 206 Chatham 3962 County Board of Education 5- 4-76 * * Date of Presidental 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 CCLXXXIV

Georgia Laws, 1975: County Page No. SUBJECT Date of Election Result Spalding 4352 Board of County Commissioners 11- 4-75 For: 1,205 Agn: 4,100 Stephens 4142 City of Toccoa Commissioners 6-12-75 For: 209 Agn: 191 Taylor 3486 County Board of Education 6-17-75 For: 298 Agn: 127 Union 4499 County Board of Commissioners 8-12-75 For: 189 Agn: 1,037 Upson 3356 County School Superintendent appointed 6-24-75 For: 531 Agn: 700 Whitfield 4296 City of Tunnell Hill 6-25-75 For: 126 Agn: 288 Worth 4202 County School Superintendent 7-15-75 For: 235 Agn: 460 Chatham 3128 Alcoholic beverages on premisestime limit 9-17-75 * * Municipality Yes No Savannah 9,658 6,595 Unincorporated area 4,979 3,857 Bloomingdale 122 146 Garden City 362 466 Pooler 166 190 Port Wentworth 227 297 Savannah Beach 469 168 Thunderbolt 230 138 Vernonburg 24 20 (This election act was on a population basis and affects only Chatham County) 1975 Extra Session Acts County Page No. SUBJECT Date of Election Result Coweta 1730 City of Newnancharter amendment 9- 9-75 For: 248 Agn: 57 (This election based on population of municipality and affects only City of Newnan, Coweta County)

Page CCLXXXV

Georgia Laws, 1976: County Page No. SUBJECT Date of Election Result Bacon 2713 Co. Brd. of Education and Co. School Superintendent 5- 4-76 * * Date of Presidential Preference Primary Election (May 4, 1976). Proposal No. 1 389 Proposal No. 2 131 Proposal No. 3 568 Baldwin 3278 City of Milledgevillecharter amendment 5- 4-76 * Yes: 772 No: 583 Baldwin 3282 City of Milledgevillecharter amendment #1 5- 4-76 * Yes: 718 No: 609 City of Milledgevillecharter amendment #2 Yes: 289 No: 1,045 Bartow 4090 City of Euharleecharter amendment 5-15-76 Yes: 34 No: 8 Bibb 3818 Macon-Bibb Co. consolidated government 5- 4-76 * City Vote Yes: 8,149 No: 11,522 County vote Yes: 8,825 No: 16,209 Bryan 3288 City of Richmond Hillcharter amendment 6-29-76 Yes: 199 No: 8 Camden 2831 Tax Commissionersalary 11- 2-76 ** ** Date of November 2, 1976 General Election. Not Held Carroll 4479 Co. Brd. of Education and Co. School Superintendent 11- 2-76 ** Yes: 3,105 No: 3,868 Chattooga 2694 Board of Co. Commissioners created 5- 4-76 * Yes: 970 No: 2,297 Clayton 3974 City of Mountain Viewabolish charter Not Held Cobb 3656 City of Powder Springsabolish charter 9-11-76 Yes: 331 No: 455 DeKalb 2809 Intoxicating beverages sold on Sunday 5- 4-76 * For: 52,761 Agn: 30,442 Fayette 3398 Brd. Co. Commissionersincrease membership 5- 4-76 * Yes: 1,984 No: 1,512 Glynn 4027 Co. Brd. of Educationnew districts, election 5- 4-76 * Yes: 3,752 No: 4,746 Grady 3162 Co. Brd. of Educationcompensation members 5- 4-76 * Yes: 444 No: 1,259 Habersham 2798 Co. Brd. of Educationcreated 5- 4-76 * Yes: 2,244 No: 876 Habersham 2803 Co. School Superintendent appointed 5- 4-76 * Yes: 940 No: 1,951 Long 3536 Co. Brd. of Educationcreated 1 1 This Act was declared unconstitutional by decision of Federal Court. 5- 4-76 * For: 490 Agn: 172 Long 3321 Small Claims Court created 5- 4-76 * Yes: 114 No: 527 Lumpkin 3945 Co. Brd. of Education and Co. School Superintendent 5- 4-76 * Yes: 678 No: 917 Newton 3402 Board of County Commissionersdistricts 5- 4-76 * Yes: 2,980 No: 1,387 Newton 3505 Co. Brd. of Educationelection districts 5-25-76 Yes: 3,227 No: 1,167 Oconee 3935 Co. School Superintendentappointed 11- 2-76 ** Yes: 1,259 No: 1,863 Richmond 4927 Augusta-Richmond County unified government 5- 4-76 * Yes: 11,027 No: 13,417 Proposition #1 Question #1 15,801 Question #2 6,005 Proposition #2 Question #1 9,404 Question #2 10,302 Ware 2811 County Manager 5- 4-76 * Yes: 2,194 No: 2,838 Warren 3660 Brd. Co. Commissionersmultimember board 11- 2-76 ** Yes: 802 No: 352

Page CCLXXXVII

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 CCLXXXVIII

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 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. 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: 3,628 Columbia 3359 Board of Education 11-7-78 * Yes: 887 No: 1,569 DeKalb 3639 City of Clarkston 10-18-78 Yes: 95 No: 96 DeKalb 4104 Board of Education 11-7-78 * Yes: 18,829 No: 34,766 Hart 3177 County Commissioners 11-7-78 * Yes: 643 No: 1,018 Macon 4217 Tax Commissioner 11-7-78 * Yes: 737 No: 232 McDuffie 3666 Board of Education 5-16-78 Yes: 202 No: 131 Rabun 3427 School Board and Superintendent 11-7-78 * Yes: 453 No: 692 Rabun 3430 Board of Education 11-7-78 * Yes: 861 No: 300 Rockdale 3868 City of Conyers 7-8-78 Yes: 179 No: 167 Telfair 3445 School Board and Superintendent 11-7-78 * #1 386 #2 231 #3 323 Thomas 3746 Tax Commissioner 11-7-78 * Yes: 2,679 No: 820 Thomas 3741 Judge Probate Court, Compensation 11-7-78 * Yes: 2,683 No: 802 Thomas 3752 Clerk Superior Court, Compensation 11-7-78 * Yes: 2,674 No: 797 Twiggs 3408 County Commissioners 8-8-78 ** Yes: 1,067 No: 805 Whitfield 3365 City of Varnell (Civil Action File No. 18,462) Not Held

Page CCXC

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 CCXCI

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 (City of Dublin) 3-11-80 Yes: 324 No: 653 McIntosh 3112 Board of Education 4-29-80 Yes: 642 No: 143 Mitchell (City of Pelham) 3914 Elections etc. 6-3-80 Yes: 254 No: 392 Oconee 3757 Bd. of County Commissioners 5-21-80 Yes: 585 No: 1,155 Richmond 3841 Board of Education Not Held Upson 3027 County School Superintendent 3-11-80 Yes: 604 No: 1,468 Upson 4127 Tax for Fire Protection Not Held Whitfield 4122 Corporate Limits (City of Cohutta) 5-17-80 Yes: 10 No: 0

Page CCXCII

Georgia Laws, 1981: County Page No. SUBJECT Date of Election Result Baldwin 4072 Disposal sites of hazardous wastes * * To be held same date as the 1982 General Primary Election. Chatham (City of Tybee Island) 4914 Change the corporate limits of said city 6-25-81 Corporate limits Unincorporated area Yes: 18 No: 102 Clarke 3065 Consolidate Govt. for City of Athens and Clarke Co. 2-16-82 County: Yes: 2,388 No: 2,883 City: Yes: 2,611 No: 2,120 Coffee 3626 Election of School Superintendent 6-2-81 Yes: 1,329 No: 1,424 DeKalb 4304 Establishing form of Government * Dooly 4463 Establish five Board of Education Districts 5-19-81 Yes: 1,393 No: 185 Gordon 3269 Abolish Bd. of Comm. and re-create office of County Commissioner 8-4-81 Yes: 1,319 No: 1,664 Gordon 3586 Provide election term of School Supt. 8-4-81 Yes: 1,527 No: 778 Miller 4713 Change method of elect. mbrs. of Bd. of Ed. 8-4-81 Yes: 710 No: 182 Richmond 3677 Biennial ele. for members of Bd. of Ed. 11-3-81 Yes: 7,352 No: 1,526

Page CCXCIII

Georgia Laws, 1982: County Page No. SUBJECT Date of Election Result Appling 4642 5 or 6 mbr. bd. of commissioners 11-2-82 Five mbr.-1191 Six mbr.-1000 Bacon 4606 5 mbr. bd. of Co. Commissioners in certain counties (9,365-9,385) 8-2-82 Yes 1,299 No 351 Baldwin * * These are 1981 laws that were required to be held in 1982. 4072 Disposal sites of hazardous wastes 8-10-82 Yes 1,652 No 1,465 Bartow 4589 Terms of mbrs. of Board of Ed. 8-10-82 Yes 1,652 No 1,465 Bartow 4584 Compensation of bd. of education 8-10-82 Yes 1,615 No 1,450 Bartow 4586 Superintendent of schools 8-10-82 Yes 843 No 2,205 Bibb 4625 Bd. of education Districts 11-2-82 Yes 15,184 No 5,458 Bibb 4406 Bd. of public education and orphanage 11-2-82 Yes 9,455 No 12,176 Bryan 4270 Members of bd. of commissioners 11-2-82 Yes 883 No 429 Bryan 4285 Office of treasurer abolished 8-10-82 Yes 832 No 709 Chatham (Town of Thunderbolt) 4295 Corporate limits 6-22-82 Corporate Limits Yes 126 No 133 Unincorporated Area Yes 21 No 0 Cherokee 3602 Board of Education 5-11-82 Yes 302 No 200 Clarke/City of Athens 1855 Georgia alcoholic beverage code amended as to certain counties (69,000 - 75,000) 8-10-82 Clarke County Yes 2,257 No 2,338 City of Athens Yes 2,393 No 2,354 Clayton 4431 Members of board of education 8-10-82 Yes 8,665 No 7,584 Cobb 1768 Sale of alcoholic beverages in certain counties (200,000 - 550,000) (295,000 - 300,000) (350,000 - 500,000) 11- 2-82 Yes 35,622 No 34,777 Cook 3749 Election, etc. of school superintendent 11- 2-82 Yes 1,623 No 1,020 DeKalb * 4304 Establishing form of Government 8-10-82 Yes 36,070 No 26,939 DeKalb 4239 Community College 8-10-82 transfer 43,375 retain 23,587 Douglas 4786 Board of education districts 11- 2-82 Yes 6,032 No 1,700 Emanuel 4049 Board of education 6- 1-82 Yes 1,853 No 411 Franklin 3753 Board of education and superintendent 8-10-82 #1 Proposal - 458 #2 Proposal - 1,308 #3 Proposal - 573 Gwinnett 3510 Board of education 4- 6-82 Yes 1,825 No 1,972 Haralson 4523 Members of board of education 8-10-82 Yes 2,133 No 230

Page CCXCV

Georgia Laws, 1982: County Page No. SUBJECT Date of Election Result 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 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 CCXCVII

Georgia Laws, 1983: County Page No. SUBJECT Date of Election Result Atkinson 4115 Board of Commissioners compensation election 3-13-84 Yes 123 No 1,114 Bartow Polk (Town of Taylorsville) 4161 Corporate limits of Town of Taylorsville 5-11-83 Bartow Yes 47 No 7 Polk Yes 15 No 4 Bibb 4251 Providing for district boundary adjustments for Board of Education and Orphanage 11- 8-83 Yes 5,361 No 1,841 Chatham County City of Savannah 4039 Terms of Board of Public Education and changes certain district designations 5-3-83 Yes 1,367 No 2,815 Chatham (City of Tybee Island) 3586 Mayor and City Council Term Time of election 5- 3-83 Yes 307 No 60 Chattooga 4570 Create State Court of Chattooga County 5- 3-83 Yes 818 No 262 Columbia 4411 Changes districts provides for staggered terms for Board of Education 3-13-84 Yes 2,110 No 843 DeKalb 4547 Reorganizing form of gov't fixing powers duties of governing authority 3-13-84 Yes 45,505 No 12,832 DeKalb (City of Doraville) 3581 City Council and Mayor Terms of Office 4- 2-83 Yes 266 No 89 Forsyth 3521 Appointment of School Superintendent 5- 3-83 Yes 379 No 966 Fulton Coweta (City of Palmetto) 4134 Corporate Limits extended 5-21-83 Yes 319 No 35 Madison (City of Colbert) 4181 Charter Amendmentsproviding homestead exemption for certain residents 5- 4-83 Yes 58 No 3 Murray 3611 New Board of Education Referendum not held Newton 3814 Homestead exemptions for certain residents Referendum not held Seminole 3994 Board of Educationelection of mbrs. etc. 8- 2-83 Yes 1,181 No 1,198 Tift County and City of Tifton 3590 Consolidate governments of Tift Co. City of Tifton 6-26-84 Yes 2,060 No 3,860 Union 4514 Election filling of vacancies of Board of Education 5- 3-83 Yes 147 No 10 Wilkinson 3911 Board of Education compensation election 5- 3-83 Yes 582 No 198

Page CCC

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 Dade 3575 Board of educationElection of members, Etc. 3-13-84 Yes: 987 No: 367 Dade 3564 Board of Commissionerscreated 3-13-84 Yes: 629 No: 777 Dodge 3531 Appointed School Superintendent 3-13-84 Yes: 585 No: 2,235 Forsyth 4144 Authorized to impose business and occupational license taxes 11- 6-84 Yes: 4,290 No: 3,484 Fulton 3591 Board of EducationElection of members, education districts, Etc. 3-13-84 Yes: 24,258 No: 9,628 Habersham 3671 Election of Commissioners, Terms of Office, Etc. 8-14-84 Yes: 2,222 No: 1,392 Harris 3608 Board of EducationEducation Districts, terms, qualifications of members, Etc. 3-13-84 Yes: 1,347 No: 707 Harris 3766 Homestead Exemptions 8-14-84 Yes: 1,750 No: 375 Jones 3926 Homestead Exemptions 8-14-84 Yes: 2,476 No: 453 Jones 4459 Board of Education of Jones County Reconstituted 8-14-84 Yes: 2,206 No: 583 McIntosh 4103 Board of Education of McIntosh County Terms of Office of Members 5-15-84 Yes: 629 No: 239 McIntosh 4106 Appointment of School Superintendent by Board of Education 5-15-84 Yes: 221 No: 577 Polk City of Cedartown 4261 Homestead Exemptions 11- 6-84 Yes: 1,170 No: 45 Putnam 4657 Additional Homestead Exemption for persons 65 or older 8-14-84 Yes: 1,249 No: 164 Richmond 5119 Board of Education of Richmond CountyComposition of Board, Election Districts, Etc. Changed 11- 6-84 Yes: 26,594 No: 9,857 Rockdale City of Conyers 4884 Homestead exemption for persons 62 and over 5-26-84 Yes: 91 No: 2 Stewart 3513 Board of Commissioners CreatedElection, terms of office, Compensation, Etc. 3-13-84 Yes: 625 No: 820 Turner 4862 Board of Education of Turner CountyEducation DistrictsElection of Members, Etc. 5-15-84 Yes: 316 No: 171 Turner 4563 Board of Commissioners of Turner County CompositionElection of Members Etc. 5-15-84 Yes: 311 No: 175 Upson 4576 Board of Education of Upson CountyEducation Districts Changed, Etc. 8-14-84 Yes: 2,496 No: 838 Upson 3729 Upson County Board of CommissionersCommissioner Districts, Etc. 4-17-84 Yes: 708 No: 344 Upson 4367 Upson CountyAppointment of School Superintendent by Board of Education 11- 6-84 Yes: 1,903 No: 2,650 Wayne 3971 Wayne County Board of EducationEducation Districts, Etc. Changed No Election Held Pursuant to Court Order Wheeler 3601 Wheeler CountyBoard of EducationElection of members, Etc. 3-13-84 Yes: 425 No: 270 Wilkes 3838 Board of Education CreatedDistrict Election of Members, Etc. 8-14-84 Yes: 689 No: 909 Wilkinson City of Gordon 3923 Homestead Exemptions 8-14-84 Yes: 458 No: 47 Wilkinson 3772 Homestead Exemption 8-14-84 Yes: 643 No: 125

Page CCCIV

Georgia Laws, 1985: County Page No. SUBJECT Date of Election Result Bacon 4823 Board of Education; Elections 6-25-85 Yes: 206 No: 51 Baldwin 3835 Homestead exemption from Baldwin County School District Ad Valorem taxes 8-12-86 Yes: 1,999 No: 493 Bleckley 4406 Board of Commissioners; Created 11- 4-86 Yes: 887 No: 1,156 Brooks City of Quitman 4635 Board of Commissioners; Composition; Elections; Referendum Has not been Held Has not been approved by Justice Dept. Burke 4481 Board of Education; Elections 9- 3-85 Yes: 754 No: 673 Candler 4975 Board of Commissioners; Membership; Elections; Chairman; Powers; Referendum 6-11-85 Yes: 279 No: 116 Carroll 3945 Board of Education; School Superintendent; Referendum Question 1: 9-10-85 Yes: 4,076 No: 929 Question 2: Yes: 2,977 No: 2,019 Clinch 4918 Board of Education; Elections; Districts; Referendum 11- 4-86 Yes: 302 No: 128 Cobb City of Smyrna 4072 Mayor and Councilmen; Terms of Office: Referendum 11- 5-85 Yes: 789 No: 511 Dawson 4179 Business and Occupational License Taxes Referendum not held DeKalb City of Decatur 4140 Homestead Exemptions for certain residents who are 62 or older; Referendum 12- 4-85 Yes: 1,123 No: 154 Fayette 3992 Fayette County School DistrictAd Valorem Tax Exemption for Elderly and Disabled Residents: Referendum 6-11-85 Yes: 2,256 No: 255 Fayette 4198 Fayette CountySchool Superintendent; appointment by Board of Education; Referendum 11- 4-86 Yes: 4,725 No: 6,759 Fulton City of Atlanta 4371 City of AtlantaRedevelopment powers City Failed to Publish as required by Law City Atty, ruled not to put on ballot Fulton City of College Park 4513 Homestead exemptions; Referendum 5-13-85 Yes: 1,721 No: 143 Gwinnett 5106 Homestead Exemption from Gwinnett County School District Ad Valorem Taxes; Referendum 11- 4-86 Yes: 39,645 No: 12,055 Heard 5078 Board of Education; Elections; Referendum 9-24-85 Yes: 580 No: 90 Jeff Davis 4493 Board of Education; Elections: Referendum 4-8-86 Yes: 208 No: 45 Lanier 3966 Board of Education; Elections; Terms; Referendum 6-25-85 Yes: 252 No: 12 Marion 4573 Board of Education; Districts: Elections Referendum Not 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 8-12-86 Yes: 1,137 No: 1,315

Page CCCVII

Georgia Laws, 1986: County Page No. SUBJECT Date of Election Result Bartow 5361 Homestead Exemption from School District Taxation for Certain Residents who are 62 or Over; Referendum Not Held Bibb City of Macon 4736 Redevelopment Powers; Referendum 11- 4-86 Yes: 3,236 No: 2,725 Bibb City of Macon 5038 Redevelopment Powers; Referendum 11- 4-86 Yes: 8,120 No: 5,815 Bibb 5620 Staggered Motor Vehicle Registration Periods; Referendum 8-12-86 Yes: 2,592 No: 5,119 Bulloch 5627 Staggered Motor Vehicle Registration Periods; Referendum Not Held Camden 5647 Staggered Motor Vehicle Registration Periods; Referendum 8-12-86 Yes: 451 No: 258 Chatham City of Islands 4872 Incorporation; Charter; Referendum 8-12-86 Islands Area Yes: 506 No: 744 County Area Yes: 336 No: 1,426 Chatham City of Pooler 5592 Corporate Limits; Referendum 6-17-86 Pooler Yes: 115 No: 19 Area Proposed for Annexation Yes: 36 No: 24 Chattooga 5138 Board of Commissioners Created; Referendum 11- 4-86 Yes: 1,991 No: 2,220 Cherokee 3635 Board of Commissioners; Creation; Referendum 5- 6-86 Yes: 1,644 No: 2,221 Clayton 5019 Homestead Exemptions; Referendum 8-12-86 Yes: 11,478 No: 2,066 Cobb City of Acworth 3752 Mayor and Alderman; Elections; Qualifications; Terms; Referendum 5- 3-86 Yes: 47 No: 139 Cobb 4370 Homestead Exemption; County and School District Taxes; Referendum 11- 4-86 Yes: 64,538 No: 9,311 Cobb City of Marietta 5043 Homestead Exemption; Referendum 11- 4-86 Yes: 5,309 No: 1,002 Colquitt 3724 Board of Education; Composition; Elections; Districts; Referendum 5-13-86 Yes: 897 No: 180 Columbia 5636 Staggered Motor Vehicle Registration Periods; Referendum 8-12-86 Yes: 2,740 No: 1,695 Dawson 4061 Homestead Exemptions from School District Taxes; Referendum 8-12-86 Yes: 724 No: 183 Decatur 4096 Board of Education; Composition; Elections; Districts; School Superintendent; Appointment; Referendum 8-12-86 Yes: 1,387 No: 1,012 DeKalb 4107 Governing Authority; Powers and Duties; Applicability of Laws; Referendum 8-12-86 Yes: 31,123 No: 11,156 DeKalb City of Decatur 4475 Homestead Exemption for Residents 65 or Over; Referendum 12- 3-86 Yes: 1,233 No: 127 Douglas 5618 Staggered Motor Vehicle Registration Periods; Referendum 11- 4-86 Yes: 6,701 No: 3,144 Elbert 3578 Board of Education; Re-Creation; Referendum 5-13-86 Yes: 444 No: 208 Floyd City of Rome 4530 School District; Homestead Exemption; Referendum 8-12-86 Yes: 2,651 No: 336 Floyd 5511 Homestead Exemption; Referendum 8-12-86 Yes: 8,218 No: 895 Floyd 5057 School District; Homestead Exemption; Referendum 8-12-86 Yes: 4,971 No: 770 Forsyth 4347 Homestead Exemption from School District Taxes; Referendum 11- 4-86 Yes: 5,191 No: 1,005 Fulton 4148 Redevelopment Powers; Referendum 11- 4-86 Yes: 57,705 No: 41,691 Fulton 4434 Homestead Exemption for Residents who are Disabled or 65 or Older; Local Constitutional Amendment Continued Not Held Fulton City of Atlanta 4834 Redevelopment Powers; Referendum 8-12-86 Yes: 12,987 No: 9,356 Gwinnett 5625 Staggered Motor Vehicle Registration Periods; Referendum 8-12-86 Yes: 17,645 No: 4,777 Hall 3811 School District; Homestead Exemption; Referendum 8-12-86 Yes: 5,447 No: 2,112 Hall City of Gainesville 3815 Independent School District; Homestead Exemption; Referendum Not Held Hall 5616 Staggered Motor Vehicle Registration periods; Referendum 8-12-86 Yes: 7,553 No: 2,305 Henry 5053 Homestead Exemptions from School District Taxes for Certain Residents who are 62 or Over or Totally Disabled; Referendum Not Held Henry 5607 Staggered Motor Vehicle Registration Periods; Referendum 8-12-86 Yes: 2,211 No: 1,964 Houston 3901 Board of Commissioners; Redevelopment Powers; Referendum 11- 4-86 Yes: 6,517 No: 4,758 Houston City of Centerville 5157 Redevelopment Powers; Referendum 11- 4-86 Yes: 70 No: 88 Houston City of Perry 4196 Redevelopment Powers; Referendum Not Held Houston City of Warner Robins 3923 Redevelopment Powers; Referendum 10- 7-86 Yes: 2,675 No: 1,754 Lanier 3609 Lakeland-Lanier County Charter Commission Act-Preparation of a County-Wide government Charter; Referendum 9- 2-86 Yes: 448 No: 928 Laurens 3821 Board of Education; Elections; Referendum 11- 4-86 Yes: 929 No: 715 Liberty 3554 School Superintendent; Appointment; Referendum 11- 4-86 Yes: 1,332 No: 1,045 Liberty 3542 Board of Education; Elections; Referendum 8-12-86 Yes: 1,369 No: 277 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; Appoint; Referendum Not pre-cleared by U.S. Justice Dept. Muscogee 3927 Advisory Referendum on School Board Elections 11- 4-86 Yes: 18,451 No: 8,420 Oglethorpe 3568 Board of Education; Elections; Referendum 5-13-86 Yes: 307 No: 90 Paulding 4335 School Superintendent; Appointment; Referendum 11- 4-86 Yes: 1,199 No: 4,301 Polk 5633 Staggered Motor Vehicle Registration Periods; Referendum 8-12-86 Yes: 1,355 No: 1,013 Rabun City of Clayton 4778 Homestead Exemptions; Referendum 12-20-86 Yes: 453 No: 16 Screven 5642 Staggered Motor Vehicle Registration Periods; Referendum 8-12-86 Yes: 326 No: 404 Spalding 4855 Homestead Exemptions for Residents 62 or Older or Totally Disabled; Referendum 8-12-86 Yes: 1,946 No: 428 Spalding 5623 Staggered Motor Vehicle Registration Periods; Referendum 11- 4-86 Yes: 3,757 No: 3,693 Sumter City of Americus 3501 Sumter County Public School System-Creation; Merger of School Systems of Sumter County and the City of Americus; Referendum Not Held Tattnall City of Collins 4472 Mayor; Terms of office; Referendum 8-12-86 Yes: 31 No: 39 Telfair 4527 County Officers; Ineligibility to Hold Office; Local Constitutional Amendment Continued 11- 4-86 Yes: 1,800 No: 577 Toombs City of Vidalia 4862 School District; Powers of Board of Education; Referendum 9- 2-86 Yes: 824 No: 599 Troup 3515 Board of Education; Election; School Superintendent; Appointment; Act Continuing Local Constitutional Amendment Repeated; Referendum 5- 6-86 Yes: 193 No: 44 Twiggs 5542 School Superintendents; Appointment; Referendum 11- 4-86 Yes: 412 No: 1,127 Upson 4497 School District; Homestead Exemption; Referendum Not Held Washington 4485 Homestead Exemption for Persons 65 or Over; Referendum 8-12-86 Yes: 1,434 No: 373 Washington 4489 Homestead Exemption from County School Taxes for Persons 65 or Over; Referendum 8-12-86 Yes: 1,896 No: 402 Whitfield 5597 Board of Commissioners; Composition; Elections; Districts; Terms; Compensation; Referendum 11- 4-86 Yes: 4,315 No: 3,573 Wilkes 4091 Board of Education; Elections; Districts; Composition; Referendum 11- 4-86 Yes: 1,219 No: 377 Worth 3716 Board of Education; Membership; Elections; Districts; Referendum 11- 4-86 Yes: 1,499 No: 523 Statewide 878 Ad valorem tax exemption of tangible personal property 11- 4-86 Yes: 592,671 No: 249,708

Page CCCXII

Georgia Laws, 1987: County Page No. SUBJECT Date of Election Result Applying City of Baxley 5015 City of Baxley-Corporate Limits 7-21-87 Yes: 438 No: 822 Bartow 5325 School District; Homestead Exemption 11- 3-87 Yes: 2,483 No: 265 Bartow 4912 School Superintendent; Appointment 11- 3-87 Yes: 1,086 No: 1,617 Bartow 4915 Board of Education; Elections; Terms 11- 3-87 Yes: 2,135 No: 569 Bleckley 4111 Board of Education; Nonpartisan Elections 11- 8-88 Yes: 1,025 No: 606 Brooks 5267 School Superintendent; Appointment 3- 8-88 Yes: 709 No: 1,542 Brooks City of Quitman 5230 Board of Commissioners; Composition; Elections; Districts; Terms 8-11-87 Yes: 248 No: 71 Butts 4919 Board of Education; Elections, Terms; Meetings; Officers; School Superintendent; Appointment 11-10-87 Yes: 1,682 No: 561 Camden 4929 Board of Commissioners; Elections; Districts; Terms 3- 8-88 Yes: 1,365 No: 858 Camden 4943 Board of Education; Elections; Districts; Terms; Referendum; Act Continuing Local Constitutional Amendment Repealed 3- 8-88 Yes: 1,337 No: 932 Camden 5032 School Superintendent; Appointment 3- 8-88 Yes: 739 No: 1,579 Chatham 4801 Redevelopment Powers 6-16-87 Yes: 3,341 No: 5,356 Chatham City of Savannah 4083 Redevelopment Powers 6-16-87 Yes: 2,369 No: 3,235 Clarke 4279 Staggered Motor Vehicle Registration Periods 11- 3-87 Yes: 7,245 No: 1,622 Columbia 4270 Board of Education; Elections 3- 8-88 Yes: 7,344 No: 1,925 Columbia 4267 Homestead Exemption from Columbia County School District Taxation 3- 8-88 Yes: 8,266 No: 1,196 Dougherty 3843 Board of Education; Elections 11- 3-87 Yes: 6,448 No: 4,855 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 City Yes: 1,679 No: 3,601 3- 8-88 County Yes: 2,410 No: 6,380 Fulton 4132 Homestead Exemption for Residents 70 Year of Age or Over or Disabled 11- 8-88 Yes: 131,209 No: 35,740 Greene 4973 School Superintendent; Appointment by the Board of Education 3- 8-88 Yes: 787 No: 1,544 Hall City of Gainesville 4209 City of Gainesville Independent School District-Homestead Exemption 12- 1-87 Yes: 194 No: 28 Houston City of Perry 4115 Redevelopment Powers 12- 1-87 Yes: 128 No: 124 Lamar 3740 Board of Education; Elections; Districts; Terms; Vacancies 11- 3-87 Yes: 412 No: 203 Lowndes 4124 School Superintendent; Appointment 3- 8-88 Yes: 932 No: 2,505 Lumpkin 3586 School Superintendent; Appointment 6- 2-87 Yes: 617 No: 1,067 Madison City of Colbert 4475 Mayor; Term 12- 2-87 Yes: 19 No: 3 Mitchell 3508 School Superintendent; Appointment 7-28-87 Yes: 710 No: 921 Muscogee 4753 Board of Education; Composition; Elections; Districts; Terms; Compensation; taxes 3- 8-88 Yes: 9,784 No: 18,277 Oconee 4441 Redevelopment Powers 3- 8-88 Yes: 1,272 No: 1,863 Peach City of Byron 5394 School Superintendent; Appointment Not Held Peach City of Fort Valley 5409 Redevelopment Powers 4- 6-88 Yes: 847 No: 358 Peach 5397 Redevelopment Powers Not Held Pulaski 4263 School Superintendent; Appointment 3- 8-88 Yes: 679 No: 1,081 Pulaski 4241 Board of Education; Elections 11- 8-88 Yes: 960 No: 479 Rabun City of Sky Valley 5113 Homestead Exemption 12- 1-87 Yes: 84 No: 11 Stephens 4224 School Superintendent; Appointment; Vacancies 9- 1-87 Yes: 775 No: 2,249 Tift City of Tifton 4103 Homestead Exemption 11- 8-88 Yes: 1,847 No: 411 Ware City of Waycross 5135 Board of Education; Elections; Districts; Terms 9-22-87 Yes: 255 No: 136 Ware City of Waycross 5105 Mayor; Office Created; Election; Terms; Powers 11-24-87 Yes: 1,029 No: 345 White 5441 Board of Commissioners; Re-creation; Elections; Powers; Duties 3- 8-88 Yes: 1,278 No: 715 Whitfield City of Tunnel Hill 4366 New Charter 12- 7-87 Yes: 85 No: 33

Page CCCXVI

Georgia Laws, 1988: County Page No. SUBJECT Date of Election Result Barrow 3501 Board of Education; Compensation; Terms; Elections; Districts 4-12-88 Yes: 637 No: 62 Barrow 3674 School District; Homestead Exemption; Residents 62 or Older 8- 9-88 Yes: 4,226 No: 549 Bartow 4101 Motor Vehicle Registration periods 8- 9-88 Yes: 1,858 No: 1,060 Ben Hill and City of Fitzgerald 3573 Ben Hill Co. Public School System; Merger with School System of City of Fitzgerald 6-21-88 Yes: 517 No: 801 6-21-88 Yes: 822 No: 284 Berrien 3832 School District; Homestead Exemption; Residents 62 or Older Referendum Not Held Butts 4729 Board of Commissioners; Powers; County Manager Created 8- 9-88 Yes: 1,563 No: 955 Catoosa 4182 Board of Commissioners; Creation; Districts; Elections Terms 11- 6-90 Yes: 4,896 No: 2,913 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 Not Pre-Cleared by U.S. Justice Dept. Clarke City of Athens 3794 Redevelopment Powers Clayton 4307 School District; Superintendent; Appointment 11- 8-88 Yes: 12,314 No: 26,995 Clayton 4001 Board of Education; Number of Members 11- 8-88 Yes: 20,610 No: 17,155 Clayton 3527 Staggered Motor Vehicle Registration Periods 3- 8-88 Yes: 14,472 No: 8,627 Clayton 3523 Homestead Exemption; School District Taxes 11- 8-88 Yes: 32,925 No: 7,153 Clayton City of Riverdale 3951 Homestead Exemption 10- 8-88 Yes: 597 No: 35 Cobb 4479 Motor Vehicle Registration Periods 11- 8-88 Yes: 102,080 No: 21,916 Cobb 4070 Homestead Exemption 11- 8-88 Yes: 93,785 No: 29,194 Cobb 4286 School System; Homestead Exemption 11- 8-88 Yes: 76,495 No: 32,915 Coffe City of Douglas 4282 Homestead Exemption June 6, 1989 Yes: 734 No: 106 Columbia 4622 Homestead Exemption 11- 8-88 Yes: 15,372 No: 3,111 Coweta 4714 School District; Homestead Exemption 11- 8-88 Yes: 10,497 No: 2,412 Crawford 4063 School District; Homestead Exemption 11- 8-88 Yes: 1,092 No: 253 DeKalb 4114 Homestead Exemption 11- 8-88 Yes: 122,174 No: 27,547 DeKalb 4160 School District; Homestead Exemption 11- 8-88 Yes: 107,585 No: 29,336 DeKalb 4740 Governing Authority; Vote of Chief Executive; Department Heads under Merit System 11- 8-88 Yes: 76,350 No: 59,347 Dougherty City of Albany 4748 Homestead Exemption Referendum Not Held Effingham City of Springfield 4091 Corporate Limits Referendum Not Held Floyd 4856 School District; Homestead Exemption 8- 9-88 Yes: 7,014 No: 1,390 Floyd City of Rome 4484 School District; Homestead Exemption 8- 9-88 Yes: 4,607 No: 698 Fulton 4034 Homestead Exemption 11- 8-88 Yes: 131,209 No: 35,740 Fulton City of Hapeville 4866 Homestead Exemption 11-8-88 Yes: 1429 No: 146 Gilmer 4886 Board of Commissioners; Creation; Districts; Elections; Powers; County Manager 5-17-88 Yes: 1,863 No: 1,299 Gilmer 4894 Board of Education; Nonpartisan Elect 8-9-88 Yes: 1,381 No: 369 Gilmer 4903 School System; Superintendent; Nonpartisan Election 8-9-88 Yes: 1,336 No: 380 Gwinnett City of Dacula 3667 Homestead Exemption 11-19-88 Yes: 168 No: 34 Gwinnett 4199 School District; Homestead Exemption 11-8-88 Yes: 61,404 No: 22,771 Gwinnett 4023 School District; Homestead Exemption for Elderly and Disabled 11-8-88 Yes: 65,941 No: 19,844 Gwinnett 4627 Coroner Abolished; Medical Examiner Established 8-9-88 Yes: 17,325 No: 5,088 Gwinnett 4039 Homestead Exemption 11-8-88 Yes: 60,907 No: 25,291 Habersham 4112 Motor Vehicle Registration Periods Referendum Not Held (1) 984 (2) 628 Hart 3604 Board of Commissioners; Creation 4-12-88 (3) 943 4-26-88 Runoff (1) 1439 (2) 1,698 Henry 4633 Board of Commissioners; Chairman as Chief Executive Officer; County Administrator Abolished Referendum Not Held Henry 4310 School District; Homestead Exemption 11-8-88 Yes: 11,413 No: 2,823 Houston 4007 School District; Superintendent; Appoint 8-9-88 Yes: 2,681 No: 6,432 Jeff Davis City of Hazlehurst 4861 Advisory Referendum regarding Sales of Beer and Wine Referendum Not Held Lumpkin 4880 School District; Homestead Exemption 11-8-88 Yes: 3,009 No: 527 Monroe 3540 Board of Commissioners; Terms 3-8-88 Yes: 1,198 No: 778 Newton 4045 Homestead Exemptions; County and School District Taxes Referendum Not Held Peach City of Byron 3656 Redevelopment Powers 4-6-88 Yes: 64 No: 59 Peach 4598 School District; Homestead Exemption 11-8-88 Yes: 2,532 No: 815 Pierce 3543 School Superintendent; Appointment Referendum Not Held (See Act No. 1129 Ga. Law 1988 P. 4898) Pierce 4898 School District; Superintendent; Appoint 5-10-88 Yes: 394 No: 1,072 Pike 3824 School District; Homestead Exemption; Residents 62 or Older 11-8-88 Yes: 2,037 No: 518 Richmond 4147 School District; Homestead Exemption 11-8-88 Yes: 33,005 No: 7,709 Richmond 4043 Motor Vehicle Registration Periods 11-8-88 Yes: 27,047 No: 11,602 Richmond 3971 Board of Commissioners as Augusta-Richmond County Commission-Council For Both County and City 11-8-88 Yes: 25,129 No: 19,153 Richmond City of Augusta 3987 Reorganized Government of City and Richmond County; Repeal of City Charter 11-8-88 Yes: 7,180 No: 4,789 Rockdale and City of Conyers 3899 County Charter Commission Creation 11-14-89 County: Yes: 3,760 No: 2,768 City: Yes: 338 No: 668 Rockdale 3990 Motor Vehicle Registration Periods 11-8-88 Yes: 11,589 No: 4,547 Rockdale 3659 Homestead Exemption; County and School District Taxes 8-9-88 Yes: 5,507 No: 1,330 Sumter 3702 Staggered Motor Vehicle Registration Periods 8-9-88 Yes: 1,596 No: 1,134 Sumter City of Americus 3550 Sumter County Public School System-Creation; Merger of Sumter County and City of Americus School Systems 6-21-88 Sumter County: Yes: 1,033 No: 1,412 City of Americus: Yes: 1,530 No: 592 Upson 3821 Homestead Exemption; County Taxes; Disabled Residents 11-8-88 Yes: 2,598 No: 480 Upson 3685 School District; Homestead Exemption; Disabled Residents 11-8-88 Yes: 3,702 No: 900 Upson 3828 School District; Homestead Exemption; Residents 62 or Older Referendum Not Held Walton 4710 School District; Homestead Exemption for Elderly 8-9-88 Yes: 3,876 No: 739 Walton 4720 School District; Homestead Exemption for Disabled 8-9-88 Yes: 3,448 No: 1,025 Walton 4723 Motor Vehicle Registration Periods 8-9-88 Yes: 3,248 No: 1,157 White 4493 School District; Homestead Exemption 8-9-88 Yes: 2,634 No: 628 White 4472 Homestead Exemption 8-9-88 Yes: 2,541 No: 661 White 3515 Board of Commissioners; Re-Creation 3-8-88 Yes: 1,278 No: 715

Page CCCXXI

Georgia Laws, 1989: County Page No. SUBJECT Date of Election Result Bartow City of Cartersville 4746 City of CartersvilleHomestead Exemption 11-7-89 Yes: 1,208 No: 143 Chatham City of Port Wentworth 5105 City of Port WentworthCorporate Limits 9-12-89 Corporate Limits: Yes: 292 No: 58 Unincorporated Area: Yes: 50 No: 24 Cherokee 4295 Cherokee County Board of Commissioners; Creation 11-7-89 Yes: 4697 No: 1676 Clarke City of Athens 4021 City of Athens Redevelopement 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 Fannin County: Fannin City of Blue 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 City of Shiloh 4084 City of Shiloh Homestead Exemption Referendum Not Held Henry 4829 Henry County Board of Commissioners; Chairman; Election Superseded by Ga. L. 1990, p. 5232 Liberty City of Hinesville 4782 City of Hinesville Mayor and Council; Elections; Terms; Districts Superseded by Ga. L. 1990, p. 4047 Lowndes 3578 Lowndes Board of Education; Number of Members; Districts; Elections; Vacancies Repealed by 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 CCCXXIII

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 CCCXXIV

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 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 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 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 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 Wilkinson 4925 Homestead Exemption; Referendum 7-17-90 Yes: 798 No: 98

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Georgia Laws, 1991: County Page No. SUBJECT Date of Election Result Bartow 4478 School Superintendent; Appointment; Referendum 9-17-91 Yes: 909 No: 1,621 Ben Hill 3772 School Superintendent; Appointment; Term; Referendum 9-17-91 Yes: 449 No: 490 Ben Hill 3753 Board of Commissioners; Members; Posts; Election; Terms; Chairman; Referendum 3- 3-92 Yes: 1,268 No: 580 Chatham City of Savannah 3776 City of Savannah and Chatham County Board of Public Education; Members; Election; Vacancies 11- 3-92 Yes: 35,958 No: 10,709 Chattooga 4274 Board of Commissioners; Creation; Members; Chairman; Clerk; Referendum 3- 3-92 Yes: 779 No: 3,795 Cherokee 3627 Board of Education; Members; Vacancies; Residency; Referendum Referendum Not Held Cherokee 3855 School District; Homestead Exemption; Referendum 11- 3-92 Yes: 18,240 No: 3,269 Cobb City of Acworth 3576 Special Elections for approval of expenditure of proceeds from sale of water and sewer system Option Referendum Not Held Cobb City of Austell 4508 Homestead Exemption; Complete Exemption; Applicability; Exceptions; Procedures; Conditions; Referendum 11- 5-91 Yes: 347 No: 26 Referendum Not Held Cobb City of Smyrna 4693 Homestead Exemption; Referendum See 1992 - Act #859 Columbia 3986 Board of Education; Superintendent; Appointment; Contracts; Vacancies; Referendum 11- 5-91 Yes: 4,750 No: 8,360 Dade 3893 Board of Commissioners; Creation; Qualifications; Elections; Terms; Compensation; Duties; Chairman; Meetings; Quorum; Vacancies; County Manager; Audits; Budgets; Clerk; Referendum 3- 3-92 Yes: 1,567 No: 1,262 Douglas City of Douglasville 4297 Douglasville-Douglas County Charter Commission - Creation Referendum Not Held Franklin 4681 Board of Commissioners; Creation 3- 3-92 Yes: 1,883 No: 1,671 Fulton 3747 Fulton County School District - Homestead Exemption; Eligibility; Procedures; Forms; Applicability; Exceptions; Referendum 11- 3-92 Yes: 85,563 No: 25,354 Fulton City of Fairburn 3581 Homestead Exemption; Referendum 6-27-91 Yes: 252 No: 15 Fulton City of College Park 4422 Wards; Election Date; Referendum 9-17-91 Yes; 301 No: 49 Gwinnett City of Sugar Hill 4675 Homestead Exemption; Exception; Terms and Conditions; Procedures; Applicability; Referendum 10-26-91 Yes: 527 No: 37 Referendum Not Held- Harris City of Hamilton 3973 Municipal Court; Penalties; Referendum Act #11 Muscogee 4255 City-County Government and School Taxes; Homestead Valuation; Local Constitutional Amendments Repealed; Referendum 11- 5-91 Yes: 5,731 No: 24,247 Muscogee 4259 Homestead Exemption; County and School District Taxes; Disabled Veterans; Terms and Conditions; Procedures; Applicability; Referendum 11- 5-91 Yes: 25,203 No: 4,579 Muscogee 4265 Homestead Exemptions; County and School District Taxes; Procedures; Terms and Conditions; Applicability; Referendum 11- 5-91 Yes: 27,198 No: 2,640 Newton 4328 Homestead Exemption; County and School District Taxes; Eligibility; Restrictions; Applicability; Referendum 11- 3-92 Yes: 10,026 No: 2,314 Oconee 3822 School Superintendent; Appointment; Term; Contract 11- 5-91 Yes: 795 No: 1,286 Pickens 3851 School District Homestead Exemption; Referendum 11- 3-92 Yes: 3,827 No: 634 Pickens 4212 Board of Commissioners; Creation; Referendum 3- 3-92 Yes: 1,377 No: 2,081 Pike 3695 School District; Homestead Exemption; Referendum 11-3-92 Yes: 2,665 No: 697 Pulaski 4175 Board of Education; Consolidation and Restatement of Law; Members; Nonpartisan Election; Qualifications; Vacancies; Dates of Elections; Referendum 7-21-92 Yes: 1,173 No: 504 Referendum Rabun 4555 School District; Superintendent; Appointment; Referendum Not Held Spalding City of Griffin 4604 Board of Commissioners; Taxation and Finance Powers; Homestead Exemption; Referendum 11-5-91 Yes: 1,695 No: 235 Troup City of Hogansville 4427 School Taxes; Maximum Millage Rate; Referendum Referendum Not Held Washington 3759 Board of Education; Reconstitution; Members; Terms; Elections; Districts; Chairman; Qualifications; Vacancies; Compensation; Superintendent; Term; Appointment; Contract; Removal; Referendum 3-3-92 Yes: 1,463 No: 709 Whitfield 3638 Board of Education; Terms; Referendum 3-3-92 Yes: 3,164 No: 750

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Georgia Laws, 1991 Extraordinary Session: County Page No. SUBJECT Date of Election Result ADVISORY REFERENDUM: Butts 473 Solid Waste Landfill; Advisory Referendum 11-5-91 Public: 1,748 Private: 878 Camden City of St. Marys 462 Homestead Exemption; Referendum 12-3-91 Yes: 659 No: 87 Elbert 370 Board of Commissioners; Chairman; County Administrator; Referendum 3-3-92 Yes: 2,068 No: 1,056 Troup City of Hogansville 476 Ad Valorem School Taxes; Referendum Referendum Not Held Ware 445 Board of Education; School Superintendent; Referendum 3-3-92 Yes: 2,673 No: 573

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Georgia Laws, 1992: County Page No. SUBJECT Date of Election Result Baldwin 6709 Magistrate Court; Chief Magistrate and Magistrates; Selection; Number; Vacancies; Compensation; Funds; Reports; Referendum 11- 3-92 Yes: 8,494 No: 1,080 Bartow 6484 Chairperson and Board of Commissioners; Creation; Referendum 7-21-92 Yes: 1,993 No: 2,802 Berrien 5221 Board of Education; Districts; Elections; Referendum 7-21-92 Yes: 2,534 No: 1,453 Bryan 4551 Board of Education; Districts; Terms; Referendum 7-21-92 Yes: 1,853 No: 553 Bryan 4592 Board of Commissioners; Districts; Terms; Vacancies; Referendum 7-21-92 Yes: 1,514 No: 939 Camden City of Kingsland 5686 Homestead Exemption; Referendum 7-21-92 Yes: 211 No: 19 Carroll 6514 Homestead Exemptions; County and School District Taxes; Referendum 11- 3-92 Yes: 13,278 No: 2,669 Carroll City of Carrollton 5906 Homestead Exemption; School District Taxes; Referendum 11- 3-92 Yes: 3,270 No: 746 Catoosa 5981 Catoosa Utility District and Board of Utilities Commissioners; Abolition; Referendum 11- 3-92 Yes: 3,354 No: 9,649 Chatham 7019 Corporate Limits; Referendum 11- 3-92 Yes: 1,205 No: 255 Chattooga City of Summerville 6308 City Manager; Mayor; Referendum Option Referendum Not Held Clarke 6241 Homestead Exemption; County and School District Taxes; Referendum 7-21-92 Yes: 7,898 No: 1,112 Clayton 6146 Homestead Exemption; County Taxes; Referendum 7-21-92 Yes: 18,324 No: 4,429 Cobb City of Powder Springs 6237 Homestead Exemption; City Taxes; Referendum 11- 3-92 Yes: 2,433 No: 536 Cobb City of Smyrna 5725 Homestead Exemption; City Taxes; Referendum 7-21-92 Yes: 3,222 No: 513 Columbia 6175 Homestead Exemptions; County and School District Taxes; Referendum 11- 3-92 Yes: 21,586 No: 4,446 DeKalb 6845 Homestead Exemption; School District Taxes; Referendum 11- 3-92 Yes: 112,095 No: 48,244 DeKalb 6624 Homestead Exemption; School District Taxes; Referendum 11- 3-92 Yes: 82,790 No: 73,413 DeKalb 6137 Governing Authority; Definition; Code of Ethics, Sanctions; Referendum 11- 3-92 Yes: 125,095 No: 51,405 DeKalb 6323 Homestead Exemption; County Taxes; Referendum 11- 3-92 Yes: 129,830 No: 53,377 DeKalb 5720 Homestead Exemption; School District Taxes; Referendum 11- 3-92 Yes: 131,414 No: 43,365 DeKalb 6566 Commission; Districts; Elections; Referendum 7-21-92 Yes: 46,257 No: 22,459 Floyd 5383 Homestead Exemption; County Taxes; Referendum 11- 3-92 Yes: 14,905 No: 9,240 Floyd 5466 Board of Commissioners; Terms; Referendum 11-3-92 Yes: 15,052 No: 10,621 Floyd 5902 Homestead Exemption; School District Taxes; Referendum 11-3-92 Yes: 6,032 No: 2,580 Forsyth 5052 Board of Education; Laws Restated; Membership; Elections; Districts; Officers; Terms; Compensation; Referendum 7-21-92 Yes: 6,402 No: 1,183 Forsyth Cumming-Forsyth 6601 Cumming-Forsyth County Charter Commission Creation; Referendum 11-3-92 Yes: 7,566 No: 8,408 Forsyth 6300 Homestead Exemption; School District Taxes; Referendum 11-3-92 Yes: 12,682 No: 3,513 Franklin 4770 Homestead Exemption; County and School District Taxes; Referendum 11-3-92 Yes: 3,731 No: 867 Fulton 6563 Homestead Exemption; County Taxes; Referendum 11-3-92 Yes: 124,659 No: 68,198 Fulton City of Alpharetta 6449 Mayor and Council; Districts; Elections; Terms; Referendum 7-21-92 Yes: 640 No: 1,656 Fulton City of Atlanta 7007 Homestead Exemption; City Taxes; Referendum 11-3-92 Yes: 58,142 No: 35,594 Fulton City of Atlanta 7003 Homestead Exemption; School District Taxes; Referendum 11-3-92 Yes: 66,039 No: 32,340 Fulton 6583 Homestead Exemption; County Taxes; Referendum 11-3-92 Yes: 121,003 No: 77,010 Gwinnett City of Suwannee 6524 Homestead Exemption; City Taxes; Referendum Referendum To Be Held 11-93 Hart 5574 Homestead Exemption; County and School District Taxes; Referendum 11-3-92 Yes: 4,094 No: 1,518 Heard 6107 Homestead Exemption; County and School District Taxes; Referendum 11-3-92 Yes: 2,362 No: 480 Jackson 5452 Homestead Exemption; County and School District Taxes; Referendum Referendum Not Held Jackson City of Jefferson 5888 Homestead Exemption; City and City School District Taxes; Referendum Referendum Not Held Jasper 6508 Homestead Exemption; County Taxes; Referendum 11-3-92 Yes: 1,267 No: 848 Jones 5389 Homestead Exemption; County Taxes; Referendum 7-21-92 Yes: 2,749 No: 969 Lowndes 5827 Board of Education; Membership; Elections; Districts; Vacancies; Referendum 11-3-92 Yes: 5,301 No: 3,430 Madison 4726 Homestead Exemption; County and School District Taxes; Referendum 11-3-92 Yes: 3,734 No: 932 McIntosh 6500 Referendum on Retention of the McIntosh County Industrial Development Authority 11-3-92 Yes: 1,342 No: 1,016 Murray 6246 School Superintendent; Appointment; Referendum 11-3-92 Yes: 1,771 No: 3,962 Muscogee 6629 Board of Education; Composition; Qualifications; Districts; Terms; Elections; Vacancies; Compensation; Taxes; Referendum 11-3-92 Yes: 30,455 No: 10,920 Muscogee 5365 Homestead Exemption; County and School District Taxes; Bonded Indebtedness; Referendum 11-3-92 Yes: 24,510 No: 12,796 Newton 6587 Motor Vehicle Registration Periods; Referendum 7-21-92 Yes: 2,556 No: 2,241 Paulding 5788 Board of Commissioners; Elections; Membership; Districts; Qualifications; Terms; Compensation; County Managers; Referendum 11-3-92 Yes: 1,785 No: 2,944 Polk 6361 Homestead Exemption; County and School District Taxes; Referendum 11-3-92 Yes: 5,292 No: 1,442 Rabun City of Sky Valley 6111 Homestead Exemption; City Taxes; Referendum 11-3-92 Yes: 85 No: 11 Rabun 5472 Homestead Exemption; County Taxes; Referendum 11-3-92 Yes: 3,356 No: 503 Rockdale 5351 Homestead Exemption; School District Taxes; Referendum 11-3-92 Yes: 16,414 No: 4,668 Sumter 5171 Board of Education; Reconstitution; Districts; Terms; Referendum 7-21-92 Yes: 738 No: 299 Telfair 6358 Board of Education; Vacancies; Referendum 7-21-92 Yes: 2,897 No: 312 Towns 6853 Board of Education; Appointment; Referendum 7-21-92 Yes: 1,067 No: 135 Troup 5459 Homestead Exemption; County and School District Taxes; Referendum Referendum Not Held Troup City of Hogansville 6218 Ad Valorem School Taxes; Maximum Millage Rate; Referendum 7-21-92 Yes: 184 No: 421 Twiggs 6502 Homestead Exemption; School District Taxes; Referendum 7-21-92 Yes: 1,547 No: 289 Upson Thomaston-Upson 5823 School District-Homestead Exemption; Referendum 11-3-92 Yes: 7,743 No: 1,245 Walton 5892 Board of Education; Districts; Terms Elections; Compensation; Referendum 7-21-92 Yes: 1,979 No: 3,149 Wilkinson 6312 Homestead Exemption; School District Taxes; Referendum 7-21-92 Yes: 775 No: 127

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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 were submitted to the electors of the State of Georgia for ratification or rejection at the General Election held on November 3, 1992; and WHEREAS: The number of votes cast for and against the ratification of eight Constitutional Amendments to the Constitution of the State of Georgia of 1983 voted on in the General Election held on November 3, 1992, have been counted, tabulated, computed and canvassed by the Secretary of State of the State of Georgia, and the results thereof certified to me as Governor of the State of Georgia; and WHEREAS: Said certifications are attached hereto and by reference are made a part hereof; and WHEREAS: Code Section 21-2-502 of the Official Code of Georgia Annotated provides that the Governor shall issue his proclamation declaring the results of the vote of each proposed Constitutional Amendment. NOW, THEREFORE, PURSUANT TO THE AUTHORITY VESTED IN ME AS GOVERNOR OF THE STATE OF GEORGIA, IT IS HEREBY PROCLAIMED: That proposed Constitutional Amendments numbers 1, 2, 3, 4, 6, 7, and 8 which appeared upon the 1992 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 1992 General Election held on Tuesday, November 3, 1992, 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, 1993. FURTHER: I do proclaim that proposed Constitutional Amendment number 5 which appeared upon the 1992 General Election ballot, which was a proposed Amendment to the Constitution of the State of Georgia of 1983 not having been ratified according to the Constitution of the State of Georgia of 1983

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according to the results of the November 1992 General Election held on Tuesday, November 3, 1992, is not a part of the Constitution of the State of Georgia of 1983. This 30th day of November 1992. /s/ Zell Miller GOVERNOR ATTEST /s/ Keith W. Mason EXECUTIVE SECRETARY I, MAX CLELAND, Secretary of State of the State of Georgia, do hereby certify that in the General Election held in this State November 3, 1992, the number of votes cast for and against the eight (8) General Constitutional Amendments 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 17th day of November, in the year of our Lord One Thousand Nine Hundred and Ninety-Two and of the Independence of the United States of America the Two Hundred and Seventeenth. /s/ Max Cleland SECRETARY OF STATE

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GENERAL CONSTITUTIONAL AMENDMENTS VOTED ON NOVEMBER 3, 1992 1. H.R. 7 Res. Act 50 (Ga. L. 1991, p. 2035) 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? YES: 1,146,349 NO: 1,050,674 52.17% 47.82% 2. H.R. 288 Res. Act 49 (Ga. L. 1991, p. 2032 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? YES: 1,385,474 NO: 648,617 68.11% 31.88% 3. H.R. 840 Res. Act 81 (Ga. L. 1992, p. 3333) Shall the Constitution be amended so as to authorize the General Assembly to provide by general law for the dedication and deposit of revenues raised from specified sources for the purposes of the fund into an Indigent Care Trust Fund; to provide that moneys in the fund shall be exclusively used for primary health care programs for medically indigent citizens and children, for expansion of Medicaid eligibility and services, or for programs to support rural and other health care providers who disproportionately serve the medically indigent; and to provide that contributions and revenues deposited to the fund shall not lapse? YES: 1,328,925 NO: 653,322 67.04% 32.95% 4. H.R. 732 Res. Act 80 (Ga. L. 1992, p. 3329) Shall the Constitution be amended so as to provide for state loans to local government entities for regional or multijurisdictional solid waste recylcing and solid waste facilities and systems; to provide that the state may incur general obligation debt to make such loans; to provide that the state may incur guaranteed revenue debt for such facilities or systems; to provide for the investment and application of the proceeds of such debt and of the earnings on its investment and to provide for intergovernmental contracts not exceeding 50 years for loan agreements for such purposes? YES: 1,039,566 NO: 882,633 54.08% 45.91% 5. S.R. 477 Res. Act 124 (Ga. L. 1992, p. 3339) Shall the Constitution be amended so as to provide for the creation of a Transportation Trust Fund to be funded by revenues collected from new motor fuel taxes and new taxes on the sale of aviation fuel and from which funds shall be disbursed for transportation purposes only as defined by the General Assembly and according to a formula devised by the General Assembly? YES: 712,388 NO: 1,222,875 36.81% 63.18% 6. S.R. 486 Res. Act 125 (Ga. L. 1992, p. 3342) Shall the Constitution be amended so as to authorize the General Assembly to regulate tractor, farm equipment, heavy equipment, and new motor vehicle manufacturers, distributors, dealers, and their representatives doing business in Georgia, including agreements among such parties, in order to prevent frauds, unfair business practices, unfair methods of competition, impositions, and other abuses upon its citizens? YES: 1,165,119 NO: 767,367 60.29% 39.70% 7. H.R. 715 Res. Act 114 (Ga. L. 1992, p. 3336) Shall the Constitution be amended so as to provide that heavy-duty equipment motor vehicles owned by nonresidents and operated in this state may be classified as a separate class of property for ad valorem property tax purposes and different rates, methods, and assessment dates may be provided for such motor vehicles and to authorize the General Assembly to provide by general law for the ad valorem taxation of motor vehicles? YES: 1,182,999 NO: 737,191 61.60% 38.39% 8. H.R. 16, as amended by H.R. 997 Res. Act 3, as amended by Res. Act 98 (Ga. L., 1991, p. 2031, as amended by Ga. L. 1992, p. 3335) 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 each of the particular political subdivisions affected by the amendment? YES: 1,265,859 NO: 577,693 68.66% 31.33%

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STATE OF GEORGIA OFFICE OF THE GOVERNOR ATLANTA 30334-0900 Zell Miller GOVERNOR April 29, 1993 Honorable Thomas B. Murphy Speaker of the House of Representatives State Capitol Atlanta, Georgia 30334 Dear Mr. Speaker: I have vetoed House Bills 58, 206, 223, 292, 745, 978 and 1124 which were passed by the General Assembly of Georgia at the 1993 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/cwc Attachments cc: Honorable Pierre Howard, Lieutenant Governor Honorable Robbie Rivers, Clerk, House of Representatives Honorable Frank Eldridge, Secretary of the Senate Honorable Sewell R. Brumby, Legislative Counsel Honorable Michael J. Bowers, Attorney General Honorable Max Cleland, Secretary of State

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STATE OF GEORGIA OFFICE OF THE GOVERNOR ATLANTA 30334-0900 Zell Miller GOVERNOR April 30, 1993 Honorable Pierre Howard Lieutenant Governor State Capitol Atlanta, Georgia 30334 Dear Lieutenant Governor Howard: I have vetoed Senate Bills 139, 178, 179, 181, 182, 184, 283, 316 and 342 which were passed by the General Assembly of Georgia at the 1993 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/cwc Attachments cc: Honorable Thomas B. Murphy, Speaker of the House of Representatives Honorable Robbie Rivers, Clerk, House of Representatives Honorable Frank Eldridge, Secretary of the Senate Honorable Sewell R. Brumby, Legislative Council Honorable Michael J. Bowers, Attorney General Honorable Max Cleland, Secretary of State

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VETO NUMBER ONE HOUSE BILL 206 House Bill 206 substantially increases the minimum salaries of local elected constitutional officialssheriffs, clerks of court, probate judges and tax commissioners. I hereby veto House Bill 206 because the pay raises are in the wrong amount, done at the wrong time and done in the wrong way. The amount of the pay raise is wrong because some probate judges would have received a raise approaching 24% and some tax commissioners would have seen their salary raised by nearly one-third. Georgia is only now beginning to recover from recession. Private employers are still down-sizing; businesses are struggling. Working Georgians are lucky Georgiansand luckier still if they received even a nominal pay raise in the past few years. The timing of the pay raise was wrong because it occurred immediately following an election at which all candidates knew what the salary of the office was when they were running for election. Finally, the manner in which the across-the-board pay raises were accomplished was wrong because it was done in the closing hours on the last day of the legislative session with no opportunity for public debate or local government input. Pay raises of this magnitude must be carefully budgeted for and by local governments. Smaller units of government simply cannot casually absorb up to a one-third increase in an elected official's salary. Some local governments may have had to raise local taxes to pay for such legislatively mandated pay raises. As Governor, I believe that citizens should have input into decisions which directly affect their taxes. By folding these pay raises into a conference committee report in the closing hours on the last day of the session, the General Assembly denied public access while promoting public excess at the expense of local governments and local taxpayers. Therefore, I hereby veto House Bill 206.

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VETO NUMBER TWO SENATE BILL 283 Senate Bill 283 as it was originally introduced would have increased voter participation by simplifying election processes in nonpartisan elections. However, in the version which was finally passed, Senate Bill 283 would decrease voter participation and increase voter frustration by taking away a voter's right to vote a straight party ticket. I oppose eliminating a voter's choice to vote a straight party ticket. Senate Bill 283 would silence those voters who in the past have exercised their option to vote straight party. The State should encourage, not discourage, voter participation in the political process. Senate Bill 283 accomplishes exactly the opposite. Elimination of the option to vote straight-party would make voting more burdensome, more cumbersome, and more time-consuming on Georgia voters. The second problem with this bill involves the manner of its passage. This fundamental change in voting procedures was inserted into a conference committee report and brought before the full legislature for approval only minutes before final adjourment of the Session. The public had no opportunity to influence the legislature's vote on the way the public chooses to cast its vote. A change of this magnitude should be fully debated and disclosed prior to final passage. Finally, since this would affect voting procedures, Senate Bill 283 would have to receive Justice Department approval under the Voting Rights Act. I cannot in good conscience ask the Justice Department to approve such a fundamental change in Georgia's voting procedures when no statistics on the impact of such a change were presented to the legislature and when the voting public was afforded no opportunity for comment. For these reasons, I hereby veto Senate Bill 283.

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VETO NUMBER 3 SENATE BILL 139 Senate Bill 139 proposes to provide for a local property tax amnesty program and amends provisions relating to the State tax amnesty program. I support giving local governments as effective a tool for revenue generation that I asked the General Assembly to approve for the State in 1992. The State realized over $50 million dollars from implementation of its tax amnesty program. I would hope that local governments could obtain similar success. The problem with Senate Bill 139 was not that it offered local governments an opportunity to initiate amnesty programs, but that it would potentially undermine the State's amnesty program. The success of any amnesty program is entirely dependent upon the certainty of sanctions imposed following amnesty. The State extensively advertised its amnesty program and advised taxpayers to pay today to avoid stiff collection fees tomorrow. Those fees which were approved by the General Assembly and incorporated into the design of the State amnesty program and which were broadly advertised were a 50% collection fee on accounts due and owing before December 31, 1990 (the cutoff date for amnesty accounts) and a 20% collection fee on accounts due and owing after December 31, 1990. During deliberations on Senate Bill 139, a House floor amendment was offered which significantly reduced the collection fees provided in the State amnesty program: the 50% collection fee would be reduced to 20% and the 20% would be reduced to 10%. Lowering collection fees carries two important implications for the State. First, reductions in fees would reduce State revenues. The Revenue Department estimates that if Senate Bill 139 were approved with these lower fees, the State will lose approximately $800,000 in collection fees in Fiscal Year 1994 and $2.5 million dollars each year thereafter. Secondly, and perhaps more importantly, the State would lose credibility because it talked a tough talk but immediately relaxed penalties following the amnesty period.

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I certainly would support efforts to extend the concept and design of the State tax amnesty program to local governments. However, I simply cannot approve Senate Bill 139 in its current form with its lowered collection fees for the State. Accordingly, I hereby veto Senate Bill 139. VETO NUMBER 4 HOUSE BILL 223 House Bill 223 changes the provisions relating to continuing education for coroners and authorizes the State Board of Funeral Service to impose up to 16 hours of continuing education for emblamers and funeral directors. The portion of House Bill 223 revising the continuing education provisions affecting coroners presents no problem. The problem with the bill involves that part of the bill which establishes continuing education requirements for funeral directors and emblamers. In that part, the bill contained a technical error which would have precluded one of the three major funeral directors' associations from being in a position to offer mandatory continuing education courses. The legislative sponsors of this particular portion of the bill have advised me that this was an oversight. Those same sponsors together with the State Board of Funeral Services agree that this oversight should be corrected prior to the bill becoming law. Though I support imposition of such continuing education requirements, due to technical oversight, I hereby veto House Bill 223. VETO NUMBER 5 HOUSE BILL 292 House Bill 292 would change the provisions relating to issuance of special prestige license plates for amateur radio operators. The law currently permits an amateur radio operator to apply to receive a prestige plate upon payment of an initial manufacturing fee in the amount of $25.00 and upon payment of a $25.00 annual renewal fee. House Bill 292 would give amateur radio operators one free prestige tag and would also exempt that first tag from payment of the $25.00 annual renewal fee. The

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manufacturing fee and $25.00 annual renewal fee would still be required for second or additional plates. In only a very few limited cases does the law provide one free prestige plate to a category of persons. Those few categories include: consular corp, disabled veterans, Medal of Honor Winners, active reservists, prisoners of war, and with the signature of House Bill 113 into law, Purple Heart Veterans. All other groups must pay an initial manufacturing fee and an annual registration fee to receive their prestige plate. I am concerned that granting this exception to amateur radio operators would open the door to other exceptions and give one category of prestige plate holders an advantage over others similarly situated. VETO NUMBER 6 SENATE BILL 342 Senate Bill 342 proposes to amend the Upper Savannah River Development Authority Act. A similar bill was proposed in the House and was also passed by the General Assembly. To avoid confusion, the author of Senate Bill 342 has requested that Senate Bill 342 be vetoed and its House counterpart, House Bill 941, be signed into law. Accordingly, I hereby veto Senate Bill 342. VETO NUMBER 7 HOUSE BILL 745 House Bill 745 was local legislation that provided for a homestead exemption from Wayne County ad valorem taxes and Wayne County School District ad valorem taxes. Subsequent to its passage, the local legislative delegation and the Wayne County Commission determined this matter requires further study. Therefore, at the request of the local legislative delegation, I hereby veto House Bill 745.

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VETO NUMBER 8 HOUSE BILL 978 House Bill 978 was local legislation providing for the reincorporation of the Town of Sumner in Worth County. House Bill 978 contained a technical error which was discovered by the author subsequent to passage of the bill by both the House and Senate. Therefore, at the request of the author of the bill, I hereby veto House Bill 978. VETO NUMBER 9 HOUSE BILL 58 House Bill 58 was local legislation relating to the public school system for the City of Gainesville. House Bill 58 contained technical errors which were discovered subsequent to passage of the bill by the House and Senate. Therefore, pursuant to the request of the local legislative delegation, I hereby veto House Bill 58. VETO NUMBER 10 HOUSE BILL 1124 House Bill 1124 was local legislation that provided a new charter for the Town of Sumner in Worth County. Subsequent to passage of the bill by both the House and Senate, the author, with the concurrence of the town council, determined this matter required further review by the local community. Therefore, at the request of the author, I hereby veto House Bill 1124. VETO NUMBER 11 SENATE BILL 178 Senate Bill 178 was local legislation that provided for an increase in the compensation of the chairman of the Clayton County Board of Commissioners. Subsequent to passage of this bill by both the House and the Senate, the local legislative delegation determined this matter required further review. Therefore, pursuant to the request of the local legislative delegation, I hereby veto Senate Bill 178.

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VETO NUMBER 12 SENATE BILL 179 Senate Bill 179 was local legislation that provided for an increase in the county supplement to the salary of Clayton Judicial Circuit Superior Court Judges. Subsequent to passage of this bill by both the House and Senate, the local legislative delegation determined this matter required further review. Therefore, pursuant to the request of the local legislative delegation, I hereby veto Senate Bill 179. VETO NUMBER 13 SENATE BILL 181 Senate Bill 181 was local legislation that provided for an increase in the county supplement to the salary of the district attorney of the Clayton Judicial Circuit. Subsequent to passage of this bill by both the House and Seante, the local legislative delegation determined this matter required further review. Therefore, pursuant to the request of the local legislative delegation, I hereby veto Senate Bill 181. VETO NUMBER 14 SENATE BILL 182 Senate Bill 182 was local legislation that provided for an increase in the salary of the sheriff of Clayton County. Subsequent to passage of this bill by both the House and Senate, the local legislative delegation determined this matter required further review. Therefore, pursuant to the request of the local legislative delegation, I hereby veto Senate Bill 182. VETO NUMBER 15 SENATE BILL 184 Senate Bill 184 was local legislation that provided for an increase in the compensation of the official court reporters of the Clayton Judicial Circuit. Subsequent to passage of the bill by both the House and Senate, the local legislative delegation determined this matter required further review. Therefore, pursuant to the request of the local legislative delegation, I hereby veto Senate Bill 184.

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VETO NUMBER 16 SENATE BILL 316 In 1991 the General Assembly approved Senate Bill 328 which provided for fewer but tougher tests for Georgia's students. I had offered Senate Bill 328 in an effort to comprehensively reform Georgia's tests and testing procedures. Senate Bill 328 was predicated on my belief that Georgia's teachers and educators should concentrate on educating students to do well in life, not on educating students to prepare them to do well on a multitude of assessment tests. Senate Bill 316 would delay implementation of the testing reforms approved by the 1991 General Assembly until 1995 by requiring another full year of field testing of the 11th grade graduation tests. Already, the State has provided for a full year of field tests prior to implementation of the 11th grade graduation tests. The 11th grade graduation test is scheduled to be in place in the Spring of 1994. The State has done its homework. Just as many of the tests required before testing reform were exercises in test-taking, an additional year of field testing of the 11th grade graduation test is not expected to yield any unexpected information. Too many tests yielding too little information have been the problem for too long. The time is now to implement the 1991 testing reforms. For these reasons, I hereby veto Senate Bill 316.